PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
These Terms govern: (i) your use of the Website; (ii) your provision of information while using the Website (collectively, the “User Content“); and (iii) your use of information obtained through the Website, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Red River or its licensors and made available to you through the Website (collectively, the “Red River Content“). Please read these Terms carefully because they impose legal obligations on you and on Red River, and establish our legal relationship. By accessing our Services (including accessing our Site or entering into any transaction with us that references these Terms), you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, from time to time during your use of our Site, you may be prompted to click an “I Accept” or similar button to further confirm your agreement to be legally bound by these Terms.
2. Your Consent to Our Privacy Practices.
We may make certain areas of the Website accessible only to users that have a password. While you can visit the Website as a Guest User, to access and participate in certain Services, we ask that you become a Registered User. During the registration process, you may be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate.
3.1. Protecting Your Password.
If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.
4. Ownership; Reservation of Rights.
The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Red River Content, are the property of Red River and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Red River and its licensors retain all rights with respect to the Website and the Red River Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Red River.
By submitting User Content when interacting with the Website, uploading files, or otherwise (if such features are available to you), you grant to Red River a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for Red River’s operations. No compensation will be paid with respect to Red River’s use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 5.1 (Grant of Rights to Red River in User Content).
5.2. Grant of Rights to You in Red River Content.
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Red River Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Red River Content; (ii) modify or make derivative works based upon the Website or Red River content; or (iii) reverse engineer, reverse compile, or access the Website or the Red River Content in order to build a competitive product or service. You may access and view the Website and the Red River Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the Red River Content.
AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
- Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
7. Monitoring; Revocation or Suspension of Use Privileges.
Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE AT ISSUE AND REMOVE THE CONTENT AT ISSUE.
If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 22 (Contact Us).
9. Contact for Alleged Copyright Infringement.
Red River respects the intellectual property rights of others and requires that its users do the same. If you believe that any Red River Content available on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“), to respond to such concerns as follows:
Attn: Red River DMCA Agent (Compliance Dep’t)
Red River Technology, LLC
21 Water St., Suite 500
Claremont, NH 03743
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy“). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and/or any interim measures that we deem appropriate.
10. User Content You Submit to Red River.
10.1. User Content.
10.2. Personal Information.
Notwithstanding anything to the contrary, if you provide User Content, then we will treat such User Content as non-confidential and non-proprietary to you. User Content that you provide to us may, once published, be publicly available to anyone. Although we may review User Content prior to using it, we make no representations or warranties regarding any User Content or our review of such User Content. In addition, any Personal Information that is included in User Content may be posted on our Website or otherwise used and may be made publicly available. As such, please use discretion when including Personal Information and other details in User Content that you provide to us.
10.3. Information about Others.
If you provide us with information about another individual or otherwise engage us to provide Services to another individual, you expressly acknowledge and agree that you have sufficient legal authority to act on that individual’s behalf.
10.4. Right to Decline User Content.
11. Links to Third-Party Sites.
12. User Conduct; User Disputes.
Red River is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between Site users. If you have a dispute with another Site visitor, then you release Red River (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
RED RIVER DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE WEBSITE, RED RIVER CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. RED RIVER DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES OR INACCURACIES.
RED RIVER DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND RED RIVER CONTENT IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL RED RIVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE, RED RIVER CONTENT, OR SERVICES EXCEED U.S. $1,000.00. You agree that in the event that you have any right, claim, or action against any third party arising out of such party’s use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Red River reserves the right to assign its rights and obligations under these Terms.
19. Additional Terms.
Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 13 (Warranty Disclaimer); (iii) Section 14 (Limitation of Liability); (iv) Section 15 (Indemnity); (v) Section 17 (Assignment); and (vi) Section 18 (General).
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our Site, or at: firstname.lastname@example.org.
24. COPYRIGHT AND LEGAL NOTICE.
Copyright © 2020 Red River Technology LLC. All Rights Reserved.