Your Use of the Site
You may need to register to use any part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password or your Site account.
All rights in any products available through the Site, such as music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, artwork, text, and other copyrightable materials (collectively, the “Products”) are owned by us, our affiliates and/or our (or their) licensors. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, our affiliates and/or our licensors, you have a limited right to use those Products that you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below.
Ownership of Copyright
We, our affiliates and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
We, our affiliates and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Site, including without limitation ROWDY HOUSE. All trademarks and service marks on the Site not owned by us or our affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
Provided that you pay all applicable fees and retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use if the Site allows for such downloads. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
User Submitted Content
Users of the Site may be offered an opportunity to submit content in the form of written submissions and audio or video recordings (“Submissions”). For purposes of clarity, you retain ownership of any Submissions that you post, subject to the terms and conditions of this Agreement (including the license grant below). By submitting Submissions, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you agree to the following terms:
- You agree to not impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree that all information you provide to us is true, accurate and complete, and you will maintain and update such information regularly.
- You will not post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
- Any material (a) that would give rise to criminal or civil liability; (b) that encourages conduct that constitutes a criminal offense; (c) that promotes gambling; or (d) that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material non-public information about a company without the proper authorization to do so.
- You will not use the Site for any fraudulent or unlawful purpose.
- You will not use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- You will not interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- You will not restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
- You will not use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
- You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Except as expressly permitted by applicable law, you will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- You will not remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- You will not frame or mirror any part of the Site without our express prior written consent.
- You will not create a database by systematically downloading and storing all or any Site content.
- You will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.
- You agree to not submit Submissions that contains links to products, services or web pages that are not related to the topics being discussed on the Site.
- You agree that we may elect in our sole discretion not to post Submissions that you submit on our Site.
- You agree that, if we elect to post Submissions that you submit on our Site, then, while we have no duty to do so, we have the right to screen, edit or remove such Submissions in our sole discretion.
License to Us
Each time that you send us an e-mail, send us data or information through this Site, or otherwise communicate with us through our Site, or provide us Submissions you grant us and our affiliates a perpetual, non-exclusive, royalty-free, unrestricted, fully sublicenseable, irrevocable, transferable, worldwide license to (i) use, display, sublicense, adapt, transmit and copy, communicate to the public, perform, edit, modify, create derivative works from such e-mail, data, information, Submissions or other communications in any format or media now known or hereafter developed, on or in connection with the Site or any of our (or our affiliates’) similar services or products (e.g., any web sites, and any desktop, mobile or other applications, widgets or APIs) (such services or products, collectively, the “Site-Related Services”); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Site-Related Services, in each case, in connection with your Submission; and (iv) use your Submission (including the contents thereof) for any promotional or other business purposes related to the Site and the Site-Related Services. For the purpose of clarification, nothing in this Agreement shall be deemed to authorize you to incorporate into any Submission any content or material owned by us. The foregoing grant includes the right for us to exploit such e-mail, data, information, Submission or other communications and all proprietary rights therein, including without limitation, rights under patent, copyright, trademark and service mark laws in any relevant jurisdiction. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT PROVIDE ANY SUBMISSIONS TO US.
Representations and Warranties
You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by the Agreement, or, if any such identifiable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post, and the use thereof by us, our affiliates, and our and their respective designees, do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any Submission, you (A have complied and will comply in all respects with all applicable laws, rules, and regulations and (B )have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual’s name or address) within such Submission.
It is possible that Site visitors will post information or materials on the Site that are wrong or misleading or that otherwise violate this Agreement. We, our affiliates and our respective providers do not endorse and are not responsible for any information or materials made available through the Site or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality or other non-disclosure obligations and (ii) without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.
Usage Restrictions for Products
All Products you purchase, obtain or access on or through the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. Unless expressly permitted by us (e.g., a “Create Your Own Video” contest offered on the Site), you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products.
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 U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Rally Up America LLC
297 Kingsbury Grade, Suite 100, Mail Box 4470
Lake Tahoe (Stateline), NV 89449-4470
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Notwithstanding anything to the contrary in this Agreement, we and our affiliates do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to the Site, the Services, our Products or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our or our affiliates’ sole property. We and our affiliates have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
Exclusion of Liability
While we try to maintain the security of the Site, we do not guarantee that the Site or any websites linked from the Site will be secure or that any use of the Site or any other websites will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site or other websites. If you become aware of any unauthorized third party alterations to the Site, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location of such materials.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
This agreement shall be governed by the laws of the State of Texas without giving effect to its conflicts of law principles. You consent to the exclusive jurisdiction of the federal and state courts located in Houston, Texas, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto. You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that any unauthorized use of the Site, the Products or any related software or materials, would result in irreparable injury to us, our affiliates or our providers for which money damages would be inadequate, and in such event we, our affiliates or our providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our affiliates or our providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at email@example.com. You may also contact us by email firstname.lastname@example.org or by writing to us at.
Rally Up America LLC
297 Kingsbury Grade, Suite 100, Mail Box 4470
Lake Tahoe (Stateline), NV 89449-4470
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.