Effective March 9, 2009
Please choose carefully the information you post on or through the Site and that you provide to other users of the Site. You may not post on or supply the Site any form of prohibited Content, as outlined in Sections 4 and 8 below. Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and we assume no responsibility or liability for this material. If you become aware of misuse of the Site by any person, please click on the “Contact the Company” at the bottom of the Site pages.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, or bar you from future use of the Site, and without liability, including, without limitation, the right to restrict, suspend, or terminate your access to the Site, and/or take appropriate legal action against you, including, without limitation, civil, criminal and injunctive action, if we, in our sole discretion, determine that you have violated this Agreement or pose a threat to the Company and/or its users. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of this Agreement and you consent to injunctive and other equitable relief for such violations.
1. Access to the Site. We are providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
2. Permitted Use of Site/Prohibitions. You are authorized to visit this Site, and view and keep a copy of any Site pages for your personal use only. You cannot publish, modify, alter, download, duplicate or otherwise distribute the material on this Site for any purpose, other than to review event and promotional information, for personal use, or to participate in the Interactive Areas, unless we provide you with written consent to do so. You agree not to deep-link to the Site unless we have authorized you to do so. You agree not to remove any intellectual property notices on any pages of this Site. You agree not to reproduce, reverse engineer, duplicate, copy, sell, create derivative works of, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, unless we expressly give you written permission to do so. You agree not to use any spider, robot, or other automatic device, process or means to access the Site, or interfere with the proper functioning of the Site in any way. You also agree not to use any bulletin board, chat, social network or any other Interactive Area, or advertise, solicit, or use links or any other form of communication, for any commercial purposes, including, without limitation, conducting services or merchandise sales of any kind, unless we provide prior written consent. You must also not use any information obtained from this Site for the purposes of harming, abusing, or harassing another person, or contacting, advertising to, soliciting to or selling to any Site user without their prior express consent. It will be considered a breach of this Agreement if you use this Site illegally or without authorization.
3. Further Site User Obligations. In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any and all current or future use of the Site (or any portion thereof). The Site is for the personal use of visitors. As set forth more fully in Section 8 below, we reserve the right to remove any “Content” (as defined in Section 5 below) in our sole discretion. Illegal and/or unauthorized use of the Site, including collecting usernames, user id numbers, and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Site.
4. Use of Interactive Areas. The Site may contain “Interactive Areas,” including chat rooms, comments and questions boards, bulletin boards, or other message, social networking and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content that:
(a) Defames, threatens, or abuses others;
(b) Is racially or ethnically offensive;
(c) Is obscene, pornographic, vulgar, or harmful to children;
(d) Infringes another’s rights to intellectual property, publicity, or privacy;
(e) Contains advertisements, promotions, or commercial solicitations;
(f) Contains information intended to assist in the placement of a bet or wager; or
(g) Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
We reserve the right to review, edit, or delete any content you post to this Site and to terminate your access to any Interactive Area at any time without notice for any reason whatsoever.
You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. We recommend against the posting of any personally identifiable information. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, the Company specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. Interactive Area hosts are not necessarily employees or affiliates of The Company, and their views do not necessarily reflect those of the Company.
5. No Representations Regarding Site Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site, including via text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”). The Company does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. The Company makes no representations or warranties, express or implied, with respect to the information provided on the Site.
6. Proprietary Rights in the Content. You acknowledge and agree that Content contained in the Site or information presented to you through the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part.
Those portions of the Site owned by the Company are the copyright of the Company. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, including that which belongs to the Company. Content belonging to the Company is protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in such Content. RAP RADAR is a trademark of the Company. All rights reserved. All other trademarks are the property of their respective owners.
We perform technical functions necessary to maintain the Site, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Site.
You represent and warrant that: (i) you own the Member Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 7, and (ii) the posting of your Member Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Member Content posted by you on or through the Site.
8. Prohibited Content/Activities. We may reject, refuse to post, or delete any Member Content for any or no reason, including Content that in the sole judgment of the Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Site for inappropriate Content, including any Member Content, or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, including any Member Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the visitor or Member submitting any such Content.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of the Company:
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under 18;
(f) publicly posts information that poses or creates a privacy or security risk to any person;
(g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) constitutes or promotes 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 manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music files or video;
(i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
(m) involves commercial activities and/or sales without prior written consent from the Company, such as sweepstakes, contests, barter, advertising or pyramid schemes;
(n) includes a photograph or video of another person that you have posted without that person’s consent; and,
(o) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through your use of the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(i) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(ii) advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Site. You may not transmit any chain letters or junk email to another Member;
(iii) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
(iv) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(v) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
(vi) impersonating or attempting to impersonate another Member, person or entity;
(vii) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
(viii) using any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same; and,
ix) using the Site in a manner inconsistent with any and all applicable laws and regulations.
9. Notice and Procedure for Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your right to use the Site if we determine in our sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of the Company (the “Agent”) to receive notification of claimed infringement is:
Alan Hock, Esq., Legal/Privacy Agent
Address: 400 Garden City Plaza, Suite 202
Garden City, NY 11530
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description and identification of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10. Links to Third Party Sites. The material and links to third-party websites (including, without limitation, any links to member or third party blogs) and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by the Company of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because the Company has no control over third-party websites and resources, you acknowledge and agree that the Company is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
11. Indemnification. You agree to indemnify and hold the Company, its directors, officers, employees, agents, contractors, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Agreement, your breach of your representations and warranties set forth in this Agreement, your posting of any Content through the Site that causes the Company to be liable to another, or your infringement of any intellectual property or other right of any other person or entity.
12. Enforcement. The Company does not assume responsibility to you or others for any failure by the Company to enforce the provisions contained in the Agreement.
13. Termination. You agree that the Company, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. The Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that the Company may immediately bar any further access to the Site. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Site.
14. General Acknowledgments. You acknowledge that we may establish general practices and limits concerning your use of the Site. You agree that we have no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
16. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE COMPANY MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE OR ANY FILES YOU DOWNLOAD FROM THE SITE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
C. ANY MATERIAL, INFORMATION, CONTENT, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
E. THE COMPANY IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MEMBER CONTENT OR THE ACCURACY AND RELIABILITY OF THE MEMBER CONTENT POSTED ON OR THROUGH THE SITE, WHETHER CAUSED BY MEMBERS OF THE COMPANY OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE AND SUCH MEMBER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON ANY THIRD-PARTY WEBSITES THAT ARE LINKED FROM THE SITE, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY THE COMPANY. INCLUSION OF ANY LINKED WEBSITE ON THE SITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE ON THE SITE. WHEN YOU ACCESS THESE THIRD PARTY SITES, YOU DO SO AT YOUR OWN RISK. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY VISITOR TO OR MEMBER OF THE SITE.
F. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY VENDORS, SUPPLIERS, USERS, THE COMPANY USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE COMPANY SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE COMPANY SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR THE PERFORMANCE OR NON-PERFORMANCE OF ANY EVENT, OR ANY PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. THE COMPANY WILL NOT BE LIABLE FOR: (i) THE CONTENTS OF ANY COMMUNICATION, TEXT, VIDEO, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES; (ii) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY THE COMPANY THAT IS ACCESSED FROM OR LINKED TO THIS SITE; (iii) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY THE COMPANY OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY THE COMPANY; (iv) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
G. EXCLUSIONS AND LIMITATIONS. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA OR BUSINESS OPPORTUNITIES IN CONNECTION WITH THE USE OF OR INABILITY TO USE SITE OR ANY COMPANY SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 MAY NOT APPLY TO YOU.
17. Governing Law. The Agreement and the relationship between you and the Company shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of laws analysis. You and the Company agree to submit to the exclusive jurisdiction of the courts located within New York, New York to resolve any dispute arising out of the Agreement. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Waiver. The Company’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
19. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Agreement shall remain in full force and effect.
20. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF STATUTORY LIMITATIONS. ACCORDINGLY, SUCH LIMITATION MAY NOT BE ENFORCEABLE AGAINST YOU.
21. Headings. The section headings and sub-headings contained in the Agreement are for convenience only and have no legal or contractual effect.
23. Other. This Agreement is accepted upon your use of the Site and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Site.