Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY WEBSITE SERVICES PROVIDED TO YOU BY ROSE LAW GROUP REPORTER INC. (“RLGR”) AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF RLGR’S LIABILITY AND DISCLAIMERS.
1. ACCEPTANCE OF TERMS
2. YOUR REGISTRATION OBLIGATIONS
3. PRIVACY STATEMENT
4. USER CONDUCT
5. SUBMITTED/UPLOADED CONTENT
6. SOCIAL NETWORKING AND FORUMS
7. RESPONSIBILITY FOR MINORS
8. RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
9. COMMERCIAL USE
10. ACCESS AND INTERFERENCE
12. GENERAL PRACTICES REGARDING USE AND STORAGE
13. MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES)
15. CONTENT LINKED TO A RLGR SITE
16. DISCLAIMER OF WARRANTIES
17. LIMITATION OF LIABILITY
18. EXCLUSIONS AND LIMITATIONS
19. LEGAL PROFESSIONAL INFORMATION DISCLAIMER
20. FINANCIAL INFORMATION DISCLAIMER
21. SEARCH CONTENT DISCLAIMER
22. THIRD PARTY DEALINGS
24. GOVERNING LAW/JURISDICTIONAL ISSUES
25. ARBITRATION AND ACTIONS
Schedule “A” SUBMITTER CONTENT LICENCE, RELEASE & WAIVER
1. Acceptance of Terms
All website services provided to you by RLGR and any of its unaffiliated partners and/or parties posting on the RLGR website are provided to you subject to the following terms and conditions of service. By using or accessing (either by computer, e-reader, mobile or other electronic device now or hereafter devised) any RLGR website or mobile enabled website (the “RLGR Sites”) or any content or other services available on a RLGR Site (each a “Service” and collectively, the “Services”), you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular RLGR Site or Service (collectively the “Terms and Conditions”), all as may be modified by RLGR in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, the Terms and Conditions will also apply if you access a RLGR Site or Service, or authenticate as a user, through a third party website or social media application (for example, through Twitter® or Facebook®). These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, shall be the entire agreement between you and RLGR and any prior communications between you and RLGR (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use a RLGR Site or any of the Services.
2. Your Registration Obligations
When you provide registration information to the RLGR Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable Services’ registration form (such information collectively being the “Registration Data.” You are fully responsible for all activities that occur under your electronic username or Registration Data. You agree to: (a) immediately notify RLGR of any unauthorized use of your Registration Data or any other breach of security. RLGR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
3. Privacy Statement
Registration Data and certain other personal information about you is subject to our Privacy Statement. For more information, please see our Privacy Statement. By submitting your personal information or otherwise utilize Services or post or use the RLGR Website, you signify your agreement to the Privacy Statement which may be amended from time to time. You agree that RLGR has the right, but not the obligation, to monitor the RLGR Sites and the Services electronically from time to time.
You acknowledge and agree that where you are required to submit Registration Data or take action under a username (for example, to comment on a story), if you choose to do so using personal information provided by a third party website or application such as Facebook® or Twitter®, this paragraph constitutes prior written notice to you of, and your consent to, the collection and use of your personal information by RLGR.
You acknowledge that in the event that a third party service provider is located in another foreign country, your personal information may be processed and stored in the foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use and disclosure of your personal information as described above.
4. User Conduct
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on a RLGR Site, including links to any third party websites or social media applications embedded therein (“Content”), uploaded, posted or otherwise submitted by a user, to RLGR, a RLGR Site or the Services (“User Content”) is the sole responsibility of the person from which such User Content originates and any uploading, posting or other submission of such User Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the License, Release and Waiver terms for Music, Photos Content and User Content (as defined in Section 5 below), you also acknowledge and agree that you, and not RLGR, are entirely responsible for all User Content that you upload, post, link to, or otherwise submit via RLGR Sites and/or pursuant to the Services. RLGR does not control the User Content posted via the RLGR Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using a RLGR Site or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RLGR be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any User Content that:
(a) is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of “junk messages”, or unsolicited mass mailing or “spamming”;
(e) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(l) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
(m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
(n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or any RLGR Site and any world wide web pages or any operating system software or hardware on which such Content, Service or RLGR Site is operated or displayed except as specifically designed into the Content.
RLGR and its designees shall have the right to remove any User Content that violates these Terms and Conditions, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that RLGR may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RLGR, its users and/or the public.
