TERMS OF SERVICE

Date Last Modified: July 30, 2010

Welcome to the Ryzing LLC’s website located at www.ryzing.com (“Website”) and thank you for reviewing our Terms of Service. We hope that you will enjoy this Website. We, or any our subsidiaries and affiliates (collectively, “Ryzing”) make this Website, including all information, documents, Content (defined below), files, text, graphics, games, Ryzing Software (defined below), and audio/visual files (collectively, the “Service”) available for your use subject to the Terms of Service set forth below. The Terms of Service spell out what you can expect from us and what we expect from you. Ryzing's Privacy Policy is an integral part of this Terms of Service and is incorporated into this document by reference. You can find Ryzing's Privacy Policy at our Website.

These Terms of Service may be amended from time to time. You agree to check back periodically for new information and terms that govern your use of the Services. Ryzing reserves the right to modify the Terms of Service at any time. Revisions to terms affecting existing Services shall be effective five (5) days after their posting at our Website. Terms for new Services are effective immediately upon posting at our Website. Your continued use of the Website following such changes signified your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the Service. If you breach any of the Terms of Service or Official Rules (as posted on the Website) of the Service, your authorization to use the Service automatically terminates.

1. Ryzing Account

You may be required to create a Ryzing Account ("Account") to access and use some Services. You must be eligible to use the intended part of the Service for which you seek to create an Account. Eligibility to participate in any one of Ryzing’s Services is identified in the rules associated with that Service. Some Services may automatically create an Account for you if they are accessed via third-party networks, such as Facebook®. In the event you are asked to provide any information about yourself in order to establish an Account, you agree to provide truthful and accurate information.

You are solely responsible for all activity on your Account. Your Account is not transferable. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age in your jurisdiction and/or in the jurisdiction where that person is located, to participate in a game, and in no event any person under the age of twenty-one years. You should not reveal your Account password to others. Ryzing will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. Privacy and Data Collection

Your privacy is important to us. Please read Ryzing's Privacy Policy carefully for information relating to Ryzing's collection and use of personal information. You can find Ryzing's Privacy Policy at our Website. If you do not agree to each and every part of our Privacy Policy, then you should not use our Service or this Website or submit any personally identifiable information through the Service. Questions regarding privacy issues should be directed to our e-mail at 247 [at] ryzing dot com.

3. Content

"Content" within our Services may include software, technology, text and other audio visual material, and the design and appearance of our Websites. Content may be provided by you or third parties, including other users of Services. Ryzing does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to Services, and is not responsible for the accuracy or inaccuracy of the Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Services.

Ryzing reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in our sole and final discretion. To the maximum extent permitted by applicable law, Ryzing does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your Content and may be held liable for Content that you post.

4. Intellectual Property Rights

A. Copyright Information

Content within the Services is owned by Ryzing or Ryzing's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a Service unless you are authorized to do so in writing by Ryzing.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. Ryzing reserves all rights in Ryzing-owned and licensed Content that are not expressly granted to you in this Terms of Service.

Making unauthorized copies of Content found in Services may result in the termination of your Ryzing Account(s), prohibition on use of Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Ryzing from any unauthorized or illegal conduct by you, or through the use of your Account, on Services.

B. Notice and Procedure for Making Claims under the Digital

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent listed below. For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) A description of the copyrighted work that you claim has been infringed upon;

(3) A description of where the material that you claim is infringing is located on this Website;

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Provider’s Designated Agent is:

Ryzing, LLC

Attn: Designated Agent

PO Box 85073 #32131

Richmond, VA 23285-5073

247 [at] ryzing dot com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.

C. Trademarks

Ryzing may own trademarks for its Services, including, without limitation, RYZING, and the associated graphics, logos and service marks are trademarks of Ryzing and may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

5. Contributing Third Party Content to Services

Ryzing respects the intellectual property rights of others. You must have the legal right to upload Content to Services. You may not upload or post any Content on Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. Ryzing may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of Ryzing's or a third party's intellectual property rights, Ryzing may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as items accumulated within games).

6. Contributing Your Own Content to Services; License Grant to Ryzing and Others

In exchange for Ryzing enabling your contribution of Content, when you contribute Content to a Service, you expressly grant Ryzing a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Ryzing all licenses, consents and clearances to enable Ryzing to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.

If the Service on which you contribute Content permits other users to access and use that contributed Content as part of the Service, than you also grant all other users of the relevant Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Service without further notice, attribution or compensation to you.

7. Paid Services

Some Services require payment of a fee. You must have an Account and pay the fees to participate in these activities.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Ryzing reserves the right to change its fees or billing methods at any time. If your use of Services is subject to use or sales tax, then Ryzing may also charge you for any such taxes, in addition to the subscription or other fees.

