This
agreement (hereinafter, the "Agreement") between
Raw Vegan Radio (hereinafter, "RVR", "us" or "we")
and you sets forth the terms and conditions which govern your
use of any of the RVR or RVR sponsored Web sites (hereinafter,
the "Sites") and/or the services (hereinafter, the "Services")
thereon which are provided by RVR.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING
ANY OF THE SITES AND/OR SERVICES.
BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY
CEASE SUCH USE.
RVR MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED.
YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH
NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC
VERSION OF THIS AGREEMENT.
1. Limited License; Use of Services.
RVR grants to you a limited personal, non-exclusive and non-transferable
right and license to access the Sites and use the Services thereon.
Unless otherwise specified in writing, the Services are for
your personal and non-commercial use.
RVR's Services shall contain, without limitation, e-mail services,
bulletin and message boards, chat areas, news groups, forums,
communities, calendars, and various other message communication
applications.
2. Prohibited Activities.
In connection with your use of the Sites and/or the Services,
you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt
to discover the source code, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer or sell any information, software, products or
services obtained through the Sites or the Services;
b. access the Sites or Services by any means other than through
the standard industry-accepted or RVR-provided interfaces;
c. transmit any message, information, data, text, software
or image, or other content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
or otherwise objectionable which may invade another's right
of privacy or publicity;
d. impersonate any person or entity, including without limitation,
an RVR official, forum leader, chat room monitor, guide or host,
or falsely state or otherwise misrepresent your affiliation
with such a person or entity;
e. post or transmit any material that contains a virus or corrupted
data;
f. delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication
feature;
g. use of any Site or Service's communications features in
a manner that adversely affects the availability of its resources
to other users (e.g., excessive shouting, use of all caps, or
flooding continuous postings of repetitive text);
h. post or
transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other form
of solicitation or any non-resume information such as opinions
or notices, commercial or otherwise;
i. violate any applicable local, state, national or international
law;
j. upload or transmit any material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
of any party;
k. delete or revise any material posted by any other person
or entity;
l. manipulate or otherwise display the Sites and/or the Services
by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party for any RVR
product or Service if you are not expressly authorized by such
party to do so; or
n. use the Sites and/or the Services for any purpose that is
unlawful or prohibited by these terms and conditions. You may
not use the Site or the Services in any manner that could damage,
disable, overburden or impair RVR's servers or networks, or
interfere with any other user's use and enjoyment of the Sites
and/or the Services. Furthermore, you may not attempt to gain
unauthorized access to any of the Sites, Services, accounts,
computer systems or networks connected to RVR through hacking,
password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available through the Sites or the Services.
3. Billing and Renewal Transactions and Policies.
Certain products or Services may be offered for sale on the
Sites. In the event you wish to purchase or to subscribe for
any of these products or Services, you will be asked by RVR
or an authorized third party to supply certain information,
including without limitation, your full name, address, telephone
number and credit card information. You agree to provide RVR
or such third party with the foregoing information as well as
any other mandatory information that is accurate, complete and
current, and to comply with the terms and conditions of any
agreement that you may enter into governing your purchase of
the product or Service. You shall be responsible for all charges
incurred through your account as well as for paying any applicable
taxes.
Some Services offered by RVR are subscription-based services.
If you open a subscription-based account with any of RVR's Sites,
you hereby agree to pay all charges to your account, including
any applicable taxes, in accordance with billing terms in effect
at the time the fee or charge becomes payable. RVR reserves
the right to change the amount of, or basis for determining,
any fees or charges for Services we provide, and to institute
new fees, charges or terms effective upon notice to subscribers.
We reserve the right to terminate any account at any time for
any reason.
Automatic Renewal Terms
Your subscription will be automatically renewed and your
credit card will be automatically charged on a yearly, quarterly,
or monthly basis, depending upon the billing terms for your
account, for as long as you remain a member. You agree that
RVR will not be obligated to send you any renewal or advance
billing notices or confirmations that your credit card has
been charged.
Your right to use the Service or a specific product is conditional
upon our receipt of payment. If payment cannot be charged to
your credit card or if a charge is refunded for any reason,
including chargeback, we reserve the right to immediately and
without notice, either suspend or terminate your access and
account, thereby terminating this Agreement and all RVR obligations
hereunder. You are required to pay any amounts still owed to
us at the time your account is suspended or terminated.
In the event
you elect to terminate your subscription you must contact
RVR twenty-four
hours before your next billing. You
can cancel by emailing Steve(at)rawveganradio.com, Monday – Sunday,
24 hours a day. If you terminate your membership after your
membership period has begun, you will not be entitled to
a refund. If you terminate your membership in a timely manner
and for
whatever reason RVR did not cancel your account in time to
avoid the charge, you will be issued a refund. If you have
an outstanding
balance due on any RVR account, you hereby agree that RVR
may charge these unpaid fees to your credit card.
