Last Updated: January 23, 2017
Welcome to Rave, operated by Rave Media, Inc. (the "Company" or "Rave").
b. By accessing or using the Services, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Services and terminate your account. Please print a copy of this Agreement for your records. For a non-electronic copy of this Agreement, please contact us at [email protected] This Agreement may be modified by the Company, from time to time, with such modifications to be effective upon posting by the Company in the Service.
3. License Grant and Restrictions on Use.
a. License Grant. The Company grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Services, install and use the Application on a Mobile Device owned and controlled by you, strictly in accordance with the terms and conditions of this Agreement, the Usage Rules, and any service agreement associated with your Mobile Device (the Usage Rules and any service agreement associated with your Mobile Device are collectively "Related Agreements").
b. Restrictions on Use. You shall use the Application and Services in accordance with the terms of this Agreement and Related Agreements, and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application or Services; (b) make any modifications, adaptation, improvement, enhancement, translation, or derivative work from the Application or Services; (c) violate any applicable laws, rules, or regulations in connection with Your access or use of the Application or Services; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application and Services; (e) use the Application or Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) use the Application or Services for creating a product, service, or software that is directly, or indirectly, competitive with or in any way a substitute for any services, product, or software offered by the Company; (g) use the Application or Services to send automated queries to any website or mobile device or to send any unsolicited commercial e-mail; or (h) use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing, or distribution of any applications, accessories or devices for use with the Application or Services.
4. Restriction on Transfer.
You may not rent, lease, lend, sublicense or transfer the Application or Services, this Agreement or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
No part of Rave or the Application or Services are directed to persons under the age of 13. You must be at least 13 years of age to access and use the Services. Any use of the Services are void where prohibited. By accessing and using the Application and Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Application and/or Services may be prohibited and restricted in certain countries. If you use the Application or Services outside of Canada, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services or Application.
6. Creating an Account.
7. Non-commercial Use by Users.
The Services are for personal use only. In addition to other restrictions outlined in this Agreement, Users may not use the Services or any content contained in the Services (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services. Organizations, companies, and/or businesses may not use the Services for any purpose without the express written consent of the Company. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Application and/or Services.
8. Account Security.
You are responsible for the maintenance of the confidentiality of your username and passwords you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to notify the Company of any disclosure or unauthorized use of your username or password or any breach of security at [email protected] and ensure that you log out from your account at the end of each session.
9. Intellectual Property Rights.
a. Rights to Application and Services. You acknowledge and agree that the Application and Services, and all copyrights, patents, trademarks, trade names, service marks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the property of the Company. Furthermore, You acknowledge and agree that the source and object code of the Application and Services, and the format, directories, queries, algorithms, structure and organization of the Application and Services are the intellectual property and proprietary and confidential information of the Company and its affiliates, licensors, and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Application or Services by implication, estoppels, or other legal theory, and all rights in and to the Application and Services not expressly granted in this Agreement are hereby reserved and retained by the Company. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
b. Third Party Software. The Application and/or Services may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application and/or Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party license, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application, Services, or components thereof be deemed to be "open source" or "publically available" software.
c. Company's Marks. You are not authorized to use the Company trademarks in any advertising, publicity, or in any commercial manner without the prior written consent of the Company, which may be withheld for any or no reason.
d. Infringement Acknowledgement. You and Company acknowledge and agree that, in the event of a third party claim that the Application and/or Services, or your possession or use of the Application and/or Services infringes any third party's intellectual property rights, you (and not Company) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
10. Your Interaction With Other Users
a. You are solely responsible for your interactions with other users. You understand that the Company does not conduct criminal background checks or screening on its users. The Company also does not inquire into the backgrounds of its users or attempt to verify any statements of its users. The company makes no representations or warranties as to the conduct of users or their conduct with any current or former users.
b. The Company is not responsible for the conduct of any user. As noted in and without limiting Sections 19 and 20 below, in no event shall the Company, its affiliates or partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications in any form with any other users of the Services and/or Application.
