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Terms of Use

It is very important that you (and your parents, if you're under 18) review the following rules so that you know what you can and cannot do on xivioworld.com or other sites owned and operated by Bubby4j, Use of the site will be deemed acceptance. If you are not 18 years of age, have your parents review these Terms of Use and help you register. By registering you represent that your parents have joined in this agreement.
PARENTS: If you have not joined in your child's agreement to these Terms of Use, please contact us at: . Parents are advised to exercise supervision over their children's on-line activities.

This agreement ("Agreement" or "Terms of Use") between you and Bubby4j, ("Bubby4j") sets forth the terms and conditions which apply to the use by you of xivioworld.com ("Xivio" or "Site") or other sites owned and operated by Bubby4j and any other product or service offered by Bubby4j for use, subscription or sale (collectively, "Services"). Subject to the terms and conditions below, and your acceptance of them, Bubby4j agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Services and related software for your personal (or household) non-commercial use by any machine(s) of which you are the primary user ("Limited Licensee"). Without limiting the forgoing, you agree not to use the contents of Services for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by Bubby4j or otherwise violate the singlecomputer, non-commercial display and use Limited License granted hereunder.

If you do not understand and accept the provisions, do not use the Services. Your use of the Services shall be deemed to constitute your acceptance of this Agreement and all of Bubby4j's rules and restrictions related to the Services, as they may change from time to time.

Basic Summary:

1. At any time we may deem content unacceptable and remove it from the site at our discretion.

2. All Bubby4j user profiles, character actions and content in or on the chat boxes and message boards are created by our users and not by Bubby4j. If you post nasty, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content we have the right to delete it from the site without notice and to freeze or close your account. This rule also applies to inappropriate Xivio names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions or otherwise inappropriate. We can see your messages, so keep it clean and friendly! Xivio should be a clean and fun place for everyone. Do not abuse the chat functions by "spamming" (posting the same message many times) or using them to make "party boards" - this can result in warnings or a frozen account, too! Finally, if you ask for another user's password or personally identifiable information, for any reason, your account can be frozen or terminated. If you see anything inappropriate on the site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please e-mail us immediately at: .

3. By creating a Xivio avatar, by chatting in message rooms and posting on message boards, or sending us comments you are agreeing that Bubby4j can use your avatar and/or content elsewhere on our Services, in our advertising, or in any media (now or hereafter known), throughout the universe and forever (including, without limitation, in connection with websites, television programs, motion pictures, games, merchandising and advertising), without a royalty or payment of any kind to you. So, this means we can use your character and information however we want for as long as we choose.

4. By submitting any other material to us, you (and your parents) are automatically granting us permission to use those materials for free in any manner we can think of forever throughout the universe. These materials must be created ONLY by the person submitting them - you cannot submit someone else's work.

5. You understand that Bubby4j will oversee chat rooms and filter content, but it is the parent or legal guardian's responsibility to enable such filters. You understand that bad people can use chat functions and that chat rooms can be dangerous places if you do not use caution and good sense. You agree not to give out any personal information including your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information and not to ask for personal information from other members. Use common sense and follow Xivio Rules (click to link to safety policy)!

6. If you steal Objects or vio from other members, cheat on any of our games, use any hacking scripting or editing programs in Xivio, violate Xivio Rules (click to link) or break the law, we will freeze or terminate your account, or if appropriate, report you to the Police!

7. No one from Bubby4j will ever ask you for your password so do not EVER give it out. If someone does, please e-mail us at: .
8. Xivio Staff (known as Guardians in the virtual world) are experienced users who may be able to help you find your way around Xivio. However, Guardians are not employees or representatives of Bubby4j. Please use the same care in dealing with Guardians as you do with other users. If you have concerns about abuse in Xivio please contact us at: .
Following is the "Long Version" of the Bubby4j Terms and Conditions:

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Lawful Use:

Xivio is intended for U.S. residents located in the fifty states and the District of Columbia. You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in Xivio, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement, Xivio Rules (click to link) and any additional terms, conditions, rules or procedures imposed by Bubby4j or by third-party content providers in connection with third-party content, software or services available on or through the Services.

