Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and personal information; (c) maintain and promptly update the Registration Data and any other information you provide to us, and keep it accurate, current and complete; (d) be fully and solely responsible for all use of your account, user ID or password; and (e) notify RAOVATRAOVAT.COM immediately of any unauthorized use of your account. RAOVATRAOVAT.COM will not be liable for any loss or damage for non-compliance. RAOVATRAOVAT.COM reserves the right to refuse the Service to any user.
Proprietary Rights in Site Content
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of RAOVATRAOVAT.COM with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Site's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
RAOVATRAOVAT.COM’s graphics, logos, designs, page headers, button icons, scripts and service names are registered or being registered trademarks, trademarks or trade dress of the Site in the U.S. and/or other countries. RAOVATRAOVAT.COM’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. RAOVATRAOVAT.COM’s trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of RAOVATRAOVAT.COM.
You understand that you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party -- including copyright, trademark, privacy, publicity or other personal or proprietary rights -- or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- act in any manner that is unlawful or could damage, disable, overburden or impair the Site;
- use automated scripts to collect information and/or data from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem, in our sole discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one member/user account or register for a member/user account on behalf of a company/individual other than your business/yourself;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers or credit card numbers, etc.;
- solicit passwords or personal identifying information for any purpose;
- upload, post, transmit, share or otherwise make available any material that contains any software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another member/user;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Site, or create a false identity on the Service or the Site; and
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Site, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Site or its members/users to any harm or liability of any type.
Member/User Content Posted on the Site
When you post Member/User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member/User Content on the Site. By posting Member/User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Site an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member/User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your Member/User Content from the Site at any time. If you choose to remove your Member/User Content, the license granted above will automatically expire, however you acknowledge that the Site may retain archived copies of your Member/User Content. RAOVATRAOVAT.COM does not assert any ownership over your Member/User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Member/User Content and any intellectual property rights or other proprietary rights associated with your Member/User Content.
We respect the intellectual property rights of others and we prohibit members/users from uploading, posting or otherwise transmitting on RAOVATRAOVAT.COM or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our RAOVATRAOVAT.COM Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. IF YOU DECIDE TO LEAVE THE SITE AND ACCESS THIRD PARTY SITES OR TO USE OR INSTALL ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, YOU DO SO AT YOUR OWN RISK AND YOU SHOULD BE AWARE THAT OUR TERMS AND POLICIES NO LONGER GOVERN. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF ANY SITE TO WHICH YOU NAVIGATE FROM THE SITE OR RELATING TO ANY APPLICATIONS YOU USE OR INSTALL FROM THE SITE.
RAOVATRAOVAT.COM pages are special profiles used solely for commercial, sponsor or charitable purposes. You may not set up a RAOVATRAOVAT.COM Page on behalf of another individual or entity unless you are authorized to do so.
RAOVATRAOVAT.COM DOES NOT PRE-SCREEN OR/AND CANNOT GUARANTEE THAT RAOVATRAOVAT.COM PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF RAOVATRAOVAT.COM PAGE. NOR IS RAOVATRAOVAT.COM RESPONSIBLE FOR THE CONTENT OF ANY RAOVATRAOVAT.COM PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY RAOVATRAOVAT.COM PAGE, INCLUDING HOW THE OWNER OF RAOVATRAOVAT.COM PAGE COLLECTS, HANDLES, USES AND/OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM MEMBERS/USERS IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A RAOVATRAOVAT.COM PAGE.
You are solely responsible for your interactions with other RAOVATRAOVAT.COM members/users. We reserve the right, but have no obligation, to monitor disputes between you and the other members/users.
The Site is not responsible or liable in any manner for any Member/User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by members/users, by RAOVATRAOVAT.COM, by third parties (including Online Content Providers) or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what members/users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Member/User Content or Third Party Applications, Software or Content. The Site is not responsible for the conduct, whether online or offline, of any member/user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member/User communications. The Site is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to member/user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Site be responsible for any loss or damage, including any loss or damage to any Member/User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any Member/User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND THE SPONSOR SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE SITE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SITE CANNOT GUARANTEE OR DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. THE SITE ALSO DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVER(S) OR ANY PLATFORM APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT THEREFROM.
The Site reserves the right to change any and all contents, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Site.
Limitation on Liability
IN NO EVENT WILL THE SITE OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE SITE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE DURING THE TERM OF SERVICE. YOU ACKNOWLEDGE THAT AFTER THE PROMOTION PERIOD IF THERE ARE NO FEES ARE PAID TO THE SITE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE STATED IN THE AGREEMENT.
The Site may terminate your usage, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
You agree to indemnify and hold the Site, its subsidiaries and affiliates, and their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member/User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to RAOVATRAOVAT.COM are non-confidential and shall become the sole property of RAOVATRAOVAT.COM. RAOVATRAOVAT.COM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definition and Construction
Unless otherwise specified, the terms “include", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
agreement between you and RAOVATRAOVAT.COM regarding the use of the Site and/or
the Service, superseding any prior agreements between you and RAOVATRAOVAT.COM
relating to your use of the Site or the Service. The failure of
RAOVATRAOVAT.COM to exercise or enforce any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision in that or any
other instance. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. If any provision of
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining