TERMS OF USE
Welcome to the RiotVideo.COM website (the “Site”). PLEASE READ THESE
TERMS OF USE (the “Terms”) CAREFULLY BEFORE USING THIS SITE OR ANY
SERVICES OR APPLICATIONS RELATED TO THIS SITE. This site is subject to the the
Terms, which may be updated by us from time to time without notice to you. In
addition, you shall be subject to any posted guidelines or rules applicable
to the Site which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into these Terms.
1. REGISTRATION
In consideration of your use of the Site, you agree to provide true, accurate
and complete information about yourself as prompted by the Site registration
or ordering process, provided that in connection with registration, you do not
need to, and should not, use your full or true name for your username. In addition,
you agree to update that information in order to maintain its truth, accuracy
and completeness. We may deny you access to the Site or reject your order in
the event that your information is untrue, inaccurate or incomplete. Unless
you cannot remember your username and/or password, you may only register once
for use of the Site.
2. LIMITED LICENSE TO SITE
You are granted the limited right to view and use the Site only for the purposes
of viewing or playing content such as films or games, placing product orders
or for accessing information and services. We reserve the right to suspend or
deny, in its sole discretion, your access to all or any portion of the Site.
If you violate these Terms, we may terminate or cancel your access rights to
the Site immediately without notice. We may also block your use of the Site.
We reserve the right at any time to modify or discontinue the Site or any part
thereof and you agree that we shall not be liable to you or to any third party
for any modification, suspension, or discontinuance of the Site or any part
thereof.
This license is limited to personal and non-commercial uses by you. Any rights
not expressly granted to you herein are reserved to us. No portion of this Site
is targeted to children, and any minor should seek consent of his or her legal
guardian before using this site. Unless you have received specific written permission
from us, you may not (a) "frame" or otherwise impose editorial comment,
commercial material or any information or content on, or in proximity to, content
displayed on the Site or (b) alter or modify any content on the Site. Without
limiting other restrictions, you agree not to reproduce, transmit, sell, or
otherwise exploit the Site for any commercial purpose.
Please be aware that we have created or may create in the future certain areas
on the Site that contain adult or mature content. You must be at least 18 years
of age to access and view such areas.
The Site may allow users to upload, post, and/or distribute user submitted content,
and use of the Site for this purpose is subject to the following conditions:
• You understand that all user feedback, data, comments, suggestions,
information, text, data, software, sounds, photographs, audio, audiovisual,
video, artwork, graphics, messages and other materials of any nature (“Materials”)
that are transmitted to or via the Site are the sole responsibility of the person
from which the Materials originated. This means you, and not us, are entirely
responsible for the Materials you transmit through the Site. Further, you understand
that by using the Site you may be exposed to Materials that are offensive, objectionable
or indecent.
• You shall not create a user name or screen name or upload to, distribute
through or otherwise publish through the Site any Materials which are libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful
of minors in any way, abusive, illegal or harassing, or contain expressions
of hatred, bigotry, racism or pornography, or are otherwise objectionable, or
that would constitute or encourage a criminal offense, violate the rights of
any party or violate any law or that you do not have a right to make available
under contractual or fiduciary relationships.
• Your Materials, user name and/or screen name will not disparage in any
manner RiotVideo.com, its owners, advertisers, products, or services and sites.
• Your Materials shall not infringe the copyright, trademark, publicity/privacy
right or other intellectual property right of any third party.
• You shall not upload to, distribute through or otherwise publish through
the Site any Materials that are directly or indirectly commercial in nature
or contain any solicitation of funds, promotion, advertising or solicitation
for goods or Site. You specifically acknowledge that soliciting other users
to join or become users or members of any commercial online web site or other
organization is expressly prohibited.
• You shall not upload to, distribute through or otherwise publish through
the Site any Materials that contain viruses or any other computer code, corrupt
files or programs designed to interrupt, destroy or limit the functionality
or disrupt any software, hardware, telecommunications, networks, servers or
other equipment.
• You shall not act in a manner that negatively affects other users’
ability to interact with the Site.
• You shall not collect or store personal data about other users.
You acknowledge that we do not pre-screen any Materials posted by you or other
users, but that we and our designees shall have the right (but not the obligation)
in our sole discretion to refuse or remove any Materials. Without limiting any
of our rights, we and our designees shall have the right to remove any Materials
that violate the Terms or are otherwise objectionable, as well as terminate
your access to the Site. You agree that we have no liability or responsibility
for the storage or deletion of any Materials that you or any other persons submit
or post. We reserve the right to change these general practices and limits at
any time in our sole discretion.
Unless you enter into a separate agreement with us, such as through the Contest,
we do not claim ownership in Materials you submit, however, by submitting Materials
in any form to us, in addition to other provisions of the Terms, you automatically
grant us, and our successors,
assigns, and licensees and parent, subsidiary and other affiliated entities
an exclusive, fully-paid, world-wide, royalty-free
license to publicly display, publicly perform, distribute, and reproduce the
Materials in any manner and in any medium, including, without limitation, through
physical copies such as still photos, videos, and CDs, by television by any
means, on or via the Internet, including, without limitation, the World Wide
Web, and any other two-way transmission control protocol / internet protocol
(TCP/IP) based distribution network or similar networks or technologies now
known or hereafter to become known, including, but not limited to, delivery
via such a network to personal computers, hand-held devices, and television
set-top boxes through telephone or cable lines, or wirelessly through broadband,
satellite, cellular or terrestrial broadcast networks and other similar networks
or technologies whether now existing or hereafter developed. You obtain no rights
in any form, media, or technology incorporating the Materials.