Rights:

The content of the Services includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Services are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Bubby4j owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Bubby4j. Third-party content providers (other than users) own the copyright in content that is original to them. All trademarks and service marks appearing on the Services are the property of their respective owners, including, in some instances, Bubby4j. All rights are reserved. Use of any of our trademarks, service marks or names as "metatags" on other websites is prohibited. You may not display our Services or content in frames or "in-line links" without express written permission from Bubby4j (e-mail requests to ).

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Services, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of Bubby4j and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services. You can display your personal Xivio avatar on your own personal web pages for your noncommercial and personal use ONLY, as long as you write "Copyright 2012 Bubby4j, All Rights Reserved. Used With Permission" on EVERY page with our pictures and/or text and you link directly to us.

Bubby4j does not solicit submissions, creative materials, ideas or suggestions other than those Bubby4j specifically requests. Any communications or materials you transmit to Bubby4j by electronic e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary. You hereby unconditionally and irrevocably transfer and assign to Bubby4j, its parent company and/or its affiliates, subsidiaries, successors, assigns and licensees, in perpetuity, the royalty-free right and license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display and otherwise exploit the material you send to Bubby4j, in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by Bubby4j, its parent company and/or its affiliates and their affiliates, subsidiaries, successors, assigns and licensees, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit.

You agree that all purchases from Xivio are final. No refunds will be given, except in our sole and absolute discretion. You agree that all Xivio vio, apartments and props will be forfeited if your account is terminated for any reason. Further, in Bubby4j's sole discretion, Xivio accounts that are either unused or have been used only once for a period greater than six (6) months will be terminated.

You agree that any purchase from Xivio is a purchase of a subscription service and that you have no property interest in Xivio.

Usage Rules:

You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Services and then only for the purposes consistent with the Limited License and these Terms of Use. You agree not to, or to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services; not to data mine the Services and not to in any way cause harm to or burden the Services. You agree that you will not post on or transmit through the Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail or chat, without Bubby4j's express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Bubby4j with respect thereto. You further agree not to use the Services, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. You agree not to use the Services in any way that abuses, defames, stalks, annoys, threatens or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized) or to post, publish, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful matters, including, without limitation, information, topics, names or other material.

Without limiting the generality of the forgoing, you agree to read and strictly follow our User Code of Conduct Guidelines known as the Xivio Rules (click to link to safety policy), which are incorporated herein by reference.

Always use caution and common sense when using the Internet, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. Bubby4j does not control or endorse the content, messages or information found in user submitted portions of the Services or external sites that may be linked to or from the Xivio and, therefore, Bubby4j specifically disclaims any responsibility with regard thereto. Guardians are Service users, like you, and not employees or representatives of Bubby4j, so caution and common sense should be used both in their presence and absence.

Additions and Changes:

You agree to review this Agreement on at least a weekly basis to be aware of Changes (as defined herein). Our employees cannot change the terms of this Agreement except as posted on these Services. Bubby4j has the right, at any time, to:

(a) add, change or discontinue any aspect or feature of the Services, including, but not limited to, content, financial terms, availability and equipment needed for access or use;
(b) impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or
(c) to impose, change or modify the terms and conditions of this Agreement ("Changes"). Such Changes shall be effective immediately upon notice by posting the Changes on Bubby4j's Services or by any other method of notice Bubby4j deems appropriate. Any use of the Services by you after notice of the Changes, constitutes acceptance by you of such Changes.

Disclaimers; Limitations; and Waivers of Liability:

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND 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 NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THIS AGREEMENT WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER Bubby4j NOR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

Bubby4j MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND NEITHER Bubby4j NOR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER Bubby4j NOR ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER Bubby4j NOR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Bubby4j OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL Bubby4j NOR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, DISTRIBUTORS OR LICENSEES BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID Bubby4j.

YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.

All local and federal laws will supersede this agreement.