To review the billing terms of your account, you may e-mail
Steve(at)rawveganradio.com
4. Message Boards and Chat Rooms.
RVR hosts message boards, chats, and other public forums on
its Sites. Any user failing to comply with the terms and conditions
of this Agreement may be expelled from and refused continued
access to, the message boards, chats or other public forums
in the future. RVR or its designated agents may remove or alter
any user-created content at any time for any reason. Message
boards, chats and other public forums are intended to serve
as discussion centers for users and subscribers. Information
and content posted within these public forums may be provided
by RVR staff, RVR's outside contributors, or by users not connected
with RVR, some of whom may employ anonymous user names. RVR
expressly disclaims all responsibility and endorsement and makes
no representation as to the validity of any opinion, advice,
information or statement made or displayed in these forums by
third parties, nor are we responsible for any errors or omissions
in such postings, or for hyperlinks embedded in any messages.
Under no circumstances will we, our affiliates, suppliers or
agents be liable for any loss or damage caused by your reliance
on information obtained through these forums. The opinions expressed
in these forums are solely the opinions of the participants,
and do not reflect the opinions of RVR or any of its subsidiaries
or affiliates.
5. Monitoring.
RVR has no obligation whatsoever to monitor any of the content
or postings on the message boards, chat rooms or other public
forums on the Sites. However, you acknowledge and agree that
we have the absolute right to monitor the same at our sole discretion.
In addition, we reserve the right to alter, edit, refuse to
post or remove any postings or content, in whole or in part,
for any reason and to disclose such materials and the circumstances
surrounding their transmission to any third party in order to
satisfy any applicable law, regulation, legal process or governmental
request and to protect ourselves, our clients, sponsors, users
and visitors.
Materials posted and/or uploaded to the various public forums
may be subject to size and usage limitations. You are responsible
for adhering to such limitations.
6. Third Party Content.
In general, the content contained on any of the Sites or Services
is supplied by third parties and users. Accordingly, RVR is
a distributor (and not a publisher) of such content and has
no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed
or made available by third parties, including information providers,
are those of the respective authors or distributors, and not
RVR. Neither RVR nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any
content. Furthermore, RVR neither endorses nor is responsible
for the accuracy and reliability of any opinion, advice, or
statement made on any of the Sites or Services by anyone other
than an authorized RVR representative while acting in his/her
official capacity.
7. Contests and Games.
RVR often provides contests and games on its Sites. The rules,
regulations and procedures governing any of the foregoing shall
be accessible through a hypertext link prominently displayed
on the Web page where the contest or game may be located. By
entering or participating in any of them, you agree to be subject
to those rules, regulations and procedures. Please remember
to read the rules carefully before participating.
8. Accounts, Passwords and Security.
If any of the Sites or Services require you to open an account,
you must complete the registration process by providing RVR
with current, complete and accurate information, as prompted
by the applicable registration form. You acknowledge that by
providing any information to RVR which is untrue, inaccurate,
not current or incomplete, RVR reserves the right to terminate
this Agreement and your continued access and use of the Sites
and/or the Services.
As part of the registration process, you will be asked to select
a username and password or one will be issued to you by a Customer
Support Representative. You are entirely responsible for maintaining
the security and confidentiality of your account and password.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED
THROUGH YOUR ACCOUNT. You agree to notify RVR immediately of
any unauthorized use of your account or any other breach of
security. RVR will not be liable for any loss that you may incur
as a result of someone else using your password or account,
either with or without your knowledge. However, you may be held
liable for any losses incurred by RVR or another party due to
someone else using your account or password.
9. Disclaimer Regarding Links.
The links
on any of the Sites and/or Services will let you leave the
particular
Site or Service you are accessing in order
to access a linked site (the "Linked Sites"). RVR
provides these links as a convenience, but we neither control
nor endorse these Linked Sites, nor has RVR reviewed or approved
the content which appears on the Linked Sites. RVR is not
responsible for the legality, accuracy or inappropriate nature
of any content,
advertising, products or other materials on or available
from any Linked Sites. You acknowledge and agree that RVR
shall not
be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with
the use of any of the links, content, goods or services available
on or through the Linked Sites.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with
any third party found on or through our Sites and Services,
regarding payment and delivery of specific goods and services,
and any other terms, conditions, representations or warranties
associated with such dealings, are solely between you and such
third party. You agree that RVR shall not be responsible or
liable for any loss, damage, or other matters of any sort incurred
as the result of such dealings.
11. Proprietary Rights.
You acknowledge and agree that the Sites and Services contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws, and are the
sole property of RVR or its licensors. You further acknowledge
and agree that any content contained in advertisements or information
presented to you through advertisers concerning RVR or otherwise
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws.
By sending
or transmitting to us creative suggestions, ideas, notes,
concepts, information,
or other materials (collectively, " Submission
Materials") or by posting such Submission Materials on
the Sites, you hereby grant to us and our designees a worldwide,
non-exclusive, sublicensable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable right to use, reproduce,
distribute (through multiple tiers), create derivative works
of, publicly perform, publicly display, digitally perform,
make, have made, sell, offer for sale and import such Submission
Materials
in any media now known or hereafter devised, for any purpose
whatsoever, commercial or otherwise, without compensation
to you, the provider of the Submission Materials. The foregoing
license to RVR shall be fully paid-up and royalty free. In
addition,
under no circumstances shall RVR have any obligation whatsoever
to pay a fee to any subscriber or user in connection with
the Submission Materials upon the occurrence of a transfer
of all
or any portion of RVR's business through a merger, sale or
transfer of all or substantially all of the assets of RVR,
nor shall
the sale of advertising on any of the Sites give rise to
any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message
boards, chats or other public forums shall be subject to any
obligation, whether of confidentiality, attribution, or otherwise,
on RVR's part and we shall not be liable for any use or disclosure
of any such Submission Materials.
