YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES ("TERMS") CONTAINED IN THIS AGREEMENT.
MODIFICATIONS TO THE TERMS OF SERVICE
Revudio, Revudio.com and Network Local, LLC (collectively, "Revudio") may modify the Terms from time to time in our sole discretion. Any modifications will be posted on the revudio.com website and are effective immediately upon posting. Please review these Terms on a regular basis as revised versions will be binding on you. If we make material changes to these Terms, we will notify you by email or by posting a notice on revudio.com prior to the effective date of any material change. You agree that your continued access to the website after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Revudio provides ratings and reviews from users of the Service on a variety of businesses, product and service providers (collectively, "Subscribers"). These Terms apply to all users or Subscribers of the Service, which includes any users or Subscribers who access, use or contribute Content on the Service. ("Content" includes text, photos, videos, software, scripts, graphics, sounds, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.)
REGISTRATION AND ACCOUNT INFORMATION
You agree to provide Revudio with accurate, current and complete information when registering for or using the Service.
Subscribers will have to create a Revudio account. You are solely responsible for the activity that occurs on your account. You are prohibited from using another's account without permission. You are responsible for maintaining the security and confidentiality of your account password. You must notify Revudio immediately of any breach of security or unauthorized use of your account.
You agree that Revudio is not liable for your losses caused by any unauthorized use of your account. You also agree that you may be liable for Revudio's losses due to such unauthorized use.
USE OF THE REVUDIO WEBSITE
- Permission: Revudio grants you permission to use this website subject to the Terms. Your use of the website is solely at your own risk. These risks include your potential exposure to Content that may be considered offensive, inaccurate, objectionable, or otherwise inappropriate.
- Age Restrictions: To access the website, you must be 18 years or older and have the requisite power and authority to enter into these Terms.
- Availability: The website may be modified, delayed, interrupted, or discontinued at any time without notice or liability. Revudio is not responsible for any delays, failures or other damage resulting from such unavailability.
BUSINESS AND SERVICE SUBSCRIBERS
Revudio is not responsible or liable and does not guarantee or endorse any Content, information, advertising, products, goods or services from its Subscribers. You are solely responsible for your use or reliance on any Subscriber's Content, advertisement, products, goods or services and any other terms, conditions, representations or warranties associated with these Subscribers. Revudio is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with reliance or use of these Subscribers. You waive the right to bring or assert any claim against Revudio relating to any interactions with any Subscribers and release Revudio from any and all liability for or relating to any interactions with these Subscribers.
Revudio owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with our Content and the website. Revudio also owns the Revudio Content, including but not limited to our compilations, interactive features, graphics, designs, computer code, products, software, and all other components of the website. These rights are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You are prohibited from changing, distributing, reproducing, creating derivative works, publicly displaying or in any way exploiting any of the Content in whole or in part except as expressly authorized by Revudio.
Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Content and our website are retained by Revudio.
If you provide Content to our website, you agree that Revudio can use ("use" includes use, copy, publicly perform and display, reproduce, distribute, modify, analyze, and prepare derivative works) your Content by publicly displaying it, incorporating it into advertisements, banners and other works, creating derivative works from it, promoting or distributing it, and allowing our Subscribers to do the same in connection with their own websites, emails, advertising, reviews, banners, scripts and other media services. You hereby irrevocably grant us a perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. You also irrevocably grant the users of the website the right to access your Content in connection with their use of the website and advertisements. You also irrevocably waive against Revudio and its users any claims and assertions of moral rights or attribution with respect to your Content.
RESPONSIBILITY FOR YOUR CONTENT AND PUBLICATION OF CONTENT
You assume all risks associated with your Content, including anyone's reliance on its truthfulness, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You agree that you assume the risks and responsibilities associated with the use, accuracy, or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. You represent and warrant that you own, or have the necessary rights and/or permissions to use and authorize the use of your Content, including but not limited to any rights of privacy or rights of publicity from any person or entity that you videotape, film or record in any manner. You agree that the Content you submit to the Service and the website will not contain copyrighted material owned or licensed by a third party, or material that is subject to other third person’s or entity’s proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Revudio all of the license rights granted herein. You are solely responsible for your Content.
