RIVERS RUN RED TERMS OF USE
Effective November 5, 2008
Welcome, and thank you for visiting RiversRunRed.com. Please read these Terms of Use (“Terms”) carefully before using this Site. By using and or visiting this Site, you signify your assent to both these Terms and the terms and conditions of Rivers Run Red’s Privacy Policy, which are published at http://riversrunred.com/privacy, and which are incorporated herein by reference. If you do not agree to these terms, do not use this Site.
General
This website (this “Site”) is hosted and created by Rivers Run Red Inc. (“Rivers Run Red” or “we”). Rivers Run Red reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Persons who visit this Site (“you”) thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of these changes.
Our Intellectual Property Rights
The content on this Site, including without limitation, any text, videos, graphics, photos, sounds, illustrations and animations and any trademarks, service marks and logos contained therein, including but not limited to the trademarks RIVERS RUN RED, RIVERS RUN RED IMMERSIVE BRANDSPACES, RIVERS RUN RED IMMERSIVE WORKSPACES, AND RIVERS RUN RED IMMERSIVE SPACES COMPANY (collectively “Content”) are owned by or licensed to Rivers Run Red unless stated otherwise, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may use Content purposely made available by Rivers Run Red for downloading from this Site, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information only for your personal, non-commercial informational purpose and pursuant to any licenses associated with such Content, (3) do not copy or post such information on any networked computer or broadcast it in any media, (4) make no modifications to any such information, and (5) do not make any additional representations or warranties relating to such information.
Modification of any Content or use of any Content for any other purpose is a violation of the copyrights and other proprietary rights of Rivers Run Red, or of other entities or persons where so indicated, unless Rivers Run Red or the owner has provided said Content for such express purpose. Permission for all other uses of Content contained herein, including reproducing and distributing multiple copies, using Content on any other website or networked computer, linking to any page at this Site except the “home page” (http://riversrunred.com), using imagery or photography for editorial use or using imagery or text for conferences, must be obtained from Rivers Run Red or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Rivers Run Red should be submitted via an email to louise@riversrunred.com. All design rights, compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Rivers Run Red.
User Submissions
Rivers Run Red does not accept or consider unsolicited ideas relating to the Site or any products or services available by or through it, including ideas for new promotions, products, technologies or processes (collectively, “User Submissions”). You must not transmit any User Submission to or through this Site or to us through email that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is a) truthful, accurate, and not misleading, b) offered in good faith, and c) that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to Rivers Run Red’s Privacy Policy.
Except as expressly provided in Rivers Run Red’s Privacy Policy, you agree that by submitting User Submissions to Rivers Run Red, including any concepts, know-how or ideas, you hereby grant Rivers Run Red a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions in connection with this Site and Rivers Run Red’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others.
Use of Services
Rivers Run Red may provide certain services through this Site or other website controlled by Rivers Run Red. Such services may require that you agree to additional terms and conditions applicable to such services and/or any software provided as part of such services. Those terms and conditions will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate.
Site Security
You must exercise caution, good sense and sound judgment in using this Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Rivers Run Red will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other Prohibited Activities
In using this Site, you agree not to:
Send or otherwise transmit to or through this Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way;
Restrict, discourage or inhibit any person from using this Site, disclose personal information on this Site or obtained from this Site or collect information about users of this Site;
Gain unauthorized access to this Site to other users’ names or personally identifiable information, or to other computers or websites connected or linked to this Site;
Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through this Site or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
Violate any applicable laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.
Links to Other Websites
As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Rivers Run Red’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Rivers Run Red. Rivers Run Red is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Rivers Run Red of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
Jurisdictional Issues
This Site is controlled and operated by Rivers Run Red Inc. Rivers Run Red makes no representation that materials in the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
Termination
Rivers Run Red may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, User Submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Site is terminated pursuant to these Terms, you will not attempt to use this Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.
Disclaimer
THE CONTENT IN THIS SITE AND OUR SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RIVERS RUN RED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RIVERS RUN RED DOES NOT WARRANT THAT THIS SITE, OUR SERVICES OR THE CONTENT WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIVERS RUN RED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR OUR SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RIVERS RUN RED BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, OUR SERVICES OR THE CONTENT ON THEM, EVEN IF RIVERS RUN RED OR A RIVERS RUN RED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend and hold Rivers Run Red and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.
Children
This Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access this Site at any time or in any manner. By using this Site, you affirm that you are over the age of 13. Rivers Run Red does not seek through this website to gather personal information from or about persons under the age of 13.
Privacy
Use of this Site is also governed by Rivers Run Red’s Privacy Policy, available at http://riversrunred.com/privacy and in the footer of this Site.
COPYRIGHT AGENT
If you believe that your copyrighted work has been infringed through this Site or any services available by Rivers Run Red through this Site, please forward the following information in writing to our Copyright Agent named below:
Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works through the Site or its services are covered by the notice, identify a representative list of such works;
Identify the material that you claim is infringing, or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; and
A statement by you, made under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Our Copyright Agent is:
Justin Bovington
justin@riversrunred.com
245 5th Street, Unit 313
San Francisco, CA 94103
Other
By choosing to visit this Site or otherwise provide information to Rivers Run Red, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of San Francisco County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions or complaints regarding these Terms, please submit your questions or complaints to louise@riversrunred.com. We will endeavor to respond to you promptly.