12. Copyright Policy.
The Digital
Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under the
U.S. copyright law. If you believe in good faith that materials
hosted
by RVR infringe your copyright, you, or your agent may send
to RVR a notice requesting that the material be removed or
access to it be blocked. Any notification by a copyright
owner or a
person authorized to act on its behalf that fails to comply
with requirements of the DMCA shall not be considered sufficient
notice and shall not be deemed to confer upon RVR actual
knowledge of facts or circumstances from which infringing
material or
acts are evident. If you believe in good faith that a notice
of copyright infringement has been wrongly filed against
you, the DMCA permits you to send to RVR a counter-notice.
All notices
and counter notices must meet the then current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright
for details.
13.
Privacy.
We RVR are committed to protecting your privacy. We
do not sell or exchange email addresses or any other personal
contact information provided during the registration process,
unless explicitly approved by the user. All email distributions
are managed and controlled by Thebestdayever.com. We respect
your time and attention by controlling the frequency of our
mailings.
14. Disclaimer of Warranties.
THE SITES
AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES
DISPLAYED, ACCESSED
OR OBTAINED ON OR THROUGH THE
SITES AND SERVICES ARE PROVIDED "AS IS", "AS
AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY
OF
THE FOREGOING, RVR AND ITS AFFILIATES, SUPPLIERS, AND AGENTS
DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE
OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL
OF THE
TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE,
OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS
ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE
CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S)
ON
WHICH
THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES
AND
ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES
AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability.
NEITHER RVR NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS,
AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE
ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF
OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE
THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE
SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED
OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES;
(iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE
SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF
ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi)
ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE
TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON
THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING
TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL RVR'S TOTAL
LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
16. Professional Advice Disclaimer.
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION
AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT
RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU
HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD
ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH
RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF
SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION
PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH
ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE,
THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF
THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES,
WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR
PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS
OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND RVR MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD,
DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS
AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE
GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE
THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE
PARTICULAR MATERIAL.
17. Indemnification.
You agree to indemnify, defend, and hold RVR and its subsidiaries,
affiliates, officers, directors, agents, co-branders or other
partners, employees, and representatives harmless from and against
any and all claims, damages, losses, costs or expenses (including
reasonable attorneys' fees and disbursements) which arise directly
or indirectly out of or from (i) your breach of this Agreement,
(ii) any allegation that any materials that you submit to RVR
or post on any forums (e.g., message boards, chat rooms) infringe
or otherwise violate the copyright, trade secret, trademark
or other intellectual property rights of a third party, and
(iii) your access or use of the Sites and/or the Services. This
Section 17 shall survive in the event this Agreement is terminated
for any reason.
18. Jurisdictional Issues.
RVR makes no representation or warranty that the content and
materials on the Sites and/or the Services are appropriate or
available for use in locations outside the United States. Those
who choose to access the Sites or use the Services from other
locations do so on their own initiative and at their own risk,
and are responsible for compliance with local laws, if and to
the extent applicable. RVR reserves the right, at any time in
our sole discretion, to limit the availability and accessibility
of the Sites and/or the Services to any person, geographic area,
or jurisdiction we so desire, and to limit the quantities of
any such Service or products that we provide.
19. Termination.
This Agreement shall remain effective until terminated in accordance
with its own terms and conditions. You agree that RVR, in its
sole discretion, may terminate your password, account (in whole
or in part), or use of the Sites or Services, and remove and
discard any content within the Sites, at any time and for any
reason. You agree that any actions taken under this Section
19 may be effective without prior notice to you. In the event
of termination, however, those Sections in this Agreement which
provide for continuing obligations on your part shall survive
indefinitely.
20. General Information.
This Agreement constitutes the entire agreement and understanding
between you and RVR and governs your use of the Sites and
the Services, superseding any prior agreements between you
and RVR. This Agreement and the relationship between you and
RVR shall be governed by and construed in accordance with
the laws of the State of California, without regard to its
conflict of law provisions. You and RVR irrevocably agree
to submit to the personal and exclusive jurisdiction of the
federal and state courts located within the county of Los
Angeles, in the State of California, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts. The
failure of RVR to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found
by a court of competent jurisdiction to be unlawful, void
or for any reason unenforceable, then that provision shall
be deemed severed herefrom and shall not affect the validity
and enforceability of any remaining provisions. The section
titles in this Agreement are for convenience purposes only
and have no legal or contractual effect. This Agreement is
not assignable, transferable or sub-licensable by you except
with our prior written consent. However, we may assign this
Agreement to any third party whom we choose without your consent.
No waiver by RVR of any breach or default hereunder shall
be deemed a waiver of any preceding or subsequent breach or
default.
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