Terms and Conditions of Use Agreement
Read This Before Accessing
Effective Date: This Terms and Conditions of Use Agreement was last updated on March 28, 2007.
Welcome to www.Riderstv.com by Otane, Inc. Please read this Terms and Conditions of Use Agreement
(“Agreement”) completely and carefully before using the Riderstv.com (the “Site”). By using the Site, you express your unconditional
agreement to follow and be bound by this Agreement in its entirety. If you do not agree with any of the following Terms and Conditions of Use, please do not use this Site.
- Riderstv Services
Riderstv provides Members with video uploading and social networking services. The services offered by Riderstv.com (“Riderstv” or “we”) include the Riderstv.com website (the “Site”), the Riderstv.com Internet messaging service, video uploading and sharing service, and any other features, content, or applications offered from time to time by Riderstv in connection with the Site (collectively, the “Riderstv Services”). The Riderstv Services are hosted in the State of California in the United States of America.
- This Agreement
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Riderstv.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement of and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
- Permission for Use
Riderstv hereby grants you permission to use the Riderstv Site as set forth in this Agreement, provided that:
- your use of the Site is solely for your personal, noncommercial use;
- you will not copy or distribute any part of the Site in any medium without Riderstv’s prior written authorization;
- you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and
You are solely responsible for providing your own equipment for accessing the internet, including computer and modem, and for paying any fees in connection with obtaining internet access.
Riderstv reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Riderstv Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the Riderstv Services is void where prohibited. By using the Riderstv Services, you represent and warrant that
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you are 13 years of age or older; and
- your use of the Riderstv Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
- Term. You may terminate your Membership at any time, for any reason. Riderstv may terminate your Membership at any time, for any reason, without warning.
- Fees. You acknowledge that Riderstv reserves the right to charge for the Riderstv Services, and to change its fees from time to time in its discretion. If Riderstv terminates your Membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Riderstv immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Riderstv Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Riderstv. Illegal and/or unauthorized use of the Riderstv Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Riderstv Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Riderstv Services.
- Proprietary Rights in Content on the Riderstv Site
- User Submissions.
The Riderstv Site permits the posting and submission of text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) by you and other Users, and the hosting, sharing, and/or posting of such Content. You understand that whether or not such Content is published, Riderstv does not guarantee any confidentiality with respect to any submitted or posted Content. You understand and acknowledge that any Content you submit or post to the Riderstv Site may be redistributed through the internet and other media channels, and may be viewed, used and collected by the general public.
Riderstv does not claim any ownership rights in Content that you submit or post to the Riderstv Services. After posting your Content to the Riderstv Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use and license your Content.
- Grant of License.
By submitting, displaying, or posting any Content on or through the Riderstv Services, you hereby grant to Riderstv and its subsidiaries and successors, a royalty-free, non-exclusive, sub-licensable and transferable worldwide license to use, reproduce, distribute, modify, prepare derivative works of, publicly display and publicly perform such Content solely for and through the Riderstv Services in any media now known or hereafter developed.
You also hereby grant each User of the Riderstv Site a royalty-free, non-exclusive, limited license to access your Content through the Riderstv Site, and to use such Content as permitted through the functionality of the Site and under this Agreement.
These licenses will terminate at the time you remove your Content from the Riderstv Services. These licenses do not grant Riderstv or its Users the right to sell your Content, nor does the license grant Riderstv or its Users the right to distribute your Content outside of the Riderstv Services.
- User Warranties and Representations:
You shall be solely responsible for the Content you submit or post in connection with the Riderstv Services and the consequences of posting or publishing them. You represent and warrant that:
- you own the Content submitted or posted by you on or through the Riderstv Services or otherwise have the right to grant the license set forth in this section; and
- you own or have the necessary licenses, rights, consents and permissions to use and authorize Riderstv to use the Content submitted or posted by you on or through the Riderstv Services, and that such use does not and will not violate the privacy rights, publicity rights, trade secret rights, patents, copyrights, trademark rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted or posted by you to or through the Riderstv Services.
- the Content submitted or posted by you on the Riderstv Site or through the Riderstv Services does not contain
- falsehoods or misrepresentations that could damage Riderstv or any other person;
- unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive material;
- material that encourages or promotes conduct that would be considered a criminal offense, or would violate any law, such as gambling, drug dealing, harassment, and stalking;
- material that could give rise to civil liability, such as material that impersonates another person in violation of that person’s privacy rights or publicity rights;
- material that advertises or solicits Users to buy or sell products or services or involves other commercial activities and/or sales without the prior written consent of Riderstv;
- material that promotes the unauthorized copying or distribution of another person’s copyrighted work; and
- personally-identifying information of others or solicitations for such information for commercial or unlawful purposes.
- Prohibited Content and Activity
- Riderstv reserves the right to investigate and take appropriate legal action against anyone who, in Riderstv’s sole discretion, violates this Agreement, including without limitation, removing the offending communication from the Riderstv Site and terminating the Membership of such violators. To report illegal, harassing, or offensive material or activities, please contact:
- Riderstv prohibits any and all criminal or tortious activity in connection with its services, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets. Riderstv further prohibits the posting and of submission of Content described in section 7e(iii) of this Agreement.