Revudio does not guarantee the accuracy, truthfulness, quality or appropriateness of any Content on our website or through the Service. Revudio has no obligation or responsibility to screen, monitor or approve any Content posted by you or other users. You affirm and agree that Revudio is a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any Content posted by users in response to other user's Content. You bear all risks associated with the use of any Content and Subscriber Content.
Revudio is not liable in any way for any Content including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Revudio relating to Content and release Revudio from any and all liability for or relating to any Content. Revudio has the right to review and delete any Content that violates these Terms.
Subscribers must obtain the express consent of any person or entity whose photograph, image, likeness or other identifiable information is filmed, photographed, videotaped, digitally imaged or visually or audibly recorded by the Subscriber or any agent, employee, person under the direction or control or request or on behalf of the Subscriber.
Any Subscriber that uses or seeks reviews or ratings of its present, past or future employees on this website, must obtain the express written consent of any employee to use their photograph, image, likeness or other identifiable information prior to use on the Revudio website. Only the first name and last initial of the Subscriber's employees may be used on this website. A Subscriber's employee is not allowed to use, post, copy, or record any ratings or reviews of themselves without the express written consent of Revudio.
YOUR CONDUCT AND RESTRICTIONS
You are prohibited from and represent, warrant and agree not to do any of the following:
- Violate or breach the Terms;
- Submit any ratings or reviews that may be considered by Revudio to be unlawful, offensive, harassing, libelous, threatening, obscene, defamatory, invasive of another person's privacy or proprietary rights;
- Submit a false rating or review;
- Breach or violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right and remove or modify any copyright, trademark or other proprietary rights notice that appears on Revudio's website or on any materials copied from the website;
- Harass, stalk, or harm users or Subscribers or other persons or entities accessing this website; promote discrimination; submit or transmit pornography; or solicit personal information from minors;
- Spam, send mass emails, or attempt to manipulate the Revudio's website search results or any third party website;
- Modify, reproduce, distribute, create derivative works, publicly display, sell, trade, or exploit Revudio, its website or other users’ Content except as expressly authorized by Revudio;
- Reverse engineer the Revudio website or transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Revudio's website or the Content or make excessive traffic demands of the Revudio website;
- Use or attempt to use another's access or account to this website without permission, make unauthorized access to this website or its computer systems or networks through hacking, password mining or any other means; violate the security of any computer network, passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the website or its Content; or
- Use any device, software or interfere with the functions of the Revudio's website or its security features.
Revudio assumes no responsibility and is under no obligation to enforce the Terms on your behalf against another user or Subscriber.
The Service may contain links to third party websites. These third party websites are not owned or controlled by Revudio. Revudio has no control over or responsibility for the content, privacy policies, or practices of any third party websites. Revudio will not censor or edit the content of any third party website. You expressly relieve Revudio from any and all liability arising from your use of any third party website.
PLEASE READ THE DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY BELOW CAREFULLY SINCE IT LIMITS THE LIABILITY OF NETWORK LOCAL, LLC, REVUDIO, REVUDIO.COM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "REVUDIO PARTIES") TO YOU. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER PROVISION IN THESE TERMS, PLEASE CONSULT WITH AN ATTORNEY PRIOR TO ACCESSING THE SITE. BY ACCESSING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THESE SECTIONS.
LIMITATION OF LIABILITY
THE REVUDIO PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) INJURY OR DAMAGE TO PERSONS, ENTITIES OR PROPERTY OF ANY NATURE RESULTING FROM YOUR ACCESS TO REVUDIO’S SERVICES, (III) LOSS OF PROFITS, (IV) REPUTATIONAL HARM, (V) LOSS OF INFORMATION OR DATA; (VI) ANY UNAUTHORIZED ACCESS TO REVUDIO’S SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (VIII) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR DEVICES OR PROGRAMS THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (IX) BUSINESS INTERRUPTION OR (X) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH REVUDIO’S SERVICES AND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE USER OR SUBSCRIBER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
YOU ACKNOWLEDGE THAT THE REVUDIO PARTIES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS SOLELY YOUR RESPONSIBILITY.
THE PURCHASE AND USE OF PRODUCTS OR SERVICES BY YOU OFFERED BY ANY SUBSCRIBERS OR THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE REVUDIO PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING ANOTHER USER'S OR SUBSCRIBER’S MISUSE OF YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE INTERACTION WITH OUR SUBSCRIBERS OR THIRD PARTIES ON THE WEBSITE.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE WEBSITE.
