Terms of Use Agreement
Acceptance of Agreement
Permitted Uses
Copyright
Trademark
Patents
Public Forums & Communication
Submissions
Legal Info
Terms of Use Agreement
Acceptance of Agreement
Welcome to Merillian.com. By using, accessing, or viewing Merillian.com directly, via an RSS feed, or any other method, you are agreeing to comply with and be bound by the following terms and conditions of use which—together with our Privacy Policy—govern Merillian LLC’s relationship with you in relation to this website. If you do not agree to these terms, you should not use this site or access, view, or use Merillian "Site" content. "The Merillian Site," the "Merillian Website," "Merillian.com," the "Merillian Blog," "Merillian's Web Site," or the "Site" refer to any material or content on the Merillian web site, blog, or RSS feed. The term “Merillian,” "Merillian, LLC," "Merillian Games," “us” or “we” refers to Merillian, LLC. The term “you", "reader," "viewer," or "user" refers to the user or viewer of our website.
By using, accessing, or viewing this Site, you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement, along with our Privacy Policy, constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. A special section of our Priacy Policy addresses additional provisions that apply to the collection of information from children under the age of 13. Please read this policy before using the Merillian web site or permitting your children to use our Site.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes—but is not limited to—the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites and content of 3rd parties. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), nor for the Terms of Use, security, or Privacy Policies of the linked site(s).
- You may not create a link to this website from another website or document without Merillian's prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the state of Washington.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Unless otherwise specified, its content and materials are copyright Merillian, LLC, all rights reserved. This includes, but is not limited to, all text, artwork, photos, illustrations, logos, design, code, files/documents, interaction design and layout. You are permitted to copy, download, or print for your personal (non-commercial) home use only, as long as you do not delete or change any trademark, patent, copyright, or other notices. Any other use of material from this site is prohited without prior written permission from Merillian. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except with written permission by Merillian, LLC, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Some XHTML/CSS courtesy freecsstemplates.org.
Some web icons courtesy of FAMFAMFAM.
Flibbix Photo Gallery uses the (oh, so cool) LightBox2 gallery by Lokesh Dhakar. More info on Lightbox2
Flibbix Puzzler game based on Apple's Puzzler sample. See Puzzler HTML and CSS source for license info.
Merillian Blog feed scroller based on Google AJAX Search & Feed Wizard
Scrolling quotes feed courtesy of Sharon Paine
Trademarks
The following are trademarks or registered trademarks of Merillian, LLC. All rights reserved: Merillian; Merillian Games; Flibbix; Flibbix Super Set; Board Blender; Rule Roundup; Build a Boardgame!; Breaking the Rules was never this much fun!; Make your own Rules; Build it. Play it. Twice the Fun!; Roll Reversal; Zap!; Super Zap!; Tile Flip; Tile Swap; Super Flip; Super Swap; Rocket Ahead; Custom Tile; Custom Card; Slow Lane; Fast Lane; Odd or Even?; Which Way?; Fast Pass. iPhone and iPod Touch trademarks of Apple, Inc. Other product and company names mentioned on the Site are trademarks of their respective owners.
Patents
Flibbix and related concepts are patent pending in the US and internationally.
Public Forums and Communication
If public forums, blogs, or other online means of communication and collaboration are available on the Merillian.com website, you must be 13 years of age to use these features or must have the approval of a parent. Users wishing to post on the site's Message Boards, Forums, or blog must register for these services (free of charge) in order to post messages, although they needn't register to visit the site. During registration the user is required to supply a username, password, and email address. No personally-identifying information should be submitted by you including physical address, your name, phone number, etc.—especially if the user is under the age of 13.
Submissions
We are always pleased to hear from our visitors regarding our products and services. Unfortunately, our company policy does not allow us to review, consider, or accept unsolicited creative ideas, suggestions, or materials. The intent of this policy is to avoid the possibility of misunderstandings when projects developed by us, or under our direction, could seem to others to be similar to their own creative work. Please do not send any new games, ideas, sketches, descriptions, creative ideas, product names, materials, etc.
If we solicit specific Submissions (such as, but not limited to, Flibbix custom rule ideas, Flibbix game board layout designs, Custom Card action ideas, or Custom Tile action ideas) through features or activities on Merillian websites or elsewhere (including, but not limited to, public forums, blogs, features, activities, games, or contests), only persons 13 years or older are eligible to send submissions. Persons under the age of 13 will need to have a parent submit in their stead. In submitting any Submission via e-mail, a post, or any other form, you give us (and our licensees, distributors, agents, representatives and any other authorized agents) unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from—or payment to—you or to any other entity, company, or person. This applies to both solicited and non-solicited submissions. If there is ambiguity about whether any user-generated content constitutes a Submission, such content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of use, or obligation of confidentiality on our part. We shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and any other authorized agents)—without the requirement of any permission from, or payment to you or to any other person or entity—a perpetual, non-exclusive, irrevocable, fully-paid, sub-licensable, royalty-free, and transferable worldwide license to use, change, reproduce, re-use, transmit, print, publish, display, exhibit, (re-)distribute, copy, post, host, store, cache, archive, index, categorize, comment on, edit, or modify. For example, submissions could be (but are not limited to being) published on the Flibbix Board Blender™ or Flibbix Rule Roundup™ web pages, used in Merillian promotional materials, sold individually and/or as part of a product, or used in any other way with no restrictions—commercial or otherwise—and with no compensation or obligation to the provider of the submission(s).
