General Use of the Program — Permissions and Restrictions
The Company hereby grants you permission to access and use the Program as set forth in these Terms of Service, provided that:
Your Use of Content
The Company develops and maintains a network of content creators and advertisers and owns related technologies that facilitate the distribution of content from participating content creators and provides links to advertising content from participating advertising partners. The Company makes, or may make, the Company Program available to the public through one or more channels. These channels include but are not limited to the following: via the Site, software applications, mobile applications, plug–ins, blogs, media search engines, toolbars, games, components or downloadable code, and other viral online mediums such as peer–to–peer networks, file sharing, instant messaging and email of the Company and the Company’s distribution partners.
You agree not to alter or modify any part of the Program.
You agree not to access Content through any technology or means other than the Site of the Program itself or other explicitly authorized means the Company may designate.
You agree not to use the Program for any of the following commercial uses unless you obtain the Company’s prior written approval:
— the sale of access to the Program;
— the sale of advertising, sponsorships, or promotions placed on or within the Program or Content; or
— the sale of advertising, sponsorships, or promotions on any page of an ad–enabled blog or website containing Content delivered via the Program.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Program. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Program, nor to use the communication systems provided by the Program (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Program with respect to their Content.
The Company reserves the right to discontinue and/or change any aspect of the Program at any time including but not limited to: site functionality, features etc.
The Company hereby grants you permission to access and use the Program as set forth in these Terms of Service, provided that:
Your Content and Conduct
The Content on the Program, and the trademarks, service marks and logos (“Marks”) on the Program, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Program and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by the Company on the Program for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Program and the Content.
You agree not to circumvent, disable or otherwise interfere with security–related features of the Program or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Program or the Content therein.
You understand that when using the Program, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Program.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Company’s Rights
As an account holder you may submit Content to the Program, including user comments. Submitting content to the Program may include but not limited to uploading directly to the site, uploading through mobile applications, imported from third party websites etc. You understand that the Company does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Program. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Program pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Company, you hereby grant the Company a worldwide, non–exclusive, royalty–free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with the Program and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Program (and derivative works thereof) in any media formats and through or into any media channels. You also hereby grant each user of the Program a non–exclusive license to access your Content through the Program, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Program and under these Terms of Service. The above licenses granted by you in Content you submit to the Program terminate within a commercially reasonable time after you remove or delete your Content from the Program. You understand and agree, however, that the Company may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Program will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
You further agree that you will not submit to the Program any Content or other material that is contrary to the Company Code of Conduct or act in violation of the Code of Conduct, currently found at http://redgage.com/terms#codeOfConduct which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations
The Company does not endorse any Content submitted to the Program by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Program, and the Company will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Company reserves the right to remove Content without prior notice.
If you grant the Program access and permission to integrate with your accounts and your data on third party websites, the Company will have the right to act on your behalf in accordance with the specific permissions you gave the Program through the different technical methods provided to you by the Company.
If you grant the program access and permission to integrate with your accounts and your data in third party web sites the Company will not be responsible for any kind of damage including and not limited to: damage to your digital presence on the Company or to your digital presence on the third party websites, any third party website actions which has any direct or indirect impact on you, or any other third party action that might have direct or indirect impact on you.
You acknowledge that the Company has no obligation to monitor your access to or use of the Site, Program or Company Content or to review or edit any Content or third party materials, but has the right to do so for the purpose of operating the Site and Program, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, third party materials, and any Content, that the Company, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Program.
The Company reserves the right to limit or restrict at any time the size or volume of uploading Content as well as set a limit to the number of total Content uploads a user may have on the Company.
Without limiting any other provision of this agreement, the Company reserves the right to take the actions described in this Section 8.
Sweepstakes and Contests
If the Company has reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this agreement or provided any incorrect information, the Company may take various actions to protect the Company, a user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions the Company may take include but are not limited to the following:
— The Company may close, suspend, or limit your access to your account or the services (such as limiting access to any of your payment sources, and your ability to send money, make withdrawals, or remove financial information);
— The Company may stop other users interactions with you on the site, stop comments and other functions related to you on the Site;
— The Company may contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
— The Company may update inaccurate information you provided the Company;
— The Company may refuse to provide its services to you in the future;
— and the Company may take legal action against you.
The Company may cancel any transaction if the Company believes the transaction violates these Terms or if the Company believes doing so may prevent financial loss. The Company may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
In order to prevent financial loss to you or to the Company, the Company may contact affected third parties (including other users), or law enforcement, and share details of any payments you are associated with, if the Company believes doing so may prevent financial loss or a violation of law.
The Company may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Program. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Program, as they may contain additional important information about the Company’s rights to and ownership of the submissions you make as part of the Promotions and as a result of the your participate in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
YOU AGREE THAT YOUR USE OF THE PROGRAM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THE PROGRAM AND YOUR USE THEREOF. The Company MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COMPANY’S PROGRAM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMPANY’S PROGRAM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE COMPANY’S PROGRAM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROGRAM. The Company DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROGRAM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD–PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING DAMAGES FOR LOST PROFITS, LOST BUSINESS OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, AND THE LIKE, EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT THE COMPANY HAS PAID TO YOU UNDER THESE TERMS OF SERVICE.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Program; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Program.
Code of Conduct
You agree not to do any of the following while using the Site, Program or Company Content:
— Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any third party materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
— Use, display, mirror, frame or utilize framing techniques to enclose the Site or Program, or any individual element or materials within the Site or Program, the Company’s name, any Company trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without the Company’s express written consent;
— Access, tamper with, or use non–public areas of the Site or Program, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
— Attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
— Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Site, Program or Company Content;
— Attempt to access or search the Site, Program or Company Content or download Company Content from the Site or Program through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Opera);
— Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
— Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without the Company’s express written consent;
— Use the Site, Program or Company Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
— Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Program or Company Content to send altered, deceptive or false source– identifying information;
— Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Program or Company Content;
— Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Program, including, without limitation, sending a virus, overloading, flooding, spamming, or mail–bombing the Site;
— Collect or store any personally identifiable information from the Site or Program from other users of the Site or Program without their express permission;
— Impersonate or misrepresent your affiliation with any person or entity;
— Violate any applicable law or regulation; or
— Encourage or enable any other individual to do any of the foregoing.
The Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Program security issues, to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service or the rights of any third party.