Terms of Service
1. Your relationship with RAYVE ON Network (collectively "RAYVE ON")
1.1 Your use of RAYVE ON's products, services, websites, Facebook, mobile apps and other social networks (collectively referred to as the "Services" in this document and excluding any services provided to you by RAYVE ON under a separate written agreement) is subject to the terms of a legal agreement between you and RAYVE ON and may be updated by us from time to time without notice to you. In addition, when using particular RAYVE ON’s services, you and RAYVE ON shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
"RAYVE ON" means all RAYVE ON products, services, websites, Facebook, mobile apps and other social media networks, including subsidiaries, associated products and service lines, whose mailing address is 1064 South Main Street Suite 205 West Creek, NJ 08092, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with RAYVE ON, your agreement with RAYVE ON will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms."
1.3 Your agreement with RAYVE ON will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms." Where Additional Terms apply to a Service, these will be accessible for you to read either within or through your use of that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and RAYVE ON in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms."
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by RAYVE ON in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that RAYVE ON will treat your use of the Services as acceptance of the Terms from that point onward.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with RAYVE ON or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where RAYVE ON has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with RAYVE ON.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by RAYVE ON
4.1 RAYVE ON has subsidiaries and affiliated legal entities (Subsidiaries and Affiliates). Sometimes, these companies will be providing the Services to you on behalf of RAYVE ON itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 RAYVE ON constantly innovates in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which RAYVE ON provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that RAYVE ON may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at RAYVE ON's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform RAYVE ON when you stop using the Services.
4.4 RAYVE ON currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new RAYVE ON properties, shall be subject to the “Terms”. You understand and agree that the Service is provided "AS-IS" and that RAYVE ON assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
5. Use of the Services by You
5.1 In order to access certain Services, you may be required to provide information about yourself (such as contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to RAYVE ON will always be accurate, correct and up to date to the best of your knowledge.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by RAYVE ON, unless you have been specifically allowed to do so in a separate agreement with RAYVE ON. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with RAYVE ON, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that RAYVE ON has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which RAYVE ON may suffer) of any such breach.
5.7 You agree to not use the Services to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a RAYVE ON official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e. upload, post, email or otherwise transmit any Content that 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 learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation.
h. upload, post, email or otherwise transmit any material 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
5.8 SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
5.9. MODIFICATIONS TO SERVICE
RAYVE ON reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RAYVE ON shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
5.10 DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RAYVE ON shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RAYVE ON has no control over such sites and resources, you acknowledge and agree that RAYVE ON 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 RAYVE ON shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
5.12. SPECIAL ADMONITION FOR ADVERTISEMENT RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Services concerning companies advertising and publishing financial data, please read the below Sections 13 and 14. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the buyer beware" is apt. The Services are provided for informational purposes only, and no Content included in the Services is intended for trading or investing purposes. RAYVE ON shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
5.13 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RAYVE ON may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on RAYVE ON’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that RAYVE ON has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that RAYVE ON reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RAYVE ON reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5.14 YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RAYVE ON has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RAYVE ON has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6. Passwords and account security
6.1 You may receive a password and account designation upon completing the Service's registration process, where applicable. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RAYVE ON in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RAYVE ON cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
6.2 Accordingly, you agree that you will be solely responsible to RAYVE ON for all activities that occur under your account.
7. Privacy and your personal information
7.2 You agree to the use of your personal data in accordance with RAYVE ON's privacy policies.
8. Content in the Services
8.1 You understand that all information, data, text, software, music, sound, audio files, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RAYVE ON, is entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. RAYVE ON does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will RAYVE ON be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
8.2 You acknowledge that RAYVE ON and its designees shall have the right (but not the obligation) in their sole discretion to screen, review, flag, filter, modify, refuse or remove any Content that is available via the Services. Without limiting the foregoing, RAYVE ON and its designees shall have the right to remove any Content that violates the “Terms” 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. In this regard, you acknowledge that you may not rely on any Content created by RAYVE ON or submitted to RAYVE ON, including without limitation information in RAYVE ON Blogs, Forums, Chat rooms, Social Media outlets, and in all other parts of the Services.
You acknowledge and agree that RAYVE ON 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 the “Terms”; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RAYVE ON, its users and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8.3 You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RAYVE ON or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part unless you have been specifically told that you may do so by RAYVE ON or by the owners of that Content, in a separate written agreement.
8.4 You understand that by using the Services you may be exposed to Content that you may find objectionable, offensive or indecent, and that, in this respect, you use the Services at your own risk.
9. Proprietary rights
9.1 You acknowledge and agree that RAYVE ON (or RAYVE ON's licensors) owns all legal right, title and interest in and to the Services and any necessary software used in connection with the Services (“Software”), including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated proprietary and confidential by RAYVE ON, that is protected by applicable intellectual property and other laws, and that you shall not disclose such information without RAYVE ON's prior written consent.
9.2 Unless you have agreed otherwise in writing with RAYVE ON, nothing in the Terms gives you a right to use any of RAYVE ON's and associated trade names, trademarks, designs, service marks, logos, domain names, and other distinctive brand features. RAYVE ON, its associated products, its business lines, and its intellectual property is registered and protected under the copyright and trade mark provisions.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with RAYVE ON, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, RAYVE ON acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RAYVE ON, you agree that you are responsible for protecting and enforcing those rights and that RAYVE ON has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) which may be affixed to or contained within the Services.