3. PRIVACY POLICY
Information that you submit is subject to our Privacy Policy. For more information,
see our full privacy policy at http://www.RiotVideo.com/privacy.php
. Your use of the Site is your consent to the Privacy Policy.
4. PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of YOUR password and
account, and are fully responsible for all activities that occur under your
password or account. You agree to immediately notify us of any unauthorized
use of your password or account or any other breach of security.
You acknowledge, consent and agree that we may access, preserve, and disclose
your account information and Material if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims
that any Materials violates the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect the rights, property, or personal
safety of us, our users and the public.
You understand that the technical processing and transmission involved in interacting
with the Site, including the transmission of Materials, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You understand that the Site may include security components that permit digital
materials to be protected, and use of these materials is subject to usage rules
set by us and/or content providers who provide content to the Site. You may
not attempt to override or circumvent any of the usage rules embedded into the
Site.
5. CONTESTS AND RATING CONTENT
From time to time, we may conduct contests in which we may award various prizes.
You agree that if you participate in any contest, you will abide by all the
rules and be subject to all the terms and conditions of such contest, in addition
to these Terms.
You agree that you shall only rate each individual instance of content on our
Site, such as videos, still pictures, flash animation, games and joke only once.
6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Materials. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
7. INDEMNITY
You agree to indemnify and hold us, E & B Advertising, affiliates, officers, agents,
partners and employees harmless from any claim or demand, including reasonable
attorneys fees, arising out of your content and materials, your use of the Site,
your violation of these Terms or your violation of any third party's rights
including such party's copyrights and trademarks.
8. DISCLAIMER OF
WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND
US, THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO
YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY
DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES,
WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS
OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE
EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED
INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION
IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET
ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
9. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE
SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS
BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU
MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.
YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT
RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER
ON THE SITE.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR
AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY
OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD
FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL,
OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE,
APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT
OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY OF
OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT
OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED
BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID
TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN
IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. LINKS; ADVERTISERS
The Site contains links to third party sites that are not under our control
and we not responsible for any content on any linked site. If you access a third
party site from the Site, then you do so at your own risk. We provide links
only as a convenience and the inclusion of the link does not imply that we endorse
or accept any responsibility for the content on those third party sites. Additionally,
your dealings with or participation in promotions of advertisers found on the
Site, including payment and delivery of goods, and any other terms (such as
warranties) are solely between you and such advertisers. You agree that we shall
not be responsible for any loss or damage of any sort relating to your dealings
with such advertisers.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that Materials will be retained by the Site, the maximum number of Materials
that may be sent from or received by an account, the maximum size of any Materials,
the maximum disk space that will be allotted to you, and the maximum number
of times (and the maximum duration for which) you may access the Site in a given
period of time. You acknowledge that we reserve the right to log off accounts
that are inactive for an extended period of time.
14. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary software used in connection
with the Service (“Software”) contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the Site or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by us or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Site or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in
any manner or form, or to use modified versions of the Software, including,
without limitation, for the purpose of obtaining unauthorized access to the
Site.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there
shall be no third party beneficiaries to this Agreement.
16. NOTICE AND AMENDMENTS
We may provide you with notices, including those regarding changes to these
Terms, by either e-mail, regular mail, or postings on the Site. Any use of the
Site or order by you after such updating shall be deemed to constitute acceptance
of such amendments, modifications, or new conditions. If you do not want to
be bound by an amendment, you will need to terminate your registration, if any,
and refrain from using the Site. Except as expressly stated otherwise, any notices
required or allowed under these Terms shall be given to us by email to: admin@riotvideo.com or as to a successor
address that we make available on the Site or through other reasonable manner.
If applicable law requires that we accept e-mail notices (but not otherwise),
then you may send us e-mail notice at admin@RiotVideo.com.
With respect to our notices to you, we may provide notice of amendments by posting
them in the Site and you agree to check for changes. Instead or in addition,
we may give notice by sending email to the email address you provide during
registration.
17. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the
same. We may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
us with the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that
you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
18. GENERAL INFORMATION
Entire Agreement. These Terms constitute the entire agreement between you and
us and govern your use of the Site, superseding any prior agreements. You also
may be subject to additional terms and conditions that may apply when you use
or purchase certain other services, affiliate services, third-party content
or third-party software.
Resolution of Disputes. You agree that any controversy arising out of or in
connection with our relationship, or a dispute with reference to these Terms,
their validity or effect will be governed by the laws of the state of Florida.
Any controversy arising out of or in connection with use of the Site or these
Terms, their validity or effect, will be conclusively determined by arbitration
in the City of Fort Myers in accordance with the rules of the American Arbitration
Association; provided, however, that such arbitration will be held before a
single arbitrator selected by the parties, which arbitrator must be well acquainted
with the digital entertainment Internet industry. You agree that any proceeding
that you may choose to bring against us will be initiated within six (6) months
after the alleged date of the event bringing rise to such dispute. You waive
any and all rights and benefits which you or we might otherwise have or be entitled
to litigate any such dispute in court, because it is your intention to arbitrate
all such disputes according to the provisions hereof. The arbitrator's decision
will be controlled by these Terms. Any such decision and accompanying award
will provide for each party, respectively, to bear its own costs of arbitration
and attorneys’ fees. The pendency of an arbitration, the proceedings,
any evidence or other material, and any award shall be maintained and remain
confidential, except that an award may be confirmed by a court of competent
jurisdiction if it has not been fully satisfied within 14 days of its issuance.
Waiver and Severability of Terms. Our failure to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and
the other provisions of these Terms shall remain in full force and effect.
19. VIOLATIONS
Please report any violations of these Terms to us at support@RiotVideo.com.
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