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Sandbox.com - Terms of Services
Welcome to SANDBOX ("SANDBOX") AllstarStats (the owenr and operator of the
business), Station Infiniweb (the contract development team) and
other sites affiliated with Sandbox (each a " Site").
PLEASE SCROLL DOWN
AND READ THE TERMS OF SERVICE “AGREEMENT” CAREFULLY BEFORE USING SANDBOX.
By using the SANDBOX, you signify your agreement to these terms of use and
are of legal age to enter this agreement. If you do not agree to these terms of
use, please do not use the Site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time. Please
check these terms periodically for changes. Your continued use of this Site
following the posting of changes to these terms will mean you accept those
changes.
1. Definitions
SANDBOX (“SANDBOX”) is a on-line
membership based service. "Member" is defined as a person who accesses
SANDBOX Site. Each Member will have an account ("Account") for
access to and use of SANDBOX.
2. General
(A) This Agreement,
which incorporates by reference other provisions applicable to use of
SANDBOX governing the use of certain specific material contained in
SANDBOX, sets forth the terms and conditions that apply to use of
SANDBOX by Member. By subscribing to SANDBOX program, Member agrees to
comply with all of the terms and conditions hereof. The right to use
SANDBOX is personal to Member and is not transferable to any other person
or entity. Member is responsible for all use of Member's Account (under any
screen name/username or password) and for ensuring that all use of Member's
Account complies fully with the provisions of this Agreement. Only one
individual may access SANDBOX using the assigned same screen name/username
or password, unless we agree otherwise.
Member shall be responsible for protecting the confidentiality of
Member's password(s), if any.
(B) SANDBOX
shall have the right at any time to change or discontinue any aspect or feature
of SANDBOX program, including, but not limited to content, availability,
and equipment needed for access or use.
3. Changed Terms
SANDBOX shall
have the right at any time to change or modify the terms and conditions
applicable to Member's use of SANDBOX, or any part thereof, or to impose
new conditions, including, but not limited to, changing fees and charges for
use. Such changes, modifications, additions or deletions shall be effective 30
days after notice thereof, which may be given by means including, but not
limited to, posting on SANDBOX (including within this Agreement), or by
electronic or conventional mail, or by any other means by which Member obtains
notice thereof. Any use of SANDBOX by Member after such notice shall be
deemed to constitute acceptance by Member of such changes, modifications or
additions.
4. Equipment
Member shall be
responsible for obtaining and maintaining all equipment, including but not
limited to, all telephone, computer hardware and software, and other any
equipment needed for access to and use of SANDBOX and all charges related
thereto.
5. Disclaimer of
Warranty; Limitation of Liability
(A) MEMBER EXPRESSLY
AGREES THAT USE OF SANDBOX IS AT MEMBER'S SOLE RISK. NEITHER SANDBOX,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT SANDBOX WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF SANDBOX, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SANDBOX.
(B) SANDBOX IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT SANDBOX IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
(D) IN NO EVENT WILL
SANDBOX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING SANDBOX OR THE SANDBOX SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
SANDBOX. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON SANDBOX.
(E) MONEY BACK GUARANTEE AND $10.00 QUALITY ASSURANCE PAYMENT(IF APPLICABLE) IS SUBJECT TO TERMS AND CONDITIONS OF OUR MONEY BACK GUARANTEE PROGRAM FOUND AT HTTP://WWW.SANDBOX.COM/MONEYBACKGUARANTEE.HTML
(F) MEMBER’S SOLE REMEDY IN CASE OF DISPUTE IS MEMBERSHIP FEES PAID.
6.
Indemnification
Member agrees to
defend, indemnify and hold harmless all SANDBOX, its affiliates and their
respective directors, officers, employees and agents from and against all
claims and expenses, including, but not limited to, attorneys' fees, arising
out of the use of SANDBOX by Member or Member's Account.
