THESE TERMS WILL GOVERN YOUR USE OF THE SITE AND THE SERVICES, AND YOU SHOULD READ THEM CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY SERVICES. BY ACCESSING THE SITE OR USING ANY SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH (OR OTHERWISE INCORPORATED) HEREIN. IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE AND ANY SERVICES.
- BINDING EFFECT. This is a binding agreement. By using the Site and the Services, you agree to abide by these Terms, as they may be amended by RealRyder from time to time in its sole discretion. We may, in our sole discretion, amend or revise these Terms at any time, and by continuing to use the Site or any Services, you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms, you should nevertheless periodically review these Terms from time to time to make sure you are in agreement with the most up-to-date version. If at any time you find these Terms unacceptable, you must immediately leave the Site you are then visiting and cease all use of the Site and the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR ANY SERVICES AS THESE TERMS CREATE BINDING LEGAL OBLIGATIONS AND LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SITE OR ANY SERVICES.
- ADDITIONAL TERMS. By using the Site and our Services, you further agree that you will comply with any additional terms that we may provide to govern certain products or services that we offer from time to time (“Additional Terms”); we will present any such Additional Terms in conjunction with the applicable products and services. We may also require your agreement to rules of participation (“Rules”) for activities and services such as (by way of example only) award programs, special promotions, contests or sweepstakes. Any Additional Terms or Rules that we promulgate are hereby incorporated in these Terms by this reference. In addition, we reserve the right to modify or terminate any award programs, special promotions, contests or sweepstakes at any time in our sole discretion and without notice.
- CONTACT INFORMATION. If you have any questions concerning us, the Site, the Services, these Terms, or anything related to any of the foregoing, we can be reached at the following email address or via the contact information available from the following hyperlink:
- LIMITATIONS ON USE OF THE SITE AND THE SERVICES. You understand and agree to the following restrictions and limitations on your use of the Site and the Services, and further agree that any violation of these Terms (including, but not limited to, the following restrictions and limitations) may result in the suspension or termination of your account and cause you to lose your ability to access and use the Site and the Services. In addition, we may suspend your ability to use or access the Site and the Services at any time while we investigate complaints or alleged violations of these Terms, or for any other reason within our sole discretion.
5.1 ELIGIBILITY. Use of the Site and the Services is void where prohibited. The Site and the Services are intended solely for users who are thirteen 13 years of age or older. Any use of or access to the Site or any Services by anyone under 13 is unauthorized and in violation of these Terms. By using the Site or any Services, you represent that you are at least 13 years old, and that you understand and agree to abide by all of the terms and conditions of these Terms.
5.2 ACCURACY OF INFORMATION. Some Services permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you may only use your own account to access the Site and any Services we offer. You may not under any circumstances use the account, username, or password of someone else at any time. Allowing someone else to use your account, or using someone else’s account to access the Site or the Services is grounds for suspension or termination (in our sole discretion) of the offending users and accounts used for access.
5.3 RESTRICTED BEHAVIOR AND CONTENT. The rules of conduct set forth in Section 8 below apply to the Site and all Services, and you must comply with those rules of conduct at all times when visiting the Site or using any Services or any features that we may offer or that may be available from the Site or through any Services. Your violation of the rules of conduct will constitute a breach of these Terms, and in addition to suspending or terminating your account and your access to and use of the Site and the Services, we reserve the right to take any and all legal actions that may be available to use as a result of such breach.
- ACCOUNT SECURITY. You are entirely responsible for maintaining the confidentiality of any password and other account information that you create in order to access or use the Site or the Services. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password
- USE OF SOFTWARE. Use of the Site and the Services may require you to use software provided by or operated from the Site or through the Services, and on occasion we may make certain software (which may include, without limitation, video files or product manuals) available to you from the Site or via the Services. To the extent you use such software or download such software from the Site or with the Services, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software (except as we otherwise agree in writing), nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
- TRADEMARK INFORMATION. The RealRyder name and logo, together with our other trademarks, trade names, logos and product and service names, are trademarks of RealRyder, and you may not copy, use or display them in any manner without our prior written consent, which we may withhold in our sole discretion. [Reference to brand usage agreement?]
- USER MATERIALS. The Site and some of the Services may request and even invite comments, “likes,” votes and other content from their users, and may allow interaction by and among Site users by permitting those users to participate in forums, submit comments, provide posts and other content to web logs (or “blogs”) provided by RealRyder and by third parties. As a result, you may from time to time have the opportunity to provide us with content that you generate in connection with your use of the Site and the Services, and certain, important terms and conditions apply to any such content that you elect to provide, as follows:
9.1 USER CONTENT DEFINED. As used in these Terms, “User Content” refers to any comments, messages (whether text, email, video, multimedia or otherwise), blog posts, pitches, suggestions, stories, images, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, and/or other materials (whether or not similar to the foregoing) that you submit, post, upload, transmit, display, communicate or otherwise distribute on or through the Site or any Services, as well as any names (whether yours or someone else’s), likenesses, voices, usernames, user profiles, appearances, and/or other biographical information that may be included in any of the foregoing. User Content also includes any and all ideas, concepts, inventions, instructions, methods or processes that are underlying or incorporated into any materials that you provide to us.
9.2 LICENSE GRANT. By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to us through the Site or using any Services, you are granting us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license in any and all media (whether now known or hereafter discovered) under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows:
(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on the Site, through the Services, through our various social media outlets, on partner websites and other third-party websites, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop (including products developed after the date of your contributions), and on physical media.
