User acknowledges that content posted to public community areas is publicly
available and that Raves.com, LLC (hereafter referred to as "Company"),
does not take any responsibility for such content. However, Company
reserves the right to remove any public content posted by a User that
violates any law or condition of this Agreement, upon notice of such
User understands and agrees that technical (and sometimes manual)
processing of email communications, search requests, community postings,
and any other information supplied by User is and may be required: (a)
to send and receive messages; (b) to conform to the technical requirements
of connecting networks; (c) to conform to the limitations of the Services;
or (d) to conform to other, similar technical requirements.
User acknowledges and agrees that Company, Partner, and their third
party service providers do not endorse the content of any User communications
and are not responsible or liable for any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent,
tortious, or otherwise objectionable content, or content that infringes
or may infringe the intellectual property or other rights of another.
I. USER CONDUCT
User agrees to abide by all applicable local, state, national, and
international laws and regulations during use of the Services, and agrees
not to interfere with the use and enjoyment of the Services by other
Users. User agrees to be solely responsible for the contents of User's
private and public communications, whether uploaded, posted, emailed
or otherwise transmitted through the Services.
User agrees: (a) not to use the Services for illegal purposes; (b)
not to interfere with or disrupt the Services or servers or networks
connected to the Services; (c) to comply with all requirements, procedures,
policies and regulations of networks connected to the Services; (d)
not to resell the Services or use of or access to the Services; and
(e) to comply with all applicable laws regarding the transmission of
technical data exported from the United States.
User agrees not to upload, post, email, or otherwise transmit through
the Services: (a) any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene, indecent, tortious or
otherwise objectionable material of any kind; (b) any material that
violates the rights of another, including, but not limited to, the intellectual
property rights of another; (c) any material that violates any applicable
local, state, national, or international law or regulation; or (d) unsolicited
or unauthorized advertisements, promotional materials, "junk mail,"
"SPAM," "chain letters," or other forms of solicitation. User agrees
not to attempt to gain unauthorized access to other computer systems
or networks connected to the Services. User acknowledges and agrees
that Company may ban User from future use of the Services if User does
not comply with Company's standards of conduct, even if User attempts
to use the Services through another Partner or under a different name.
Furthermore, User acknowledges and agrees that Company may recover damages
from User if User abuses these terms.
User agrees to indemnify and hold Company, Partner, and their third
party service providers, and their parents, subsidiaries, affiliates,
officers, and employees, harmless from any claim or demand, including
reasonable attorneys' fees,made by any third party due to or arising
out of User's use of the Services, User's connection to the Services,
User's violation of this Agreement, or User's violation of any rights
III. STORAGE OF COMMUNICATIONS
Company, Partner, and their third party service providers assume no
responsibility for the deletion or failure to store email messages,
communications, or other content maintained or transmitted through the
Services. Company may establish an upper limit on the extent of message
storage it will maintain for User.
a. User agrees that Company, Partner, or their third party service
providers may terminate User's password, account or use of the Services
if Company, Partner, or their third party service providers believe:
(a) that User has violated or acted inconsistently with the letter or
spirit of this Agreement; or (b) that User has violated the rights of
Company, Partner or their third party service providers or other Users
or parties. User further agrees that Company, Partner, and their third
party service providers may terminate User's password, account, or use
of the Services if User fails to use the Services at least one time
during a reasonable period of time, which shall not be less than sixty
days, as determined from time to time by Company and Partner.
b. User agrees Company and Partner may immediately delete User's account
and all related information, communications, and files, and may bar
any further access to such account, communications, files, or the Services
under any provision of this Agreement. User also acknowledges and agrees
that termination of any of the Services may be effected without prior
The Services may provide, or Users may include in email or community
postings, links to other websites or resources. User acknowledges and
agrees that Company, Partner, and their third party service providers
are not responsible for the availability of such external sites or resources,
and that Company, Partner, and their third party service providers do
not endorse and are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
VI. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited
to, text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented
to User through the Services or third party advertisers is protected
by copyrights, trademarks, service marks, patents, or other proprietary
rights and laws. User acknowledges and agrees that User is permitted
to use this material and information only as expressly authorized by
Company, Partner or advertisers, as applicable, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or
information without express authorization.
VII. DISCLAIMER OF WARRANTIES
a. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE
RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
b. COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY
DISCLAIM 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.
c. COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE
NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
COMPANY, PARTNER, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
d. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA
OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE
SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK AND THAT USER
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM
OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
e. COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
USER FROM COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS,
OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
g. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
VII. LIMITATION OF LIABILITY
a. USER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED,
OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY,
PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
b. USER FURTHER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR
NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
c. User acknowledges that Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for termination of subscribers
and account holders who are repeat offenders. However, USER ACKNOWLEDGES
AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES,
WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR COST
OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE
OR REASONABLE ATTEMPTS TO: (a) COMPLY WITH UNITED STATES COPYRIGHT ACT,
OR (b) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED
IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
d. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING
TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
e. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
Company may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting or other method of notification
to User. User's continued access or use of the Services shall be deemed
its conclusive acceptance of the modified Agreement.
Unless otherwise provided in this Agreement, any notice to User regarding
the Services shall be made via email, regular mail, or facsimile. Company's
and Partner's third party service providers are intended beneficiaries
of this Agreement. Company shall not be liable to User for any breach
the relationship between User and Company and Partner shall be governed
by the laws of the State of California without regard to its conflict
of law provisions. User, Company, and Partner agree to submit to the
personal and exclusive jurisdiction of the courts located within the
state of California. The failure of Company, Partner, and their third
party service providers 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 invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and rule the other provisions of this Agreement remain
in full force and effect. User agrees that regardless of any statute
or law to the contrary, any claim or cause of action arising out of
or related to use of the Services or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever
USE OF THIS SITE CONSTITUES UNDERSTANDING OF THE FOREGOING AGREEMENT
AND AGREEMENT TO BE BOUND BY ALL OF ITS TERMS.