POLICIES LAST UPDATED (09-1-2014)
This site (RubyFam.com) and RubyFam Games are owned and operated by RubyFam, Inc. (The Company), and provides its services to you subject to the following conditions. If you visit our website at www.RubyFam.com and/or www.RubyFamInc.com and/or any of its sub domains or use any of RubyFam Games Apps, you affirmatively accept the following conditions. Continued use of the site and/or any of RubyFam Games Apps constitutes the affirmative agreement to these terms and conditions. Company reserves the right to change the terms, conditions, and notices under which the Company sites and services are offered. You are responsible for regularly reviewing these terms and conditions. You may request to be added to our mailing list for policy updates; however we cannot be held responsible for you not receiving your e-mails due to spam blockers or other means that are out of our control.
PRIVACY POLICY
This Privacy Policy describes how we handle your personal information for our services. By accepting the Privacy Policy you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon any purchase, new users, and is otherwise effective on August 3rd, 2000.
You can browse our website without telling us who you are or revealing any personal information about yourself, however we log IP addresses that visit our store for security purposes. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information in our files located in the United States. We may collect and store the following information (when provided by you):
Email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers. Shipping, billing and other information you provide to purchase or ship an item. Forum chats, blogs, posts, and/or any correspondence sent or received. Other information such as your login information for our website, IP addresses and standard web logging information. Supplemental information from third parties (For example, if you incur a debt to RubyFam, Inc., we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law. As another example, if the information you provide cannot be verified, we may ask you to send us additional information (such as your driver license, credit card statement, and/or a recent utility bill or other information confirming your address), or to answer additional questions online to help verify your information.)
We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve and personalize our services. If you don’t wish to receive marketing communications from us, let us know by e-mail to CustomerService@RubyFam.com with ‘DO NOT SEND MAIL’ in the subject or by following the directions within the email.
Our primary reason to collect personal information is to respond to legal requirements, prevent potentially prohibited or illegal activities, enforce out sites policies, help you resolve any problems you may have, or protect everyone’s rights, property, and/or safety.
We may disclose personal information to proper authority’s for legal requirements, prevent potentially prohibited or illegal activities, enforce out sites policies, help you resolve any problems you may have, and/or protect everyone’s rights, property, and/or safety. We may also share your personal information with other third parties to whom you explicitly ask us to send your information. Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity; (In such events we will disclose name, city, state, telephone number, email address, ID history, fraud complaints, IP history, and/or other information that may be required by law.).
Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. We use “cookies” (small files placed on your hard drive) on certain pages of the Site. We offer certain features through our shopping cart that are only available through the use of cookies. You are always free to decline our cookies if your browser permits, however this can result in interference with use of the site. Cookies are generally used to allow you to enter a password less frequently during a session, help us offer certain features that are only available through the use of cookies, measure promotional effectiveness, and analyze our website page flow.
Remember that when you send e-mails they are not encrypted. Do not use your personal information in an e-mail such as credit card numbers or passwords. They can be intercepted by third parties that may try to use that information for illegal activity.
Website TERMS and CONDITIONS
Children and Mature Content
The Services are not directed to children under the age of 13. RubyFam, Inc. will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. Mature content on our website is not directed to anyone under the age of 18. RubyFam, Inc. will not knowingly collect personally identifiable information on or through any of these services from anyone under 18. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children’s use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children.
Note to Parents: If you have any concerns about the Services, please contact us via our online form available here. You may also contact us at CustomerService@RubyFam.com
ELECTRONIC COMMUNICATIONS
When you visit RubyFam, Inc. (www.RubyFam.com www.RubyFamInc.com or any of our sub domains), use any of RubyFam Games Apps or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content on this site or in any of our RubyFam Games Apps, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
RubyFam, Inc. grants you a limited license to access and make use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.RubyFam.com so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner and is revocable at will under any circumstance or condition by the Company. You may not use any Company logos or other proprietary graphic or trademark as part of the link without express written permission.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our services only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
PRODUCT DESCRIPTIONS
The Company and its affiliates attempt to be as accurate as possible in describing a product or service. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We are only human. If a product offered by the Company itself is not as described, your sole remedy is to contact us within 24 hours of purchase (or delivery) at CustomerService@RubyFam.com, so we may do our best to correct the problem.
OTHER BUSINESSES
We provide links to the sites of affiliated companies and certain other businesses. RubyFam, Inc. does its best to make sure that the company sites we link to are trusted, however, we are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their Web sites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITH REGARDS TO VIRTUAL ITEMS AND SERVICES, THE COMPANY IS ONLY PROVIDING A SERVICE TO BUYERS; NO GOODS OR PROPERTY ARE BEING SOLD TO BUYERS BY THE COMPANY. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (WE DO OUR BEST TO MAINTAIN A CLEAN SITE). THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
You agree that the laws of the United States, without regard to principles of conflict of laws, will govern these CONDITIONS OF USE and any dispute of any sort that might arise between you and the Company or its affiliates. Any such disputes regarding these matters shall be resolved in Kansas and under Kansas Law. This disclaimer is intended for the Company’s exclusive use.