PRIVACY POLICY

You agree that Bubby4j shall have the right, but not the obligation, to monitor the content of the Services and the use of Services by you and other users (including, without limitation, by chat session logs) to determine compliance with this Agreement and for any other purpose deemed appropriate by Bubby4j and further that Bubby4j may use the information gathered during such monitoring for any purpose deemed appropriate by Bubby4j to the extent permitted by law and our Privacy Policy (click to link), which is incorporated herein by reference. You further agree that, subject only to Bubby4j's Privacy Policy (click to link), as it may change from time to time, personal data provided by you to Bubby4j may be used, to the extent permitted by law, for any purpose Bubby4j deems appropriate. You acknowledge that you understand that when you disclose personal information (e.g., user name, e-mail address) on the Services, that information can be monitored, collected and used by others and may result in unsolicited messages from other users or other third parties and that Bubby4j cannot control such monitoring, collection and use. If you object to our sharing of your personal information, you may opt out as more fully explained in our Privacy Policy (click to link) and Opt-Out Notice (e-mail the heading "OPTOUT" to: ).

Editing/Blocking:

You agree that Bubby4j, in its sole discretion, shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on the Services, for any reason whatsoever, including, without limitation, if Bubby4j considers that the material constitutes or promotes gambling or any illegal activity, or if Bubby4j considers the material to be pornographic, sexually explicit, lewd, lascivious, filthy, violent, harassing, in violation of Xivio Rules (click to link to safety policy) or otherwise objectionable. Notwithstanding the foregoing, you shall remain solely responsible for the content of material you upload, post or otherwise make available on the Services. Furthermore, you acknowledge that the Services may not be monitored and that you do not rely on Bubby4j to monitor or edit the Services and that the Services may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.

External Locations / Linking:

The Services may contain links to external locations (e.g., other websites, etc.) and the ability to access external portions of the Internet. You agree that Bubby4j is not responsible for the availability of these external locations or the content thereon, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Bubby4j shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Bubby4j. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster and to

Bubby4j hereby grants you a non-exclusive, limited licensee, revocable at Bubby4j's discretion, for you to link to xivioworld.com home page from any site that is not commercially competitive to Bubby4j and does not criticize or otherwise injure Bubby4j, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. All of Bubby4j's rights and remedies are expressly reserved.

Indemnification:

You agree to defend, indemnify and hold harmless the owner of this website, and its and their subsidiaries, affiliates, directors, employees, agents, attorneys, distributors, third-party content providers, licensees and licensors from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

Equipment:

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto.

Governing Law:

This Agreement and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the United States and the State of Florida governing contracts entered into and to be fully performed in Florida (i.e., without regard to conflict of laws provisions) regardless of your location. You acknowledge that the rights granted and obligations made hereunder to Bubby4j are of a unique and irreplaceable nature, the loss of which shall irreparably harm Bubby4j and which cannot be replaced by monetary damages alone so that Bubby4j shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). You agree that any suit, action or proceeding arising out of or relating to this Agreement or any of the transactions contemplated herein or related to the Services or any contests or services thereon (including without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association ("AAA"); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, Bubby4j may bring an action in any court of applicable jurisdiction to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable from a court to enforce the provisions these Terms of Use or to enforce the decision of the arbitrator. The arbitration shall be held in Miami, Florida. The arbitrator shall apply the substantive laws of the State of Florida, shall issue a written decision, and shall have the power to award any legal remedies consistent with this Agreement except for punitive, exemplary or special damages. The parties will split the arbitrator's fee. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

Miscellaneous:

Bubby4j operates and controls the Site from its offices in the United States. Bubby4j makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all service-related materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise) obtained from the Services, Bubby4j or any other website or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Bubby4j if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. This Agreement contains the entire understanding of you and Bubby4j, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except by a writing signed by an authorized signatory for Bubby4j. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. 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. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Complaints or Notices:

Bubby4j takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material that is or was on our Services infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please refer to our Complaint Policy included as part of Xivio Rules and Safety Policy (click to link to safety policy).

For all other correspondence and complaints of a non-legal nature, please e-mail:

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Last updated: July, 2012.