- Riderstv does not permit the use or launch of any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Riderstv servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser. Collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or other purposes is strictly prohibited. Unauthorized framing of or linking to the Riderstv Site is also prohibited.
- Riderstv does not permit Users to solicit, for commercial purposes, other Users of the Riderstv Services with respect to their posted or submitted Content or transmissions. Riderstv prohibits the transmission of any chain, junk, or bulk emails by and through the Riderstv Services for solicitation or other purposes.
- Riderstv does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Riderstv will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner and believe that any posted Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Riderstv’s designated Copyright Agent to receive notifications of claimed infringement is:
1223 W Carson Street
Torrance, California 90502
By Email: email@example.com
- The Riderstv Services and the Riderstv Site contain Content of Users and other Riderstv licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on Riderstv Site or through the Riderstv Services.
- Riderstv does not permit circumvention, disabling or other interference with the security related features of the Riderstv Site, or features that prevent or restrict use or copying of any Content. Riderstv further prohibits the imposition of any limitation on the use of the Riderstv Site or the Content therein.
- User Disputes
You are solely responsible for your interactions with other Riderstv Users. Riderstv reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Riderstv’s Intellectual Property
- All content created for and by Riderstv (collectively “Riderstv Content"), including site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright, trademark, patent, trade secret, and other laws, and Riderstv owns and retains all rights in the Riderstv Content and the Riderstv Services.
- Riderstv hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Riderstv Content (excluding any software code) solely for your personal use in connection with viewing the Riderstv Site and using the Riderstv Services. Any other use of the Riderstv Content without the prior written permission of an authorized officer of Riderstv is strictly prohibited.
- Riderstv™ and Riderstv.com™ are proprietary marks of Riderstv. Riderstv’s trademarks may not be used in connection with any product or service that is not provided by Riderstv, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Riderstv.
- User-Posted Content
- You shall be solely responsible for the Content you submit or post in connection with the Riderstv Services and the consequences of posting or publishing the Content. You understand that Content is not necessarily reviewed by Riderstv prior to posting, and that Riderstv cannot control what Content is submitted or posted by its Users.
- Riderstv assumes no responsibility for monitoring the Riderstv Site for inappropriate Content or conduct. If at any time Riderstv chooses, in its sole discretion, to monitor the activity and Content of the Site, Riderstv assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- Riderstv may, without prior notice, delete any Content that, in the sole judgment of Riderstv, violates this Agreement or which may be harmful, offensive,or illegal, or violate the rights or threaten the safety of any person. Riderstv may also, without prior notice and in its sole discretion, delete any Member profile, including any Content therein, and/or terminate a User’s access to the Riderstv Site.
- Third Parties: Links, Advertising and Websites
- The Riderstv Site may include authorized advertisements and/or links to other sites on the Internet that are owned and operated by online merchants and other third parties. Riderstv’s authorization and placement of such links and advertising constitute neither an endorsement nor a recommendation of those third parties. In addition, Riderstv’s use of third parties’ trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Riderstv.
- Disclaimer of Warranties and Liabilities
- The Riderstv Site and Riderstv Services are provided by Riderstv on an “as is” and on an “as available” basis. Riderstv makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, availability or otherwise.
- You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable on the Riderstv Site. Riderstv makes no representations or warranties as to the accuracy or reliability of the Content or any material or information posted by Users. Riderstv expressly disclaims any and all liability in connection with such Content.
- Riderstv makes no representations or warranties as to the accuracy or reliability of the product specifications and other information provided by online merchants and other third parties. To the fullest extent permitted by applicable law, Riderstv disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.
- Limitation of Liability
RIDERSTV SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, RIDERSTV SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RIDERSTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDICTIONS.
You agree to indemnify, defend and hold Riderstv, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Riderstv Site, your violation of this Agreement, or any infringement or violation by you, or another User of the Riderstv Site using your computer, involving the intellectual property rights or any other rights of any person or entity.
- Modification and Interruption
Riderstv reserves the right to modify or discontinue the Riderstv Site and Services with or without notice to you. Riderstv shall not be liable to any User or any third party should Riderstv exercise its right to modify or discontinue the Service. Riderstv shall have no liability for any interruptions in the use of this website. You acknowledge and accept that Riderstv does not guarantee continuous, uninterrupted or secure access to our website, and that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Governing Jurisdiction
of the Courts of California
If any provision of this Terms and Conditions of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms and Conditions of Use Agreement and any other agreements referenced herein may be assigned by Riderstv, in our sole discretion, to a third party in the event of a merger or acquisition.
- Integration and Interpretation
This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us and in relation to your participation as a Member or User of Riderstv Services. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or of any amendments to this Agreement. Captions are to be used for reference purposes only and should be ignored in the interpretation of this Agreement.
- Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Agreement. In any case, you affirm that you are over the age of 13, as the Riderstv Site and Riderstv Services are not intended for children under 13.
Please contact us at firstname.lastname@example.org with
any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.