Creative Storytelling in web, iOS, and Film

Terms of Service

Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND R/COM RETAIL SERVICES, LLC governing your use of this site,http://www.rcomcreative.com, which includes but is not limited to services, software, products, hosting and support offered by way of any R/com Retail Services Website, including internal and licensed web applications and websites that may link to these Terms (“Site”). Please review all of these Terms of Service fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our polices and practices. If you are not in agreement, please discontinue using the Site. R/com Retail Services, LLC, its agents, subsidiaries, and partners reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 22 November 2011.

Us of the Site is AS-IS and AT RISK. Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the content contained in the Site, with the quality of service, or with these Terms, your SOLE AND EXCLUSIVE REMEDY is to discontinue accessing and using the Site.

Registration

In order to utilize certain functionality of the Site, such as participation in surveys, you may be asked to complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name.

By registering, you consent to the collection of your data, including, without limitation, Registration Data and processing of such data by R/com Retail Services in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

Intellectual Property Issues
The Site is owned by R/com Retail Services, LLC. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by R/com Retail Services.

Pursuant to the copyright and trademark laws of the United States, you agree:

1. That you may only download Content that R/com Retail Services designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.

2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from R/com Retail Services.

3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.

4. To refrain from framing, inline linking, or mirroring any portion of the Site.

5. You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, however, you grant R/com Retail Services (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with R/com Retail Services Product or those of its subsidiaries. R/com Retail Services may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such R/com Products. An R/com Product is defined as “a product of R/com Retail Services, a subsidiary, affiliate, joint venturer, or licensee of R/com Retail Services, in any language, over which R/com Retail Services has Editorial Control.”

6. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide R/com Retail Services’s designated agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed:

c. A description of where the material that you claim is infringing is located on the Site (such as the URL);

d. Your address, telephone number, and e-mail address;

e. 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

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.

Shopping
Certain sections of this Site may allow you to purchase different types of products and services online that are provided by third parties. R/com Retail Services has no responsibility for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site, or on a third-party website that you have accessed via a link on the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and R/com Retail Services. A merchant may have privacy and data collection practices that are different from R/com Retail Services. R/com Retail Services has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release R/com Retail Services and its affiliates from any damages that you incur, and agree not to assert any claims against R/com Retail Services or any of its affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Liability
The Site is provided for informational purposes only. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Although R/com Retail Services does not routinely monitor the postings to the Site, R/com Retail Services reserves the right (but assumes no obligation) to delete, move, or edit any User Content that comes to its attention that R/com Retail Services considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of R/com Retail Services, restricts or inhibits any other user from using or enjoying the Site will not be permitted. R/com Retail Services reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of the United States.

The Site may provide, or third parties may provide, links to other sites or resources. Because R/com Retail Services has no control over such sites and resources, you acknowledge and agree that R/com Retail Services is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that R/com Retail Services shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that R/com Retail Services will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, R/com Retail Services is under no obligation to become involved, and you agree to release R/com Retail Services and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, R/COM RETAIL SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. R/COM RETAIL SERVICES MAKES NO WARRANTY THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. R/COM RETAIL SERVICES NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL R/COM RETAIL SERVICES, OR OUR SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF R/COM RETAIL SERVICES SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT R/COM RETAIL SERVICES IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

User Conduct
R/com Retail Services wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than R/com Retail Services. R/com Retail Services neither endorses nor guarantees the accuracy of any User Content. R/com Retail Services may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, R/com Retail Services engages in no routine monitoring of User Content on the Site. There is no substitute for healthy skepticism and your own good judgment.

You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:

1. Abide by the rules for community (which are fully incorporated into these Terms);

2. Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports R/com Retail Services’s mission of inspiring people to care about the world.

3. Represent that you are the owner of the User Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for R/com Retail Services’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others;

4. Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other User Content that infringes on the ability of others to enjoy the Site or is otherwise inappropriate;

5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user ;

6. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service;

7. Not post anonymously or impersonate any other person;

8. Use any automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Site. Exception is made for publicly available Internet search engines (e.g., Google, Yahoo) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and

9. Not to alter or modify any part of the Site, make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by R/com Retail Services.

10. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Site

11. With respect to the Video Player, you also agree:

a. If you use the Video Player on your website, you must include a prominent link back to the Site on the pages containing the Video Player and you may not modify, build upon , or block any portion of the Video Player in any way ;

b. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, threatening, harassing, vulgar, indecent, profane, hateful, or racially or ethnically offensive, (ii) encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, or infringes any right of any third party including intellectual property rights, (iii) is otherwise inappropriate or objectionable to R/com Retail Services (in R/com Retail Services’s sole discretion), or (iv) links to infringing or unauthorized content (collectively, “Unsuitable Material”);

c. You are prohibited from embedding the Video Player into any hardware or software application, even for non-commercial purposes. R/com Retail Services reserves the right to prevent embedding to any website or other location that R/com Retail Services finds inappropriate or objectionable (as determined by R/com Retail Services in its sole discretion) ; and

d. You may make no use of the Video Player for any commercial use, without the prior written authorization of R/com Retail Services; provided, however, that you may use the Video Player to show R/com Retail Services content on an ad-enabled blog or website, provided the primary purpose of using the Video Player is not to gain advertising or any other form of revenue (e.g. license fees, subscriptions, etc.). Prohibited commercial uses include, without limitation, any use of the Video Player that R/com Retail Services finds, in its sole discretion, to use R/com Retail Services resources or User Content with the effect of competing with or displacing the market for R/com Retail Services content.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, R/COM RETAIL SERVICES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

 

Indemnification

You agree to indemnify, defend, and hold harmless R/com Retail Services; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms. R/com Retail Services reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with R/com Retail Services.

 

Miscellaneous

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Los Angeles, California, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate of interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-United States company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If R/com Retail Services is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse R/com Retail Services for its respective legal fees, costs, and disbursements if R/com Retail Services is successful.

These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between R/com Retail Services and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of R/com Retail Services may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.