Bossa Nova Robotics
Last updated July 15, 2011
This website, located at www.mechatars.com (the "Site"), is provided by Mechatars™, the consumer brand of Bossa Nova Robotics, Inc. (“Bossa Nova”) to the person accessing this Site ("you").
Your continued use of the Site constitutes your acceptance of any such modifications.
1. Rules of Conduct:
The following Rules of Conduct apply when you play Mechatars™ on-line (the “Game”) and when you visit the Site. It is important that you understand and follow these rules. If you do not understand these rules, please discuss them with one of your parents.
A. Respect other people using the Game or the Site. For example, do not abuse, harass, or threaten another person through the Game or the Site and do not act in a hateful, violent, vulgar, obscene or offensive manner through the Game or the Site. Do not act in a manner through the Game or the Site that harms or can reasonably be expected to harm another person.
B. Keep yourself and others safe. Do not share your personal information such as your physical address, telephone number, school name, and last name with other people through the Game or the Site. Do not share another person’s personal information through the Game or the Site.
C. Abide by the law. Do not act in a manner through the Game or the Site that is illegal or encourages or advocates illegal activities. Do not infringe or violate copyrights, patents, trademarks, or trade secrets through the Game or the Site.
D. Only personal use of the Game and the Site is permitted. Do not offer to sell any products or services through the Game or the Site and do not ask for contributions or donations through the Game or the Site.
E. Other people enjoy the Game and the Site. Do not cause damage to or harm the Site by, for example, distributing a virus through the Site or otherwise tampering with the Site.
2. Permitted Use of the Site:
The information and materials on the Site are for general informational and entertainment purposes. You may use the Site solely for the purpose of playing the Game, learning about Bossa Nova and/or purchasing its services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose.
3. Notice; Electronic Communications:
When you visit the Site or send e-mails to the Site, you are communicating with Bossa Nova electronically. You consent to receive communications from Bossa Nova electronically. Bossa Nova may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Bossa Nova provides to you electronically satisfy any legal requirement that such communications be in writing.
5. Typographical Errors:
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Bossa Nova reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bossa Nova shall issue a credit to your credit card account in the amount of the incorrect price.
6. Disclaimer – Warranty:
The Site, the Game, its content, and materials and products on the Site are provided on an "as is" and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, Bossa Nova hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement. Bossa Nova does not represent or warrant that the functions contained in the Site or the Game will be uninterrupted or error-free, that the defects will be corrected, or that the Site, the Game or the server that makes the Site and the Game available are free of viruses or other harmful components. Bossa Nova does not make any warranties or representations regarding the use of the materials in the Site, including the Game, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
8. Limitations of Liability:
YOUR USE OF THE SITE AND PLAY OF THE GAME IS AT YOUR OWN RISK. NEITHER BOSSA NOVA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR PLAY OF THE GAME WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit these limitations on liability, so the above limitations may not apply to you.
9. Third-Party Links:
In an attempt to provide increased value to the Site’s visitors, the Site may link to sites operated by third parties. However, even if the third party is affiliated with Bossa Nova, Bossa Nova has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Bossa Nova. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Bossa Nova specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Bossa Nova does not endorse the content, or any products or services available, on such sites. Nonetheless, Bossa Nova seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
The following trademarks are property of Bossa Nova: Mechatars™, mechatars.com™, Bossa Nova Concepts™, Bossa Nova Robotics ™, Animotion Robotics™, Penbo™ and Prime-8™. These marks may not be used without Bossa Nova’s consent on any product or service, except Bossa Nova’s own products.
Copyright © 2011, Bossa Nova Robotics, Inc. ALL RIGHTS RESERVED. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bossa Nova or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Bossa Nova and protected by U.S. and international copyright laws. All software used on the Site is the property of Bossa Nova or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
12. Copyright Complaints:
Bossa Nova respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Bossa Nova at email@example.com.
13. Export Control:
Software and other materials on the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Bossa Nova does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
14. Governing Law; Dispute Resolution:
A. Dispute Resolution. To facilitate the resolution of any controversy related to this Agreement ("Dispute"), you and Bossa Nova agree to first attempt to resolve any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism. If this fails, additional informal discussions begin upon written notice from you or Bossa Nova. Bossa Nova will send its notice to the email address you have provided to Bossa Nova and may also provide a copy to a physical address if we have one on file. You will send your notice to Bossa Nova Robotics, Inc., 2325 3rd Avenue, Suite 108, San Francisco, CA 94107. If you and Bossa Nova are unable to resolve a Dispute through informal discussions, either you or Bossa Nova may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, Bossa Nova will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, you and Bossa Nova may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
B. No Class Action. You and Bossa Nova agree that any arbitration shall be limited to the Dispute between Bossa Nova and you individually. To the full extent permitted by law, no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
C. Exceptions to Informal Discussions and Arbitration. You and Bossa Nova agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
D. Venue. Any arbitration will take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than any claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Bossa Nova agree to submit to the personal jurisdiction of that court. Each party hereby waives any claim that such venue is improper or inconvenient.
E. Governing Law. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of California without regard to its conflict of law provisions.
16. Questions and feedback:
Bossa Nova welcomes your questions, comments, and concerns about the Game and the Site. Please send Bossa Nova any and all feedback pertaining to the Game and the Site to firstname.lastname@example.org.