Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT
(“TOS” for short)
The TOS tells you what you can and cannot do when you access or use Fusible. “Fusible” means TrackEasterBuny.com, SantaTracker.net, Easter Bunny Email, and EasterBunnyTracker.com, and all other Fusible-branded mobile apps and games. SantaTracker.net is owned and operated by Fusible. (“Fusible”, “us”, or “we”).
Translation: Get your parent’s permission before you use Fusible.
Community Guidelines. Don’t post anything that is mean, foul, abusive, or obscene. This includes postings that contain profanity, are likely to offend someone, or that are racist, harassing, threatening, bullying or untrue. You also agree not to post things about other people that are false, illegal, or that may encourage someone else to break the law. Additionally, you may not create a screen name that we determine is inappropriate or offensive. Fusible is committed to providing a fair, clean, and fun environment for all. We use only professional, well-trained moderation staff and the most up-to-date technology to assist us in keeping Fusible safe and friendly.
Translation: Play nice, only use kind words, and don’t engage in any unsafe or inappropriate usage or behavior.
Translation: Keep your personal information personal. Never give out (or ask for) real names or personal information while chatting with other Fusible users.
Tell the Truth and Don’t Cheat.You agree to provide us with information that is true, complete, up-to-date, and accurate. Never attempt to use third-party websites, hacking programs, cheat codes, or related methods to hack or circumvent Fusible systems or policies. NONE OF THESE METHODS ACTUALLY WORK. They are created by criminals to steal your personal information, infect your computer with malware, or to lure you into visiting illicit online marketing sites. You may not attempt to send viruses, keyloggers, or trojans to Fusible, Fusible employees, or other users. Never attempt to alter Fusible or our server technology or coding to your advantage. Attempts to defraud other users or take their in-game items by gaining their trust (i.e. “scamming”) are absolutely not tolerated and will result immediately in the loss of access to Fusible. This includes attempts to trade Fusible virtual items outside of our in-game trading system, asking users to share or trade account login information, or any other tricks to cheat other users in the game. If you engage in any of these activities, you may permanently lose your right to use Fusible.
Translation: Make sure all of the contact information you send us is accurate. Don’t try to cheat other Fusible users, and don’t try to cheat us.
Respect the Ownership Rights of Others (DMCA).You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all content shared by you on Fusible. If you do not have proper license to share, then please do not post it to Fusible.
If you are a copyright owner and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with: a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material, including the steps required to access it in the game; d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and e-mail address; e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is email: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
Translation: Don’t post any content on Fusible that you don’t own. If you find something on Fusible that belongs to you and was put up without your permission, please contact us using the copyright infringement notice process described here.
Content Posted by Users. We do not promise that information on Fusible posted by third parties, including content posted by other users, is accurate or reliable. While we diligently monitor and screen postings to keep Fusible suitable for kids, we make no warranties, express or implied, as to the accuracy, reliability, or suitability of any postings. We have no obligation to modify or remove any inappropriate postings, and no responsibility for the conduct of the member submitting any posting. Notwithstanding the foregoing, we, in our sole discretion, reserve the right to prevent any postings from being placed on Fusible, and to edit, restrict, or remove such postings for any reason at any time.
Translation: We work hard to make Fusible a safe place for kids, but a lot depends on our users. Fusible is not responsible for content on Fusible posted by users or other third parties. However, if we think content is not appropriate, we can take it down at any time without asking for permission.
No Hacking. You agree not to post any content that contains viruses, corrupted files, or any other similar software or programs that may harm Fusible or make it operate poorly, or that would do the same to a third-party computer or any other specific feature of Fusible. You also agree that you will not decompile, disassemble or copy Fusible or any of its source code or network transmissions. If you violate this rule we will remove you as a user and block you from using Fusible. Doing so, however, does not limit our other rights and remedies. Also, you understand that by breaking this rule, you will have irreparably harmed us and Fusible.
Translation: Don’t ruin it for everyone else by trying to hack, copy or reverse engineer all or part of Fusible. Also, don’t share viruses, or corrupted links or files with Fusible or Fusible users.
Termination.We may, in our sole discretion and with or without warning, cease operation of Fusible, terminate your membership to Fusible, or otherwise restrict your access to Fusible. Furthermore, should we find any user breaking our rules, we reserve the right to suspend or delete associated accounts and take any other action we deem appropriate.
Translation: We can suspend or terminate your Fusible account and the game itself at any time, with or without any notice to you.
License to Use Fusible. We retain all right, title and interest to Fusible, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not, and all applications thereof.
Fusible is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, Fusible may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent. All rights not expressly granted to you herein are reserved by us.
Translation: Fusible owns all aspects of Fusible, and your use of Fusible does not give you any ownership rights.
License to Use Fusible Content. The information, pictures, graphics, games, and updates for use in Fusible, and other content, features and services available in Fusible, including content posted by users (collectively, the “Fusible Content”) are owned by us or our suppliers or licensors and are protected by copyright and other laws throughout the world. We may require you to pay a fee for a non-exclusive license to use certain Fusible Content. You acknowledge that Fusible Content has no real world value, is licensed as part of, and may only be used in, Fusible. Accordingly, you may not sell or transfer the Fusible Content (including your account access information) and all such transfers or sales are null and void. All copyright and other proprietary notices on any Fusible Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Fusible Content is strictly prohibited.
You will not stream, copy, reproduce, republish, upload, display, post, or transmit any Fusible Content, and will not make or distribute things where you include the Fusible Content. It is a violation of our rights to do this. The only time you can do this is if we specifically give you permission. The use of Fusible Content for any other purpose is a violation of our copyright and other proprietary rights.