7. Billing
SANDBOX Premium Members
will be billed on a recurring monthly cycle unless otherwise noted and agreed upon. A
Member's credit card will be billed once for the stated monthly rate upon
initial registration and then, if applicable, will be billed once every monthly
anniversary date for the length of the membership. The renewal charge shall be
equal to the original customer signup price, unless otherwise notified in
advance by SANDBOX. Member’s right
to use the Service is subject to any limits established by SANDBOX or by
Member’s credit card issuer. If payment cannot be charged to Customer's credit
card or Member’s charge is returned for any reason, including chargeback,
SANDBOX reserves the right to either suspend or terminate Member’s access
and account, thereby terminating this Agreement and all obligations of SANBOXPLUS hereunder. Member of
SANDBOX is not, however, relieved of debt owed to SANDBOX.
SANDBOX Premium Members
acknowledge that premium membership is not a requirement to participate in any game or
contest. Non-premium members may obtain details
on how to participate in each individual game and contest by reading the
instructions in the individual contest or game rules. Members acknowledge that
40% of member fees are applied towards games, 40% towards providing integrated fantasy content
and 20% to community elements.
SANDBOX takes the issue of your privacy seriously. SANDBOX does not share your
credit card information with anyone else.
SANDBOX Member
accounts can be transferred to another entity in the event of a merger or
acquisition of the Company.
8. Eligibility requirement for entering games.
The games are open to all residents of the fifty United States and the District of Columbia, and to all residents of Canada (excluding residents of Quebec) who are 18 years of age or older (or the age of majority in their province) at time of entry. If you are a resident of Arizona, Florida, Maryland, Vermont, Montana, Louisiana, New Jersey, Arkansas, or Tennessee, you are welcome to participate in the
games, but you will not be eligible to win a prize. These requirements may be in
addition to the requirements provided in the game rules. Certain games may have
additional requirements as noted in the particular games rules. Please refer to
the particular game rules for any additional requeirements. Void where prohibited by law. Employees of the Company, Co-Sponsors or of such entities' affiliates, subsidiaries, dealers or retailers, advertising or promotion agencies are not eligible, nor are members of such employee's families or households. To enter
a game a member may either (i.) use their SANDBOX username and password or (ii.) send your team and league information in a self-addressed stamped envelope to
SANDBOX.com- Team/League Info,
247 Route 100 Suite 2004
Somers, NY 10589.
If you do not have a username and password and need any additional information
on how to enter and play a particular game please contact the company at
help@SANDBOX.com The Company assumes no responsibility for incomplete, late, lost or misdirected entries, or entries received through impermissible or illegitimate channels; for failed, partial or garbled computer transmissions, or for technical failures of any kind.
9. Cancellation/Refund Policy
All cancellations must be initiated at www.SANDBOX.com/cancel.html.
There are no prorated refunds for any reason including, but not limited to,
cancellations within a billing cycle.
Refunds will be given
in full for valid items only as deemed by Company, including but not limited
to, billing errors, registration errors, or duplicate payments. Anyone
requesting a refund under 100% Money-Back Guarantee program should submit an
email to billing@SANDBOX.com
and note their SANDBOX username and reasons for cancellation to be approved
for the refund. All refunds approved by
Company and due members will be paid in full within 5 days of refund approval
and distributed to a credit card account designated by the canceling member.
Without limiting the foregoing, SANDBOX
shall also have the right to immediately terminate Member's Account in the
event of any conduct by Member which SANDBOX, in its sole discretion,
considers to be unacceptable, or in the event of any breach by Member of this
Agreement.
This notice is located within the "Terms" footer on each page
of Site.
10. Disputes
Participant agrees
that: (1) any and all disputes, claims, and causes of action arising out of or connected
with SANDBOX shall be resolved individually, without resort to any form of
class action, and exclusively by arbitration under the Commercial Arbitration
Rules (January, 1999) of the American Arbitration Association in Washington, D.C; (2) The participant acknowledge that the Company is an Incorporated
Company and the management, directors and officers of the
Company are acting on behalf of the Company, and any and all legal action
related to this agreement must be brought against the company and not an
officer, manager or director of the company (3) any and all claims,
judgments and awards shall be limited to actual out of pocket costs incurred,
including membership fees but in no event attorneys' fees;
and (4) under no circumstances will entrant
be permitted to obtain awards for and entrant hereby waives all rights to claim
punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Entire
Agreement
This Agreement and
our Legal Disclaimer and any operating and game rules constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written or
oral agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the State of
Virginia, without regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
This Agreement was last revised on January 10th 2005 and previously on July
22, 2003.
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