RearAd.com Terms of Use
Last update: January 1, 2010.
The following are
terms of a legal agreement (the “User Agreement”) between you and RearAd, Inc.
("RearAd", "us" or "we"). By accessing, browsing or using the RearAd
site located at www.RearAd.com or any linked pages owned and operated by RearAd
(collectively, the "Site"), including the RearAd services accessible
on or from the Site, you agree to be bound by this User Agreement, and to
comply with all applicable laws and regulations, including export and re-export
control laws and regulations, as well as any other guidelines, rules and
additional terms referenced herein.
PLEASE READ THESE
TERMS CAREFULLY. YOUR ACCESS TO OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE
OF ALL THE PROVISIONS OF THESE TERMS. IF YOU ARE UNWILLING TO BE BOUND BY THESE
TERMS, DO NOT ACCESS OR USE THE SITE. If you are using the Site on behalf of
your employer, you represent that you are authorized to accept these Terms on
your employer's behalf.
Changes in Terms of Use
We reserve the right
to modify this User Agreement from time to time. If we modify this User
Agreement, we will indicate that we have done so on the site. Use of the site
constitutes your acceptance of the modified User Agreement.
This User Agreement
covers following topics in detail:
- Registration and Security
- User Content
- User Content in Social Computing Environment
- Information Provided on this
Website
Eligibility
You must be 13 or over
to use the Site. If you do not qualify, do not attempt to register or otherwise
use the Site. Your RearAd registration is void where prohibited by applicable
law, and the right to access the Site is revoked in such jurisdictions. By
using the Site, you represent and warrant that you have the right, authority,
and capacity to enter into this User Agreement and to abide by all of the terms
and conditions set forth herein.
Registration and Security
In order to use or
access many of the RearAd services on the Site, you are required to register
with RearAd and select a username (User-ID) and password. If you register, you
agree to provide RearAd with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of this User Agreement,
which may result in immediate termination of your account. You may not enter,
select or use a false name or an email address owned or controlled by another
person with the intent to impersonate that person. RearAd reserves the right to
refuse registration of, or cancel a User-ID in its discretion. You shall be
responsible for maintaining the confidentiality of your password and are fully
responsible for all activities that occur under your User ID and password. Any
User-ID and password provided to you for your access to the Site shall be for
your personal use only. You agree to immediately notify RearAd of any
unauthorized use of your User-ID or password.
User Conduct
You understand and
agree not to use RearAd to:
- Modify, adapt, translate, or
reverse engineer any portion of the RearAd Site and/or any RearAd services
- Post content or initiate
communications which are unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
- Use any robot, spider, site
search/retrieval application, or other automated device, process or means
to access, retrieve or index any portion of the Site and/or any RearAd services
for the purpose of constructing or populating a searchable database of
Business/People/Educational Institute reviews.
- Create user accounts by
automated means or under false or fraudulent pretenses.
- Create or transmit unwanted
electronic communications such as "spam" to other users or
members of the Site and/or any RearAd services or otherwise interfere with
other user's or member's enjoyment of the RearAd Site.
- Upload, post or email any
material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.
- Use any device, software or
routine that interferes with the proper working of the Site.
- Harass anyone through the Site.
- Upload, post, transmit, share,
store or otherwise make available any content that we deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable.
- Take any action that imposes,
or may impose in our sole discretion, an unreasonable or
disproportionately large load on our IT infrastructure.
- Use the RearAd Site and/or any RearAd
service, intentionally or unintentionally, to violate any applicable
local, state, national or international laws.
- Collect or store personal data
about other users in connection with the prohibited activities described
in this paragraph.
User Content
You are solely
responsible for any content that you upload, publish or display (hereinafter, “post”) on or
through the Site, transmit to or share with other users (“User Content”). RearAd reserves the
right to modify or remove, at its sole discretion, any User Content.
By posting User
Content to any part of the Site, you automatically grant, and you represent and
warrant that you have the right to grant, to RearAd an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license (with the right to
sublicense) to use, copy, perform, reformat, translate, excerpt (in whole or in
part) and distribute such User Content for any purpose on or in connection with
the Site or the promotion thereof, to prepare derivative works of, or
incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. However, personally-identifiable information that
you submit to RearAd for the purpose of registration will be handled in
accordance with our privacy policies. Please see the tab entitled “Privacy” for
information regarding RearAd’s privacy policies.
You represent and
warrant that your User Content is free of libel or other unlawful material,
including matter that may be construed as invasion of privacy, violation of a
right of publicity, copyright, patent, or trademark infringement, and/or
misappropriation of trade secret or any other right of a person or party.