5. Submitted/Uploaded Content
You agree that by uploading, posting or otherwise submitting any User Content materials to any content generating or submitting Service or page on a RLGR Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, music upload Service, reporting/blogging Service, criticism, review or opinion upload Service, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference. For all User Content please refer to the following Submission License, Release and Waiver (Schedule “A” below). Each of the Music Submission License, Release and Waiver, the Photo Submission License, Release and Waiver and the Submitter Content License, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS BEFORE POSTING, UPLOADING, OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO ANY RLGR SITE OR SERVICE. ANY SUCH POSTING, UPLOADING, OR OTHER SUBMISSION OF CONTENT TO A RLGR SITE OR SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER CONTENT OR RELATED MATERIAL TO RLGR BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE USER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO RLGR THAT THE USER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE USER CONTENT OR ANY RELATED MATERIAL AND THAT RLGR IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE USER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY RLGR, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
6. Social Networking and Forums
When participating in the various social networking aspects of RLGR such as commenting applications, forums, blogs or live chats (each a “Forum”, collectively, “Forums”), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. RLGR cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When participating or commenting in any Forum on or through RLGR you may not post, upload, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular Forum. Use of RLGR’s Forums for commercial purposes of any kind is strictly prohibited. Please note that RLGR reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in any Forum shall indicate your acceptance of the Terms and Conditions.
7. Responsibility for Minors
In cases where you have authorized a minor to use a RLGR Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of a RLGR Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a RLGR Site may contain Content that is inappropriate for minors. You acknowledge that RLGR has no obligation to monitor the Services or any Content accessible through the RLGR Sites.
8. Restrictions on Re-use, Re-sale of Services
All Content available on a RLGR Site, is protected by United States and worldwide copyright and trademark laws and treaty provisions. RLGR grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a RLGR Site or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.
9. Commercial Use
No Forum or other areas of the RLGR Sites may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the RLGR Sites and barring such violators from use of the RLGR Sites. We reserve the right to block access to RLGR Sites by any user known or reasonably believed to be utilizing automated means to process commercial uses (including sale of goods and services).
10. Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You agree to defend, indemnify and hold harmless each of RLGR, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a RLGR Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference); (b) your access to or use of a RLGR Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a RLGR Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. General Practices Regarding Use and Storage
You acknowledge that RLGR may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that User Content will be retained by a RLGR Site, the maximum number of times (and the maximum duration for which) you may access the RLGR Sites or the Services in a given period of time. You agree that RLGR has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted on or by a RLGR Site or Service. You further acknowledge that, in relation to free services, RLGR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. Modifications to Service (Other than Paid Services)
For users of the RLGR Sites and/or any Services, RLGR reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, any RLGR Sites or Services (or any part of such RLGR Sites or Services) with or without notice. You agree that any modification or discontinuance of any RLGR Sites or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, RLGR may immediately delete or modify any User Content posted on its RLGR Sites. You further agree that RLGR shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of a RLGR Site or Service will mean that you accept those changes.
You agree that RLGR, in its sole discretion, may remove and discard any User Content within the RLGR Site or Service at its convenience, or for any reason, including, without limitation, for lack of use or if RLGR believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. RLGR may also in its sole discretion and at any time discontinue providing the RLGR Sites or Services, with or without notice. You agree that any suspension and/or termination of your access to the RLGR Sites or Services may be effected without prior notice, and/or bar any further access RLGR Sites or Services. You further agree that RLGR shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a RLGR Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of RLGR in operating a RLGR Site or any of the Services, your sole and exclusive remedy is to discontinue using the RLGR Site or Services in question.
15. Content Linked to a RLGR Site
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF ANY RLGR SITE OR SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RLGR SITES OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RLGR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RLGR MAKES NO WARRANTY THAT (i) THE RLGR SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE RLGR SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RLGR SITES OR SERVICES WILL BE ACCURATE OR RELIABLEAND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF RLGR SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RLGR, A RLGR SITE OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RLGR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RLGR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE RLGR SITES OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RLGR SITES OR SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE RLGR SITES OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT RLGR HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE RLGR SITES, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RLGR. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. Legal Professional Information Disclaimer
The RLGR Sites may make available certain information provided by RLGR directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns, or third parties related to various the legal field. The Professional Information is provided ONLY for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific legal course of action. Use of a RLGR Site does not replace consultations with a qualified legal professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that RLGR use of RLGR Sites or Services does NOT create an attorney-client relationship between user and RLGR or its RLGR directors, officers, employees, agents. Further, RLGR is not liable for any damages incurred as a result of the User’s reliance or use of any Content or User Content derived from RLGR Sites or Services.