11. Content Posted By You in Services.
a. You are solely responsible for the content and information you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively termed hereinafter as "Post") on the Services or Application, or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly or privately transmitted or Posted (collectively, "Content"). You may not Post as part of the Services, or transmit to the Company or any other user (either on or off the Services), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to Post the Content on the Services and grant the licenses set forth below.
b. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Services or Application. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Services or Application, or the Company.
c. By Posting Content as part of the Services or Application, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any Posting and use of your Content by the Company will not infringe or violate the rights of any third party.
d. In addition to the types of Content described in Section 10(a) above, the following is a partial list of the kind of Content that is prohibited in the Services. You may not Post Content that:
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates these provisions, including removing the offending communication from the Services and/or Application, and terminating or suspending the account of such violators.
e. Your use of the Services and Application, including all Content you Post through the Services must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
12. Prohibited Activities.
The Company reserves the right to investigate, suspend, and/or terminate your account if you have misused the Services and/or Application, or behaved in a way that the Company regards as inappropriate or unlawful . In addition to the other restrictions outlined in this Agreement, the following is a partial list of the type of actions that you may not engage in with respect to the Services and/or Application. You will not:
13. Use of Information
a) Consent to Use Information. You hereby authorize and consent to the collection, storage, use, and disclosure by Company and its affiliates, partners, and agents, of any information and data related to or derived from your use of the Application and Services, and any information or data that you provide to Company and its affiliates, partners and licensors ("Information"). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how, or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and services incorporating such Information.
15. Third Party Content and Services.
a) General. You acknowledge that the Application and Services may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services")
b) Disclaimer. You acknowledge that the Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Services). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Company and its affiliates, partners, suppliers, and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Company hereby disclaims any representation, warranty or guaranty regarding Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
c) Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party using the Application or Services are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services any and related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet or Mobile Device and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license herein to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
d) Endorsements. You acknowledge and agree that the provision of access to any Third Party Content or Services shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. The Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application or Services, although Company has no obligation to restrict or deny access even if requested by you.
e) Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials, and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that Company and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
f) Use of Third Party Content and Services. You agree that the Third Party Content and Services may contain proprietary information and material that is not owned by the Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any party, and that the Company is not in any way responsible for any such use by you.
16. Term and Termination.
Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder with or without prior notice. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. This Agreement will remain in effect and in full force while you use the Services and/or Application and/or have a Rave account. The Company may suspend or terminate your account at any time without notice if the Company believes you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon termination of your account, for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
17. Modifications to Services and Application.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services and/or Application (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 Services and/or Application. To protect the integrity of the Services and Application the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.
18. Copyright Policy.
Rave respects the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent at [email protected] Please provide the following information with your notice:
YOU ACKNOLWEDGE AND AGREE THAT THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION, SERVICES, CONTENT AND/OR ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. RAVE AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, CONTENT, SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, RAVE AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORES MAKE NO WARRANTY THAT (I)THE APPLICATION, CONTENT, SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION, SERVICES, CONTENT OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION, SERVICES, CONTENT OR THIRD PARTY CONTENT AND SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION, SERVICES, CONTENT, OR THIRD PARTY CONTENT OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAVE OR FROM THE APPLICATION, CONTENT OR SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT RAVE HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. ANY MATERIAL THAT IS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE,OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES OR APPLICATION.
20. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL RAVE OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION, SERVICES, CONTENT AND/OR ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT RAVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERABILITY OF THE FOREGOING, RAVE'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ONE U.S. DOLLAR ($1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless the Company and its affiliates, partners, suppliers, and licensors, and each of their respective officers, directors, agents and employees, and their successors (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Application, Services, Content, or Third Party Content and Services; (ii) your breach of this Agreement; (iii) your violation of law; (iv) your negligence or willful misconduct; (v) any Postings or Content you Post in the Services or Application; or (vi) your violation of the rights of a third party, including infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the Agreement.
The Company does not warrant that the Application or Services will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment, or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that the Company and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
23. Governing Law.
This Agreement shall be deemed to take place in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law principles. Any disputes arising from this Agreement shall be adjudicated in the courts of the City of Hamilton. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
26. Modification or Amendment.
The Company may modify or amend the terms of this Agreement at any time, by posting a copy of the modified or amended Agreement on http://www.rave.io/Terms website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application or Services following the date in which the modified or amended Agreement is posted on http://www.rave.io/Terms. Depending on the circumstances and amendments made, Company may also decide to send you a notice electronically. If you continue to use the Application or Services after notice of the change has been given, you will be deemed to have accepted such changes.]
The following sections of this Agreement and any other provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination: 1, 2, 3b, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29.
Except as permitted in section 4, you shall not assign this Agreement or any rights or obligations herein without the prior written consent of RAVE MEDIA, INC. and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
29. Entire Agreement.