You also represent and warrant that all necessary licenses and consents
have been obtained for the use of your User Content on the Site.
User Content in Social Computing
Environment
RearAd may provide social computing tools on some of
its Web sites to enable online sharing and collaboration among members who have
registered to use them. These include forums, wikis, blogs and other social
media platforms. User Content that you
post on these social platforms, such as pictures, information, opinions, or any
other type of information that you make available to other participants on
these social platforms, is not subject to the RearAd Privacy Statement. Rather,
such User Content is subject to the terms of use of those platforms, and any
additional guidelines and privacy information provided in relation to their
use. Please refer to them to better understand yours, RearAd's, and other
parties' rights and obligations with regard to such content. You should be
aware that the content you post on any such social computing platforms may be
made broadly available to others inside and outside RearAd.
By posting User
Content to any
social media
platform
that is part of or accessed through the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to RearAd an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute such
User Content for any purpose on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire.
Use of the Site
You may not copy or
distribute any portion of the Site for any purpose not authorized herein
without the express written permission of RearAd. RearAd does not control the
User Content posted by its users, including the content of any messages or
reviews, and RearAd does not guarantee the accuracy, integrity or quality of
such User Content. You understand that by accessing the Site, you may be
exposed to User Content that is offensive, indecent or objectionable. Under no
circumstances will RearAd be liable in any way for any User Content, including
any errors or omissions in any User Content, or any loss or damage of any kind
incurred as a result of your use of any User Content.
Your use of the Site, including all User Content you submit, is subject to all
applicable local, state, national and international laws and regulations.
You agree that you must evaluate and bear all risks associated with the use of
any Content, including any reliance on the content, integrity, and accuracy of
such Content.
Restrictions on Use
You agree that you
will not (and will not permit others to):
- use the Site to post any false
or misleading User Content, including writing or soliciting “shill”
reviews;
- use the Site to threaten,
stalk, defraud, incite, harass, or advocate the harassment of another
person, or otherwise interfere with a User's enjoyment of the Site;
- use the Site to transmit or
post spam, chain letters, contests, junk email, pyramid schemes, surveys,
or other form of solicitation or mass messaging, whether commercial in
nature or not;
- use the Site to post any User
Content that victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- use the Site to post or collect
any private information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers and
credit card numbers;
- use the Site to violate any
third-party right, including any copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right;
- use the Site to transmit or
post illegal materials, including material that is pornographic or
obscene;
- use the Site in connection with
the solicitation of personal information from minors;
- use the Site in violation of
the User Agreement or any applicable local, state, national or
international law;
- reverse engineer, modify,
adapt, appropriate, reproduce, distribute, translate, create derivative
works of, publicly display, sell, trade, or in any way exploit the Site;
- remove any copyright, trademark
or other proprietary rights notices contained on the Site or in any articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, software and other content contained on the Site or belonging
to RearAd (“Site Content”);
- use any robot, spider, site
search/retrieval application, or other automated device, process or means
to access, retrieve or index any Site Content or information from the
Site;
- attempt to gain unauthorized
access to the Site, User accounts, computer systems or networks connected
to the Site through hacking, password mining or any other means; use the
Site or any Site Content to transmit any viruses, worms, defects, Trojan
horses or other items of a destructive nature; or use any device, software
or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site; or
- use the Site to post any
content that, in our sole judgment, is objectionable or which restricts or
inhibits any other person from using or enjoying the Site, or which may
expose RearAd or its users to any harm or liability of any type.
Termination
The Company may terminate
your registration, delete your profile and any content or information that you
have posted on the Site and/or prohibit you from using or accessing the Site
(or any portion, aspect or feature of the Site) for any reason, or no reason,
at any time in its sole discretion, with or without notice.
User Disputes
We are not responsible
for your interactions with other RearAd users. We reserve the right, but have
no obligation, to monitor disputes between you and other users. In the
event of any dispute, you agree to release RearAd and its officers, directors,
employees and affiliates from any and all claims, demands and damages of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such dispute.
Submissions
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback or other
information about the Site (“Submissions”), provided by you to RearAd are
non-confidential and shall become the sole property of RearAd. RearAd
shall own all right, title and interest, including all intellectual property
rights, in Submissions, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Links to Other Websites and Content
The Site contains (or
you may access through the Site) links to other web sites (“Third Party Sites”) which may contain
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, software and other content belonging to or originating from third
parties (the “Third
Party Content”). Such Third Party Sites and Third Party
Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by RearAd, and RearAd is not responsible for
any Third Party Sites accessed through the Site or any Third Party Content
linked or posted through the Site, including without limitation the content,
accuracy, offensiveness, opinions, reliability, legality, or policies of or
contained in the Third Party Sites or the Third Party Content. Inclusion
of or linking to any Third Party Site or any Third Party Content does not imply
approval or endorsement thereof by RearAd. If you decide to leave the
Site and access the Third Party Sites, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Site.