THE REVUDIO PARTIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO THE REVUDIO PARTIES IN CONNECTION WITH THE WEBSITE IN THE ONE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) $100.
YOU AND REVUDIO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE REVUDIO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THESE SERVICES. THE REVUDIO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED ON OUR SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY SIMILAR DEVICES, PROGRAMS, OR CODES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE REVUDIO PARTIES MAY NOT SCREEN, MONITOR, OR CONTROL SUBSCRIBER OR USER CONTENT. YOUR USE OF THE SITE IS AT YOUR RISK. THE REVUDIO PARTIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THIS WEBSITE, ITS SECURITY, OR THE CONTENT. THE REVUDIO PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, INCLUDING BUT NOT LIMITED TO THE WEBSITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SUBSCRIBERS’ RATINGS, REVIEWS OR SUBSCRIBER INFORMATION ACCESSIBLE THROUGH THE WEBSITE.
THE REVUDIO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY SUBSCRIBERS ON THE WEBSITE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WRITTEN OR ORAL INFORMATION PROVIDED TO YOU BY A REPRESENTATIVE OF THE REVUDIO PARTIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD NETWORK LOCAL, LLC, REVUDIO, REVUDIO.COM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM HARMLESS, INCLUDING COSTS, LIABILITIES AND LEGAL FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS, OR USE OR ACCESS TO THIS WEBSITE, INCLUDING ANY PRODUCTS OR SERVICES OBTAINED BY YOU IN CONNECTION WITH THIS WEBSITE, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
REVUDIO RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS, WHICH WILL BE AT YOUR EXPENSE. YOU AGREE NOT TO SETTLE ANY SUCH MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent of such owner and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") under 17 U.S.C 512(c)(3), by providing our Copyright Agent with the following information in writing:
- Identification of the alleged copyrighted work purportedly infringed;
- Identification of the allegedly infringing material or subject of infringing activity, which is to be removed along with information reasonably sufficient to permit Revudio to locate the material;
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Your contact information, including an address, telephone number, and an electronic mail or information reasonably sufficient to permit Revudio to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Revudio's designated Copyright Agent to receive notifications of claimed infringement is S. Santos, email: [email protected]. Only DMCA notices should go to the Copyright Agent. You agree and acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content, which was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Identification of the Content that has been removed or disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Vancouver, Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a counter-notice is received by the Copyright Agent, Revudio may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 21 business days. Unless the copyright owner files an action seeking a court order against the Content provider, Subscriber or user, the removed Content may be replaced, or access to it restored, in 21 business days or more after receipt of the counter-notice, at Revudio's sole discretion.
Revudio will charge Subscribers a membership fee to use the Service and list their business, products and services on the revudio.com website. You acknowledge and agree that Revudio reserves the right to modify its membership fees and billing methods at any time. If there is an increase in the membership fee, Revudio will notify you prior to any automatic renewal. Revudio will automatically renew your membership using the credit card, debit card or other payment information provided to Revudio on a month-to-month basis at the membership fee. Each monthly renewal payment will take place on or about your expiration date. Subscribers may cancel their membership at any time upon written notice to Revudio or simply login and cancel the account in their admin panel. Unless a membership plan is cancelled or terminated upon written notice to Revudio, all membership plans will be automatically renewed.
Revudio has sole discretion in determining whether certain Content from users or Subscribers violates these Terms for reasons other than copyright infringement, including but not limited to obscenity, harassing, offensive or discriminatory Content. Revudio may at any time, without prior notice and in its sole discretion, remove such Content or terminate a user's or Subscriber’s account for submitting such material in violation of these Terms.
Subscribers’ membership will continue for automatic subscription renewals until termination by either party in accordance with the Terms. If Revudio terminates your account and you are not in breach of these Terms, Revudio will refund your monthly membership fees on a pro rata basis from the date of such termination to the end of the then current term.
These terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Revudio without restriction.
CHOICE OF LAW
Washington law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Revudio parties, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Vancouver, Washington.
- Severability: If any subpart or provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- Waiver: No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Revudio's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Modification: Revudio reserves the right to modify, update, or discontinue the website at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by communications through the website.
- Third-party Rights: Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- Entire Agreement: The Terms contain the entire agreement between you and Revudio regarding the use of this website, and supersedes any prior agreement between you and Revudio on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.