Welcome to rVibe, a live streaming and Video on Demand (VoD) web service located at the URL: www.rvibe.com
(the "rVibe Website") available to individuals that open an account (an "rVibe Account") with rVibe ("Members") or simply browse the rVibe Website (“Visitors”).
Hereinafter "Visitors" and "Members" shall be collectively referred to as "End User(s)", "You" or "Your"). The "rVibe Service” gives Members and Visitors the ability: (a) to view (i) live and previously recoded events (“Events”), (ii) lists of groupings of Events, (iii) rich media information or (iv) Member profiles, (b) to share, provide and comment information with other Members and Visitors and (c) to purchase Events or any other services or products available via the rVibe Website or the rVibe Service.
2. Other Terms and Conditions
3. rVibe Website Materials
As between rVibe and You, except for any End User Content or Submissions submitted by You, all other text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, video, music, artwork, information and computer code, including, but not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of any other materials and information contained on the rVibe Website are owned, controlled or licensed by or to rVibe and are protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws under United States and foreign laws and international conventions (collectively, all of the aforementioned rVibe Website materials except End User Content and End User Submissions shall be referred to as the "rVibe Website Materials").
The rVibe Website Materials available via this rVibe Website are provided to an End User "AS IS" and for Your personal viewing use only on the rVibe Website and may not be copied, reproduced, retransmitted, distributed, disseminated, sold, broadcast, performed, made available to third parties or circulated to anyone or exploited for any other commercial or noncommercial purposes without the express prior written consent of rVibe, except that Your browser may "cache" images on the rVibe Website solely for browsing purposes.
Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the rVibe Website Materials or any other content on the rVibe Website, and rVibe explicitly reserves any and all rights not expressly granted hereunder. Other than as expressly permitted herein, You agree not to engage in the use, copying, or distribution of any of the rVibe Website Materials obtained through the rVibe Website. You further agree not to circumvent, disable or otherwise interfere with security related features of the rVibe Website or any other features that prevent or restrict the use or copying of any rVibe Materials
4. Other Permitted Uses and Restrictions of the rVibe Website
1. In addition to any other obligations set forth in this Agreement, You hereby agree not to use or launch any automated system, including without limitation, any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other automatic device, program, algorithm or methodology, that accesses, acquires, copies or monitors any portion of the rVibe Website or the rVibe Service (or any content of the same) in a manner that sends more request messages to the rVibe servers in a given period of time than a human can reasonably produce in the same period via a conventional on-line web browser, or in any way reproduce or circumvent the navigational structure or presentation of the rVibe Website or the rVibe Service (or any content of the same), to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the rVibe Website. rVibe reserves the right to prevent any such activity. Notwithstanding the foregoing, rVibe grants the operators of public search engines permission to use spiders to copy materials from the rVibe Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and rVibe reserves the right to revoke these exceptions either generally or in specific cases.
2. You agree that You will not attempt to gain unauthorized access to any portion or feature of the rVibe Website or the rVibe Service or any other systems or networks connected to the rVibe Website or the rVibe Service or to any rVibe server or the server of any rVibe End User, or to any of the services offered on or through the rVibe Website by hacking, password mining or any other illegitimate means.
3. You agree that You may not use, nor allow others to use the rVibe Website or the rVibe Service (either directly or indirectly): (i) to attempt to or actually disrupt, impair or interfere with, alter or modify the rVibe Website or the rVibe Service or any information, data or materials posted and/or displayed by rVibe or anyone else; (ii) to act in a way that affects or reflects negatively on rVibe, the rVibe Website or the rVibe Service, or anyone else; or (iii) to harvest, collect or attempt to collect any information from others including, without limitation, personally identifiable information such as account names and numbers, without such party's prior consent.
4. You agree that You are prohibited from violating or attempting to violate the security of the rVibe Website or the rVibe Service, including, without limitation: (i) accessing data not intended for You or logging onto a processor, communications or access device or rVibe Member Account which You are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the rVibe Website or the rVibe Service or to breach any implemented security or authentication measures, regardless of Your motives or intent; or (iii) attempting to interfere with or disrupt the rVibe Website or the rVibe Service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse. Any such violations of system or network security by You may result in civil or criminal liability to You. rVibe reserves the right to investigate occurrences, which may involve such violations and rVibe may involve, provide information to and cooperate with, law enforcement authorities in prosecuting any End Users who are involved in any such violations.
5. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that You send to rVibe on or through the rVibe Website or any service offered through the rVibe Website. You may not pretend that You are, or that You represent, someone else or impersonate any other individual or entity.
7. You may not frame or provide a link to any part of the rVibe Website, the rVibe Application or the rVibe Service without the prior written consent of rVibe.
5. Enforcement of Intellectual Property Rights
You acknowledge that rVibe will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution, as applicable.
6. Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this rVibe Website is not intended or designed to attract children under the age of 13. Memberships and participation in the rVibe Service are void where prohibited. Due to the Children's Online Privacy Protection Act of 1998 (online at http://www.ftc.gov/ogc/coppa1.htm
8. rVibe Website Availability
rVibe will make reasonable efforts to keep the rVibe Website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of rVibe may, from time to time, result in temporary interruptions to the rVibe Website. In addition, rVibe reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the rVibe Website, with or without notice. You agree that rVibe shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the rVibe Website.
9. Third-Party Links
This rVibe Website (or the rVibe Service) may be linked to other sites on the World Wide Web that are not under the control of or maintained by rVibe. Such links do not constitute an endorsement by rVibe of any such sites. You acknowledge that rVibe is providing these links to You solely as a convenience to You, and You agree that rVibe is not responsible for the content or links displayed on such sites to which You may be linked. rVibe does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If You access any of the third-party websites linked on this rVibe Website, You do so at Your own risk.
10. Third-Party Materials on the rVibe Website
This rVibe Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to You. rVibe has not tested or evaluated these materials and does not endorse or make any representations about these materials or Your use thereof. If You use any of the third-party materials, You do so at Your own risk. In no event shall rVibe be liable for any loss, claim, damages, or costs that may arise in connection with Your use of these materials.
11. Inaccuracies on the rVibe Website
Your use of the rVibe Website is at Your own risk. The rVibe Website may include inaccuracies or errors that may affect the quality of the information provided on the rVibe Website and a possibility exists that unauthorized additions, deletions and alterations have been made to the rVibe Website by unauthorized third-parties. The information has not been independently verified or authenticated in whole or in part by rVibe. Although rVibe attempts to ensure the integrity of the rVibe Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the rVibe Website. More specifically, rVibe does not warrant the accuracy or timeliness of the rVibe Website Materials and rVibe has no liability for any errors or omissions in the information provided. Furthermore, the prices and availability of products and/or the rVibe Services available via the rVibe Website may at any time change without notice to You. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
12. Articles and Commentary
In addition, this rVibe Website may post articles and commentary containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from rVibe or official expressions of rVibe. rVibe does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although rVibe believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, rVibe cannot guarantee that such statements are reliable and accurate and rVibe accepts no fault or liability for any error or omission with respect to such articles.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, AND THE RVIBE SERVICE IS AT YOUR SOLE RISK. THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, AND THE RVIBE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. RVIBE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, OR THE RVIBE SERVICE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. RVIBE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, OR THE RVIBE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. RVIBE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, OR THE RVIBE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, OR THE RVIBE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RVIBE, ITS OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES AND/OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF DATA (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), ARISING IN ANY WAY FROM THE CONTENT OR INFORMATION OFFERED THROUGH THE RVIBE WEBSITE, THE RVIBE WEBSITE MATERIALS AND VIDEOS, OR THE RVIBE SERVICE. DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN FIFTY DOLLARS ($50.00).
16. Local Laws; Export Control
By entering this rVibe Website, You acknowledge and agree that rVibe controls and operates this rVibe Website from its headquarters in the United States of America and that this rVibe Website is intended for viewing in the United States and rVibe makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on this rVibe Website are solely directed to individuals, companies or other entities located in the United States. rVibe reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the rVibe Website is void where prohibited. If You use this rVibe Website from outside the United States of America, You are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use this rVibe Website in violation of United States export laws and regulations.
17. Applicable Law; Venue
18. Dispute Resolution
1. Use of the rVibe Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 20.
4. Any provision which must survive in order to allow rVibe to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or Your use of the rVibe Website, rVibe Website Materials and Videos, or the Service, regardless of form or the basis of the claim, may be brought by You more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and You hereby waives any longer statute of limitations that may be permitted by law.