Privacy Policy
Committed to your Privacy
This site is owned by Merillian, LLC and operated by Merillian and its partners. Your privacy on the Internet is of the utmost importance to us. We want to make your experience online both satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it. A special section of this policy addresses additional provisions that apply to the collection of information from children under the age of 13. Please read this policy before using the Merillian web site or permitting your children to use our Site.
What information is collected on this site?
Merillian, LLC gathers three types of information about users:
1) Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards, blogs, or forums, to email a friend, and from participation in polls and surveys:
a) Polling: We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. Merillian, LLC may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
b) Surveys: Merillian, LLC may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with partners. We never share any of this information about specific individuals with any third party.
2) Information Merillian LLC gathers through aggregated tracking information derived mainly by tallying page views throughout our sites, or by analyzing log files. These are records of activity to administer the site, analyze trends, track traffic or movement and other broad types of information for general use. The kinds of information we collect in the log files include: how many people visit our site, which pages are visited most often, which ISPs visitors come from, which browers users or operating systems are used, search term(s) which directed user to the site, and time and/or date of visit. This information allows us to better tailor our content to users' needs. Under no circumstances does Merillian, LLC divulge any information about an individual user to a third party.
3) Cookies: We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can not read data off your hard disk or read cookie files created by other sites. Merillian.com may use cookies to track user traffic patterns (as described above). A cookie may enable the site to load more quickly on subsequent visits, or to track a user's path for security purposes.
You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, your usage of the site may be limited in certain areas.
How does Merillian use information collected on this site?
Merillian, LLC uses any information voluntarily given by our users to enhance their experience on the Site, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide to enable users to participate in polls, surveys, message boards, blogs, and/or forums. Merillian, LLC never shares mailing lists with any third parties, including advertisers, sponsors or partners.
When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas, we do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We may track search terms entered in Search function as one of many measures of what interests our users. But we don't track which terms a particular user enters.
Merillian, LLC creates aggregate reports on user demographics and traffic patterns for our partners or to improve the Site. This allows our users to receive content that is pertinent to their needs. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Sharing of Information
Merillian, LLC uses the above-described information to tailor our content to suit your needs. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Security
Merillian, LLC operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Our store uses industry-standard Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our site, and adopts careful internal procedures to safeguard this information in our system.
Opt-out Policy
We give users options wherever necessary and practical. Such choices include:
- Opting not to register to receive our electronic newsletters.
- Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users.
Special Provisions applicable to Children under 13
Although the Merillian website is a general audience site, some of our products and online activities may appeal to children under 13. Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request Personally Identifiable Information from anyone under the age of 13 without requesting parental consent.
Merillian makes an effort to minimize the Personal Information (first and last name, phone number, e-mail address, address, etc.) that it knowingly collects from children under 13 and attempts to limit information knowingly collected to non-Personal Information (such as screen name or alias, gender, postal code, etc.). Unless we have obtained parental consent to use Personal Information for some other purpose, Personal Information knowingly collected from Children is used only for the purpose for which it was collected (for example, to respond to the child's request or notify a contest winner). Personal Information should not be submitted to Merillian by the User if under the age of 13 without the consent of a parent or legal guardian. No more information is collected than necessary for your child to participate in these activities, and the information collected is deleted when no longer needed for such purpose. Unless we obtain parental consent to disclose Personal Information to 3rd parties, we will not share Personal Information about Children with anyone other than the service providers, agents, partners, and consultants who assist Merillian with operation of the Site or providing and/or administering the activities, products, contests, or services offered on the Site (such as delivery or fulfillment companies, credit card processors, etc.). If Merillian.com has collected any Personal Information about a child, upon proper identification, parents or legal guardians may request deletion of, or refuse to allow further collection or use of the information.
Usage tracking: The Merillian web site tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. The site does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).
Merillian.com may track and catalog the search terms that users enter in our Search function or which are used to reach our site, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
Cookies: We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Merillian.com may use cookies to track user traffic patterns (as described above).
You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.
Information collected in the Merillian Online Store
To use the Merillian.com Online Store, users must be over the age of 18 with a valid credit card. When a customer places an order, we collect information associated with the transaction, which includes the customer's name, mailing address, shipping address, product(s) ordered and quantity, and credit card number and information. We ask for this information so that we can fulfill the order.
Customers may have the option of registering certain information for future orders when completing their online order. For customers who choose to register, we capture their name, login name, password, and mailing address, alternate ship-to addresses, and credit card information.
When registered customers return to the site to place future orders, they can identify themselves with their login name and password. If a customer includes a child's birth date and/or e-mail address, this information will only be used to help us provide products and services that meet customer needs.
When a customer places an order online, we will send a confirmation e-mail. We may also provide an "opt-in" opportunity to receive periodic messages about a promotion or information that may be of interest to our customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference on the online store order form. If you do receive an e-mail from us that you would rather not receive, simply follow the "unsubscribe" instructions included in the e-mail.
We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our site, and adopt careful internal procedures to safeguard this information in our system.
Who can I contact with questions about this site or use of this site?
If you have questions about Terms of Use, Privacy Policy, or other information about this Site or use of it, you can contact Merillian, LLC. via e-mail, US Mail, or telephone:
E-mail: info@merillian.com
Merillian, LLC
Consumer Services
PO Box 207
Duvall, WA 98019
Phone: +1.425.788.9955
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