A. Payment Options. You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Service. When you provide credit card or other payment information to Ryzing, you represent to Ryzing that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. Ryzing reserves the right to utilize third party credit card updating services and identify verification services to obtain current expiration dates on credit cards provided by you to Ryzing and verify that information you have provided is true and accurate.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

8. Termination of Services and Accounts

Ryzing may terminate any Service at any time.

Ryzing may also terminate your Account(s) (and access to all related entitlements) for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of our Services, products, or Ryzing's Intellectual Property. If you have more than one Account, Ryzing may terminate all of your Accounts and all related entitlements. Ryzing may issue you a warning, or Ryzing may immediately terminate any and all Accounts that you have established. You acknowledge that Ryzing is not required to provide you notice before terminating your Account(s). If Ryzing terminates your Account, you may not participate in a Service again without Ryzing's express permission. Ryzing reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by Ryzing to use your Account.

If your Account, or a particular subscription for a Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game), virtual currency, virtual prizes, or money will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Service (such as points, credits or other digital items). The Account and anything within the Account will belong solely to Ryzing and will be forfeit by you.

9. Rules of Conduct.

You may violate the Terms of Service if you:

Specific Services may also post additional rules that apply to your conduct on those services. It is your responsibility to review and abide by any applicable rules. Ryzing reserves the right to terminate your Account and to prevent your use of any and all Services if your Account is used to engage in illegal activity or to violate these Terms of Service.

If you encounter another user who is violating any of the Terms of Service, please report this activity to Ryzing using the "Report Abuse" or equivalent functions in the relevant Service. Please refer responsibly!

10. Software, Utilities and Tools

Services may require or allow you to download software, software updates or patches, or other utilities and tools from Ryzing or its licensors onto your computer ("Ryzing Software"). Ryzing grants to you a non-exclusive, limited license to use Ryzing Software solely for the purpose stated by Ryzing at the time the Ryzing Software is made available to you. You may not sub-license, or charge others to use or access Ryzing Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Ryzing Software. You may not modify Ryzing Software or use it in any way not expressly authorized in writing by Ryzing. You understand that Ryzing's introduction of various technologies may not be consistent across all platforms and that the performance of Ryzing Software and related Services may vary depending on your computer and other equipment.

From time to time, Ryzing may provide you with updates or modifications to Ryzing Software. You understand that certain updates and modifications may be required in order to continue use the Ryzing Software and Services.

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Service, the Service or any games offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, you will forfeit all winnings to which you may otherwise be entitled, and Ryzing reserves the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.

11. Export Control Laws

Ryzing Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading or accessing Ryzing Software, you warrant that you are not located in any country, or exporting Ryzing Software to any person or place, to which the United States or any other jurisdiction has embargoed goods.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Ryzing Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

12. Changes to Services and/or your Account parameters

Ryzing may find it necessary to change rules or parameters of your Account in Services to balance game play. These changes may cause you setbacks within the relevant game. Ryzing reserves the right to make these changes and is not liable to you for these changes.

13. Limitations on Warranty and Liability

You expressly agree that use of the Website and Service is at your sole risk. Neither Ryzing nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Ryzing (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Ryzing makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Ryzing shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Ryzing spokesperson. Advertisers, content providers, other users, guests, independent writers and experts are not authorized Ryzing spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, other users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

A. Disclaimer of Warranties.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND RYZING SOFTWARE, IS PROVIDED BY RYZING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RYZING AND THE RYZING AFFILIATES (DEFINED BELOW) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

RYZING AND THE RYZING AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, RYZING DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

B. Limitation of Liability.

RYZING DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF RYZING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RYZING NOR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "RYZING AFFILIATES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, RYZING SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF RYZING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RYZING RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT RYZING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON RYZING’S SERVICES, FROM INABILITY TO USE RYZING’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF RYZING’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of the Services and/or Website, your sole and exclusive remedy is to discontinue your use of the Services and this Website.

14. Indemnification

You agree to defend, indemnify and hold harmless Ryzing and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Ryzing harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Services and for all of your communication and activity on Services, including any Content you contribute, and that you will indemnify and hold harmless Ryzing, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Services, including any Content that you contribute.

Ryzing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Ryzing in that matter. This Section shall survive termination of this Terms of Service.

15. Links to Third-Party Sites

Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. You agree that Ryzing does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Ryzing encourages you to examine the privacy policies and/or terms of use of any third party website.

16. General Terms

17. Entire Agreement

The Terms of Service (including the Ryzing Privacy Policy) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and Ryzing relating to your rights and obligations in the use of Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a Service, Ryzing shall resolve the conflict in its sole discretion.

Visit www.ryzing.com and visit this site regularly for updates to Ryzing’s Terms of Service.

You are reminded to print all transaction data, payment methods and these Terms of Service in order to avoid misunderstandings at a later time.

THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

These Terms and Conditions may be changed at any time, without prior notice.