DAMAGES
In no event shall RubyFam.com, their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
DISPUTES
Any dispute relating in any way to your visit to the Company’s websites or to products and/or services you purchase through the Company shall be submitted to confidential arbitration in Wichita, Kansas, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any court in the World, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing in Wichita, Kansas (USA). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all policies on our site. These policies also govern your visit to the Company’s Web sites. We reserve the right to make changes to our site, policies, and these CONDITIONS OF USE at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
BILLING
We verify prices and stock as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. State laws require that we charge applicable sales tax on orders shipped to addresses in the state of Kansas.
WEBSITE SECURITY
To protect the information you submit to us we use a 128/256bit SSL encryption for our website. We currently use only PayPal for purchases on our website, therefore all your credit card and bank information is only shared on the PayPal website. If you make a purchase through Google Play or any of our other vendors we use to distribute our RubyFam Games Apps you will need to read their credit card privacy policy for how they store your information. We do not collect or store any credit card information on our servers. If you have further questions you can contact us at CustomerService@RubyFam.com . It is our goal to make sure your information is as secure as possible.
PayPal, Credit Card, Debit Card, E-Check
For ALL our electronic transactions our site has policies in place to help protect you from identity theft. When you make purchases with PayPal, Credit Card, Debit Card or E-check, please be sure your shipping information matches the information with your payment method (What does this mean?), if your information doesn’t match with your payment issuing bank (credit card company, Debit Card/E-check Bank etc.), this can flag our fraud prevention system and can/will cause shipment delays on any products you may order from us.
On most of our first time orders (even if you make a payment from a confirmed account), we will make a phone call to verify your information and try to answer any questions you may have about your order. Please be sure you have put down the best time of day to contact you by phone and an active phone number that matches will your billing address. If you ever have any questions or concerns, please feel free to ask us at CustomerService@RubyFam.com or through our Contact Us page.
News / Blog sections of any of our websites
Our News / Blog sections for any site under the RubyFam.com domain (including our subdomains) is for general research, informational, and entertainment purposes only. We publish video, audio, articles, or other content from current and past contributors. The information on the Site represents the opinions and perspectives of a variety of contributors and users of the Site since its inception. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site.
Despite our efforts to provide useful and accurate information, we are only human and errors may appear from time to time. Before you act on information you’ve found here, you should confirm any facts that are important to your decision. RubyFam.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. RubyFam is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by RubyFam or its licensers.
DISCLAIMER OF WARRANTIES (News / Blog sections)
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; RubyFam does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM RUBYFAM, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY RUBYFAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUBYFAM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. RUBYFAM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUBYFAM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, RubyFam makes the following specific disclaimers for the following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment adviser or financial adviser relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment adviser before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither RubyFam, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.
MEDICAL & HEALTH INFORMATION: The content located on the Site should not be interpreted as medical or health advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical adviser relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither RubyFam, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Site.
LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal adviser relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal adviser; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither RubyFam, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
Any posts that you submit or comments you make are also considered to be done in your own free will and time. By commenting, writing posts, and/or making informational posts, you acknowledge that you do not expect compensation of any kind for making posts or comments, or giving any information.
When you use any one of the sections of our website below you must agree with all the terms for that section. If you do not agree with the terms your sole remedy is to simply close out our website.
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RubyFam FREE Arcade
PLEASE SEE OUR RUBYFAM FREE ARCADE TERMS OF SERVICE PAGE FOR IT’S FULL TERMS OF SERVICE.
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RubyFam Games Support Forums and Game Apps
PLEASE SEE OUR RUBYFAM SUPPORT FORUMS TERMS OF SERVICE FOR OUR RUBYFAM GAMES APPS AND FORUM SUPPORT TERMS OF SERVICE.
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RubyFam Treasure Chest
PLEASE SEE OUR RUBYFAM TREASURE CHEST TERMS OF SERVICE FOR THE TERMS OF SERVICE FOR THAT STORE.
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MISC.
When you place an order on any of our websites you also agree to all the terms set forth on the shopping cart page. We give delivery times and other information to the best of our knowledge to help you understand everything involved with your purchases. Please be sure to contact us if you ever have any questions.
IF YOU HAVE ANY QUESTIONS ABOUT ANY OF OUR POLICIES, PRODUCTS, AVAILABILITY, OR WARRANTIES, PLEASE CONTACT US AT CUSTOMERSERVICE@RUBYFAM.COM WITH ANY OF YOUR QUESTIONS OR CONCERNS. IT IS OUR GOAL TO MAKE YOUR SHOPPING EXPERIENCE AS SAFE, COMFORTABLE, AND ENJOYABLE AS POSSIBLE!
THANK YOU FOR CHOOSING RUBYFAM.COM!!