20. Financial Information Disclaimer
The Professional Information may contain financial information (including any facts, views, opinions, recommendations, descriptions of, or references to, products or securities). Such financial information made available by RLGR, through a RLGR Site or any of the Services is: (a) for informational purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by RLGR; and (c) not necessarily reflective of the views or policy of RLGR, including the publisher, contributors and staff of, and advertisers on, a RLGR Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by RLGR. You should apply your own judgment in making any use of any financial information, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. RLGR DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE. You acknowledge that RLGR may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a RLGR Site. The views and opinions expressed on a RLGR Site are not intended to constitute a description of securities bought, sold, or held on behalf of RLGR nor an indication by RLGR of any intention to buy, sell, or hold any security.
21. Search Content Disclaimer
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, and/or the arrangement thereof and any other works (the “Multimedia Content”) located through any RLGR Site’s search services are protected by copyright and/or other intellectual property laws. RLGR does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a RLGR Site, all of the Multimedia Content contained on such sites is owned and served by entities other than RLGR. RLGR provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a RLGR Site’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
22. Third Party Dealings
You acknowledge that some of the services accessible on the RLGR Site are provided by third parties, including but not limited to newsletters and news articles. You acknowledge that in dealings with third parties, RLGR is not the provider of such material and your use of such Content with such third party is between you and the third party, and not RLGR. The responsibility for ensuring compliance with third-party content shall be yours and/or the third party’s alone. You agree that RLGR shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings, You acknowledge and agree that your correspondence or business dealings with any third parties found on, or through, a RLGR Site or any of the Services, are solely as between you and such third parties.
RLGR and RLGR trademarks and design marks, are trademarks and registered trademarks of RLGR. All other product, brand and company names and logos used or mentioned on a RLGR Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a RLGR Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
24. Governing Law/Jurisdictional Issues
Except for third party sites and services independently operated and accessed through RLGR Sites, all other RLGR Sites and Services are controlled, operated and administered by RLGR from its offices within the State of Arizona. If you access a RLGR Site from outside Arizona or the United States of America, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a RLGR Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the State of Arizona, and the federal laws of the United States of America applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the State of Arizona and the Federal Courts situate therein, and to waive any objections based upon venue.
25. Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any RLGR Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Maricopa County, State of Arizona and governed by the rules of the American Arbitration Association and the State of Arizona. The arbitrator shall be a person who is legally trained and who has experience in the information technology field is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the relevant Federal or State of Arizona courts.
These Terms and Conditions andconstitute the entire agreement between RLGR and you pertaining to your use of the RLGR Sites and Services and, except as specifically set forth herein, supersede any prior agreements between you and RLGR relating to the RLGR Sites and Services. RLGR may assign these Terms and Conditions, in whole or in part, at any time. RLGR’s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted.
SUBMITTER CONTENT SUBMISSION LICENCE, RELEASE AND WAIVER
In consideration of RLGR’s agreement to allow you to post, e-mail, transmit, upload or otherwise submit any User Content materials to the RLGR Sites or Services and, you agree with RLGR as follows.
1. You acknowledge that:
(a) by posting, e-mailing, transmitting, uploading or otherwise submitting any User Content to any RLGR Sites or Services, you hereby irrevocably grant and assign to RLGR the unlimited right and license, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such User Content, and to publish, reproduce and otherwise use and exploit the User Content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. RLGR shall be entitled to edit the User Content, and you hereby waive in favour of RLGR and its assigns, all “moral rights” in and to the User Content. Nothing herein shall obligate RLGR to use or publish the User Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by RLGR to any third party.
(b) RLGR shall be entitled to use the User Content you submit to RLGR without compensation or obligation to you; and
(c) There is no relationship of any type created, including without limitation any agency, attorney-client relationship, or fiduciary relationship, as between you and RLGR, by virtue of the submission by you of the User Content to RLGR Sites or Services.
2. You hereby expressly and irrevocably release and forever discharge RLGR and its directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, RLGR’s use of the RLGR Site and Services or posting or submission of User Content.
3. You represent and warrant that:
(a) the User Content you submit, and each and every of its component elements, are wholly original with you and not copied in whole or part from any other work;
(b) you have the full and complete right to grant the permissions given hereunder to RLGR, and that no further permissions are required from, nor payments required to be made to any third party in connection with the use by RLGR of the User Content as contemplated herein; and
(c) the User Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order.
4. You hereby agree to indemnify and hold harmless RLGR and its respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
5. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against RLGR, all of which such rights are hereby expressly and irrevocably waived by you in favour of RLGR.
6. You acknowledge you s to have voluntarily waived the right to seek such independent legal advice.