Privacy
Use of the Site is
also governed by our Privacy
Policy, a copy of which is currently located at
http://www.rearad.com/about-rearad/privacy-statement.html.
Disclaimers
RearAd is not
responsible or liable in any manner for any User Content or Third Party Content
offered through, linked to or posted on the Site. RearAd does not control
and is not responsible for what users contribute to the Site and is not
responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable
content you may encounter on or in connection with your use of the Site.
RearAd is is not responsible for the conduct, whether online or offline, of any
user of the Site.
YOU UNDERSTAND AND
AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REARAD
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
REARAD MAKES NO
WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND/OR
ANY REARAD SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. The
Site may be temporarily unavailable from time to time for maintenance or other
reasons. RearAd assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user communications or User Content. Under no
circumstances will RearAd be responsible for any loss or damage, including any
loss or damage to any User Content or personal injury or death, resulting from
anyone’s use of the Site, any User Content or Third Party Content linked to or
posted on or through the Site, or any interactions between users of the Site,
whether online or offline.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REARAD OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER
AGREEMENT.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES
SHALL REARAD BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED
OR SOLD THROUGH THE SITE OR ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR
RELIANCE ON THE SITE, OR (iii) YOUR INABILITY TO USE THE SITE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF REARAD OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO
EVENT SHALL THE LIABILITY OF REARAD OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES
EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
Some jurisdictions do
not allow the limitation or exclusion of liability for incidental or
consequential damages so some of the above limitations may not apply to you.
Indemnity
You agree to indemnify
and hold RearAd, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney’s fees, arising out of or in connection with any
User Content you provide, any Third Party Content you link to, post or share on
or through the Site, your use of the Site, your conduct in connection with the
Site or with other users of the Site, or any violation of this User Agreement
or of any law or the rights of any third party.
Miscellaneous
Entire Agreement. This User
Agreement and the Privacy Policy constitute the entire agreement between you
and RearAd with respect to the subject matter hereof and supersede and replace
all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter.
Waiver and Severability of Terms. The failure of RearAd to
exercise or enforce any right or provision of this User Agreement shall not
constitute a waiver of such right or provision. Any waiver of any
provision of this User Agreement will be effective only if in writing and
signed by RearAd. If any provision of this User Agreement is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of this User Agreement
remain in full force and effect.
Statute of Limitations. You and RearAd agree that any cause of
action arising out of or related to this Site must commence within one (1) year
after the cause of action arose; otherwise, such cause of action is permanently
barred. Some jurisdictions may prohibit the shortening of the time period
in which a cause of action must be brought. In all such jurisdictions, the
applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and
construed in accordance with the laws of the State of North Carolina, excluding its
conflict of law provisions. You and RearAd agree to submit to the exclusive
jurisdiction of the state and federal courts of Wake County,
North Carolina.
Arbitration. Any claim, dispute or controversy arising out of or
in connection with or relating to this User Agreement or the breach or alleged
breach thereof or your use of the Site shall be submitted by the parties to
arbitration by the American Arbitration Association (“AAA”) in Raleigh, North
Carolina, United States of America under the AAA’s commercial rules then in
effect. The foregoing notwithstanding, nothing in this paragraph shall be
deemed as preventing RearAd from seeking relief from the courts as necessary to
protect its intellectual property rights, and no decision of any arbitrator
shall be binding in such event. The award rendered by the arbitrators
shall include costs of arbitration, reasonable attorneys’ fees and reasonable
costs for expert and other witnesses, and judgment on such award may be entered
in any court having jurisdiction thereof.
Contact and Violations
Please contact us with
any questions regarding this User Agreement. Please report any violations of
this User Agreement to
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.
Copyright
Complaints
If you are a copyright
owner or an agent thereof and believe that any User Content or other content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with
the following information in writing (see 17 U.S.C. 512(c)(3) for further
detail):
- A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of the
copyrighted work claimed to have been infringed;
- Identification of the material
that is claimed to be infringing or 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;
- Information reasonably
sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an electronic mail;
- 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.
Our designated
Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent, RearAd, Inc.,
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. For clarity, only DMCA
notices should go to the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications should be directed to
RearAd at
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. You acknowledge that if you fail to comply
with all of the requirements of this section, your DMCA notice may not be
valid.
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