(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the Site (including any social media presence we maintain on third-party websites or through third-party applications) and the Services, and we can do so without further notice to you, and without obtaining your permission or making any payment to you or to any other person or entity for such use.
(c) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. if you have provided us with your name or otherwise used your name to identify your User Content, we may elect to publish or otherwise disclose your name in connection with your User Content, but we will have no obligation to do so.
(d) By providing User Content to us or to or through the Site or any Services, you represent and warrant to us that you own the rights to the User Content or are otherwise authorized to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content, and you further represent, warrant and agree that your User Content and your submission thereof is in compliance with the rules of conduct and other requirements set forth in Section 8 below and with all other terms of these Terms.
9.3 PUBLIC FORUMS. The Site and the Services may contain areas or features that offer users the opportunity to provide User Content in a way that makes it available for viewing by other users. These areas or features may include, by way of example only, Facebook, Twitter and Google+ pages, mobile applications, chat rooms, message boards, instant or mobile messaging services, user blogs, comments and user email accounts. You understand and agree that any such areas and features are intended for public communications only, and you that have no expectation of privacy with regard to any User Content that you provide using any such areas or features. Disclosures made using these areas or features are at your own risk, and we make no guarantee regarding the privacy or security of any information you disclose through any of these areas or features. You are and shall remain solely responsible for the User Content provided using your account on or through the Site or any Services, and we will have no duty to monitor any of the areas or features described in this paragraph.
- USER CONDUCT.
10.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, and when providing any User Content to or through the Site or any Services, you agree to obey the law and to respect the intellectual property rights of RealRyder and of others. Your use of the Site and the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, or otherwise distribute User Content in violation of RealRyder’s or any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any User Content does not violate any laws or rights rests solely with you.
10.2 INAPPROPRIATE CONTENT. You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth in Section 10.3 below; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your ability to provide and/or receive any such material using the Site or the Services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
10.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or any Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated Services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from the Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Site, any Services or our servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or any Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by RealRyder in providing the Site or the Services. Any violation of system or network security may subject you to civil and/or criminal liability, and may result in a temporary or permanent loss of your ability to access and use the Site and the Services.
10.4 ALLEGED VIOLATIONS; TERMINATION OF ACCESS. We reserve the right to terminate your use of the Site and the Services at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the Site and the Services, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site and/or the Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms, furnished us with false or misleading information, or interfered with use of the Site or any Services by others.
- COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. We have adopted a policy (our “DMCA Policy”) for responding to allegations of infringement, and that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of RealRyder or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the material that is claimed to be 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 (such as a URL);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (d) 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;
(e) a statement that the information in your notice is accurate, and that, under penalty of perjury, you are authorized to act on behalf of the owner of the material being infringed; and (f) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it in writing to our designated agent, who may be reached at the following address:
3200 Airport Avenue, Unit 21
Santa Monica, California 90405
- NO WARRANTIES. WE ARE MAKING THE SITE AND THE SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALRYDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. REALRYDER DOES NOT WARRANT THAT THE SITE OR ANY SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
13.1 DISCLAIMER REGARDING IMAGES APPEARING ON THE SITE. REALRYDER MAKES ALL REASONABLE EFFORTS TO ACCURATELY REPRESENT AND DISPLAY PRODUCTS THAT APPEAR ON THE SITE, INCLUDING (WITHOUT LIMITATION) PRODUCT SIZES, COLORS AND FEATURES. THE ACTUAL APPEARANCE OF PRODUCTS WILL DEPENED ON YOUR MONITOR, COMPUTER, MOBILE DEVICE OR OTHER DISPLAY, AND WE CANNOT GUARANTEE THAT YOUR DISPLAY WILL ACCURATELY DISPLAY PRODUCT COLORS AND OTHER FEATURES. IN ADDITION, THE INCLUSION OF AND PRODUCTS OR SERVICES ON THE SITE OR IS NOT A GUARANTEE AND IS NOT MEANT TO IMPLY THAT THOSE PRODUCTS OR SERVICES WILL BE AVAILABLE FOR YOU AT ANY TIME.
13.2 FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THIS SITE FOR THE PURPOSE OF PROVIDING EDITORIAL, FITNESS AND RELATED LIFESTYLE CONTENT, TOOLS AND SERVICES THAT WE BELIEVE OUR USERS WILL USE AND ENJOY, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THE SITE AND TO UPDATE THE SITE REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED HERE, OR ON ANY SITE ACCESSIBLE FROM HERE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU UNDER THESE TERMS BY REALRYDER. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE SITE AND/OR THE SERVICES OR ALTER OR DELETE THE SITE OR THE SERVICES OR ANY OF THEIR CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.
- AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with or made available by the Site or through the Services. Because RealRyder has no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site or the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
- INDEMNITY. You agree to indemnify and hold harmless RealRyder, its affiliates, members, managers, officers, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or any Services, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All contents of the Site are: Copyright © RealRyder and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at the address set forth in Section 3 above.
- GOVERNING LAW. These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site, the Services or any actions or transactions related to your use thereof or to these Terms.
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site or available through the Services should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party, or any rights to our content broader than or otherwise in excess of the rights expressly granted under these Terms.
- CALIFORNIA USE ONLY. The Site and the Services are controlled and operated by RealRyder from its offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site and the Services should not be construed as RealRyder purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site or the Services or any of the content or services they offer; and (c) discontinue the Site or any Services at any time. We will post any revision to these Terms to the Site, and the revision will be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site and accessible through the Services periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or any Services following any such revision, you will abide by the then-current.