9.6 You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by RAYVE ON for use in accessing the Services.
9.7 Unless you have been expressively authorized to do so in writing by RAYVE ON, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from RAYVE ON
10.1 RAYVE ON gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by RAYVE ON as part of the Services as provided to you by RAYVE ON (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by RAYVE ON, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by RAYVE ON, in writing.
10.3 Unless RAYVE ON has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from You
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
11.2. Public content posted to RAYVE ON
(a) For purposes of the ‘Terms”, "publicly accessible areas of the Services" are those accessible by the general public. By way of example, a publicly accessible area of the Services would include RAYVE ON Social Networks, including without limitation information in RAYVE ON Blogs, Forums, Chat rooms, Social Media outlets, and in all other parts of the Services.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of RAYVE ON networks or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Services, you grant RAYVE ON a perpetual, irrevocable, world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, translate, publish, publicly perform, publicly display and distribute such Content on the Services solely for the purpose of enabling RAYVE ON to display, distribute and promote the RAYVE ON network to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Services, you grant RAYVE ON the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
11.3 You agree that this license includes a right for RAYVE ON to make such Content available to other companies, organizations or individuals with whom RAYVE ON has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.4 You understand that RAYVE ON, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit RAYVE ON to take these actions.
11.5 You confirm and warrant to RAYVE ON that you have all the rights, power and authority necessary to grant the above license.
12.1 The Terms will continue to apply until terminated by either you or RAYVE ON as set out below.
12.2 You agree that RAYVE ON, in its sole discretion, may terminate your password, account (or any part thereof and where applicable) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if RAYVE ON believes that you have violated or acted inconsistently with the letter or spirit of the “Terms”. RAYVE ON may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of the “Terms” may be effected without prior notice, and acknowledge and agree that RAYVE ON may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that RAYVE ON shall not be liable to you or any third-party for any termination of your access to the Services.
12.3 If you want to terminate your legal agreement with RAYVE ON, you may do so by (a) notifying RAYVE ON at any time and (b) closing your accounts for all of the Services which you use, where RAYVE ON has made this option available to you. Your notice should be sent, in writing, to RAYVE ON's address which is set out at the beginning of these Terms.
12.4 RAYVE ON may at any time, terminate its legal agreement for reasons including, but not limited to, if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) RAYVE ON is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) the partner with whom RAYVE ON offered the Services to you has terminated its relationship with RAYVE ON or ceased to offer the Services to you; or
(d) RAYVE ON is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by RAYVE ON is, in RAYVE ON's opinion, no longer commercially viable.
12.5 Nothing in this Section shall affect RAYVE ON's rights regarding provision of Services under Section 4 of the Terms.
12.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RAYVE ON have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT RAYVE ON's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”.
13.3 IN PARTICULAR, RAYVE ON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAYVE ON OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.6 RAYVE ON FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAYVE ON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH RAYVE ON MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE RAYVE ON WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP ANY PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(VI) THE USE OR THE INABILITY TO USE THE SERVICE
(VII) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(VIII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
(IX) OR ANY OTHER MATTER RELATING TO THE SERVICES.
14.2 THE LIMITATIONS ON RAYVE ON's LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT RAYVE ON HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Copyrights and Trademark Policies
15.1 It is RAYVE ON's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. RAYVE ON respects the intellectual property of others, and we ask our users to do the same. RAYVE ON may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RAYVE ON with the following information:
(a) a physical signature of the person authorized to act on behalf of the owner of the copyright or Trade Mark interest;
(b) a description of the copyright or Trade Mark protected work that you claim has been infringed;
(c) a description of where the material, that you claim is infringing, is located on the site;
(d) your address, telephone number, and email address;
(e) a notarized statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or Trade Mark owner, its agent, or the law;
(f) a notarized statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Trade Mark owner or authorized to act on the owner's behalf.
RAYVE ON’s Notice of claims of copyright or Trade Mark infringement can be sent to:
Rayve On LLC
1064 South Main Street Suite 205
West Creek, NJ 08092
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by RAYVE ON on the Services are subject to change without specific notice to you.
16.3 In consideration for RAYVE ON granting you access to and use of the Services, you agree that RAYVE ON may place such advertising on the Services.
17. Other Content
17.1 RAYVE ON includes hyperlinks to other websites or content or resources. RAYVE ON may have no control over any websites or resources which are provided by companies or persons other than RAYVE ON.
17.2 You acknowledge and agree that RAYVE ON is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
17.3 You acknowledge and agree that RAYVE ON is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
17.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the “Services”, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RAYVE ON shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
18. Changes to the Terms
18.1 RAYVE ON may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, RAYVE ON will make a new copy of the Universal Terms available here and any new Additional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, RAYVE ON will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, affiliate services, third-party content or third-party software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and RAYVE ON and govern your use of the Services (but excluding any services which RAYVE ON may provide to you under a separate written agreement), and completely replace any prior agreements between you and RAYVE ON in relation to the Services.
19.3 You agree that RAYVE ON may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if RAYVE ON does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RAYVE ON has the benefit of under any applicable law), this will not be taken to be a formal waiver of RAYVE ON's rights and that those rights or remedies will still be available to RAYVE ON.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which RAYVE ON is the parent or subsidiary shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with RAYVE ON under the Terms, shall be governed by the laws of the State of New Jersey without regard to its conflict of law’s provisions. You and RAYVE ON agree to submit to the exclusive jurisdiction of the courts located within the county of Ocean, New Jersey to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that RAYVE ON shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Last Updated: February 2017