Translation: The content on Fusible are not property owned by you. As a result, you do not have the right to modify, share, stream, transfer or sell this stuff.
Data Storage in the U.S. and Export of Fusible Software. Fusible is based in the United States, and we make no representation that Fusible is appropriate or available for use in other countries. Those who choose to access Fusible from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and understand that information they provide to us will be sent out of their home country to the United States. Furthermore, the United States government places controls on exporting downloadable software into certain countries listed on the Office of Foreign Asset Control Sanction List. If you are in such a sanctioned country, or your name appears on the U.S.’s Specially Designated Nationals or Table of Deny Orders, then you may not download or use Fusible software.
Translation: Fusible is made for use in the United States. Fusible makes no promises about whether Fusible is appropriate for use outside of the United States.
Feedback. We are grateful for any ideas or feedback you provide to us about our products, but we need to maintain our rights to our intellectual property. Accordingly, please do not send us any original creative materials such as stories, character or program ideas or original artwork, unless we have specifically requested that you do so. Any unsolicited submissions received by us will be deemed our property. To the extent any part of your submission is deemed not to be owned by us, then you, and your parents or guardians if you are under 18, agree to assign to us any right, title and interest in and to the submissions and waive any “moral rights” you may have in the submission.
Translation: We love hearing your ideas about our properties, but before you send us anything, you must understand and agree that any ideas or concepts you voluntarily share with us become our property.
REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITIES. WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF Fusible FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
Fusible IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN.
YOUR USE OF Fusible IS AT YOUR SOLE RISK.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF Fusible, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED A TOTAL OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT WAIVE OR LIMIT OUR ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THIS AGREEMENT.
Translation: WE AREN’T PROMISING THAT Fusible WILL WORK PROPERLY OR THE WAY YOU WANT IT TO. USE Fusible AT YOUR OWN RISK. WE ARE NOT LIABLE IF YOU SUFFER ANY HARM THROUGH YOUR USE OF Fusible. THERE ARE MANY LIMITATIONS ON OUR LIABILITY IN THIS PART, SO WE PUT EVERYTHING IN CAPS TO SHOW YOU HOW IMPORTANT IT IS. EVEN THOUGH THERE’S PLENTY OF OTHER IMPORTANT STUFF IN THIS AGREEMENT AND WE DIDN’T PUT THE WHOLE THING IN CAPS. MAYBE WE SHOULD. WE’LL TALK ABOUT IT AND LET YOU KNOW.
Indemnification. You agree to indemnify, defend, and hold us, our parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of Fusible, Fusible Content, as well as your breach of this TOS. You shall use best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Translation: If you use Fusible and something bad happens because of it, neither Fusible nor anyone affiliated with us will be held responsible.
Choice of Law and Dispute Resolution. You agree that: (a) Fusible is solely based in Virginia, USA; and (b) Fusible’s availability in other locations shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Virginia. The TOS shall be governed by the internal substantive laws of the State of Virginia, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from Fusible shall be decided exclusively by arbitration taking place in person in Virginia pursuant to the commercial arbitration rules then in effect of the American Arbitration Association; provided that said rules shall be modified as follows: (a) a party seeking arbitration shall notify the other party in writing of any claim, and provide sufficient detail about the nature and history of such claim together with sufficient documentary evidence of such claim; (b) there shall be only one arbitrator with sufficient knowledge and experience in the field of intellectual property and software development, which shall be chosen by an independent third party mutually acceptable to both parties; (c) the arbitrator shall reasonably mitigate all costs of the arbitration, and shall at all times attempt to avoid undue costs and expenses to the parties; (d) the arbitration in its entirety (including discovery, preparation, hearings, motions, etc.) shall not exceed a total of fifty (50) hours total, and shall begin and conclude within one hundred and eighty (180) days of the date the party seeking arbitration of a claim provides notice of such claim; (e) the parties may discover each other’s documents in accordance with the Virginia Rules of Civil Procedure, provided such discovery is limited by the arbitrator in a manner to comply with the time and budget constraints set forth in subsection (d) and (e); and (f) the prevailing party in any arbitration brought under the TOS shall be entitled to recover from the other party its reasonable attorney’s fees and related costs of the arbitration, which fees and costs shall be included in and become part of the arbitration award. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.
Translation: If there is a dispute between you and Fusible and it can’t be resolved through direct conversations, you agree that it will be resolved by arbitration taking place in Salt Lake City, Virginia and following the specific rules set out above.
Links to Third Parties. As a service to you, we may provide links from Fusible to websites of third parties. Once you leave Fusible, we have no control over third parties and their respective websites, the content of those websites, or their terms of service. The same applies to links to third-party sites from other users.
Translation: Fusible is not responsible for anything that might happen once you leave Fusible, even if your leaving Fusible was because of a link on Fusible.
Updates to the TOS. From time to time and in our sole discretion, may modify the TOS. If we update the TOS, we will let you know by emailing you (if we have your email address), or by posting an announcement on Fusible. Your continued use of Fusible will indicate your consent to the revised TOS.
Translation: We update the TOS sometimes. When we do, we will put up a notice or email you about the changes.
Translation: This TOS is the only agreement between us. If we decide not to enforce part of it in certain situations, that doesn’t mean the rules have changed. You and Fusible are independent contractors. We can transfer the rights and obligations of the TOS but you cannot. The TOS will still be binding on anybody who takes over Fusible or takes over your life.
PO Box 11411
Burke, VA 22009