IMPORTANT-READ CAREFULLY. This is a legal agreement (“Agreement”) between you and RYSE Interactive, Inc. (“RYSE”) governing your use of this website (the “Site”) and the content, software, products and services available through the Site (collectively, the “Services”). THE SERVICES ARE NOT AVAILABLE TO PERSONS under 18 years of age. By accessing the Site or using the Services, you agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST REFRAIN FROM ACCESSING THE SITE AND USE OF THE SERVICES.
2. SCOPE OF USE. Subject to the terms and conditions of this Agreement, RYSE hereby grants you a personal, non-exclusive, non-transferable, non-sublicenseable license to access the Services solely for the personal use, as necessary to use and enjoy the benefits of the Services, in the manner permitted by this Agreement. You agree that you will not (and that you will not permit anyone else to): (a) resell, distribute, broadcast or network the Services or their contents; (b) access the Services by any means other than the interface provided by RYSE; (c) access the Services by automated means (including by scripts, web crawlers, scraping or data extraction); (d) fail to comply with the instructions set out in any robots.txt file present in the Services; or (e) use the service in any manner that violates applicable law (including laws related to export control) or that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Site, Services, or any network or networks connected to the Services or security systems. You must provide all equipment and software necessary to connect to the Site, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.
3. SITE CONTENT; LINKS. You understand that all information such as written text, computer software, music, audio files or other sounds, photographs, videos or other images, data, information, RSS or other automated feeds (collectively “Content”) to which you may have access in or through the Services are the sole responsibility of the person from which such Content originated. Such Content may be protected by intellectual property rights of RYSE or third parties. You agree that you will not (and that you will not permit anyone else to) download, copy, modify, make derivative works of, resell, trade, distribute, or make any commercial use of any Content available via the Site or the Services, by any means or in any form, without the prior written consent of RYSE. RYSE uses automated processes to collect and present Content that has been created by third parties. RYSE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of such Content, sites accessible by hyperlink from the Site, or sites linking to the Site. The linked sites are not under the control of RYSE and RYSE is not responsible for the Content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. RYSE is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by RYSE of the site or any information contained therein. When leaving the RYSE site, you should be aware that RYSE ‘s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
4. YOUR SUBMISSIONS. You agree that you are solely responsible for all Content you submit, post or display on or though the Services, whether in your account registration or profile or elsewhere on the Site. You should carefully consider such submissions and how their availability to the community of Site users will affect you and your career. By submitting, posting or displaying Content, you grant to RYSE a perpetual, irrevocable, non-exclusive, worldwide, sub-licensable and royalty-free license, under all applicable intellectual property and other proprietary rights, to reproduce, cache, index, excerpt, analyze, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such Content for the purpose of providing the Services on the Site and on other sites (including third-party sites) affiliated with the Services. You represent and warrant that you have the full right, power, and authority to grant the rights and consents granted herein and that the Content you submit, post or display on or through the Services: (a) does not infringe or misappropriate any intellectual property (including, without limitation, trademarks and copyrights), confidentiality, publicity or privacy rights of any third party in any jurisdiction, (b) is complete, up to date, accurate and truthful and not defamatory, fraudulent, deceptive or misleading, (c) does not contain any material or element that is unlawful, abusive, hateful, harassing, threatening, profane or pornographic, (d) complies with all applicable laws and regulations, including those regarding unfair competition and false or misleading advertising and (e) does not contain any virus, worm, trojan horse, time bomb or similar contaminating, harmful or destructive feature; (f) does not advertise or promote any unlawful product, service, employment or activity, or the unlawful sale of any product or service or otherwise encourage or provide instructions for a criminal offense; and (g) complies with RYSE policies applicable to the Services, as posted on www.ontheryse.com, including RYSE’s Acceptable Use Policy. Although RYSE is not responsible for any Content you submit, post or display, RYSE may delete any Content of which RYSE becomes aware, at any time without notice to you. Where Services are provided for a fee, you agree to pay the applicable fees plus all related taxes by submitting accurate payment information for a supported payment method for which you possess all appropriate rights.
5. ADDITIONAL SERVICES. RYSE may add new services, modules, aspects, or features to certain Services (“Features”) from time to time at its sole discretion. To use such Features, you must agree to any new or amended terms presented to you by RYSE in connection with such Features, if any. If there is a conflict or contradiction between the provisions of this Agreement and the terms, conditions, policies or notices applicable to a Feature, such other terms, conditions, policies or notices shall prevail in respect of your use of the relevant Feature. You agree that your access to the Site via mobile phone or other device may alter the appearance, navigability or functionality of the Site. If you elect to receive notifications or other data from RYSE by text, SMS, MMS, or other similar electronic means, please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will promptly update your account information on the Site to ensure that your messages are not sent to the person who acquires your old number.
6.DMCA. It is RYSE’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe your work appears on the Site in a manner that violates your intellectual property rights, please send a notice to RYSE’s copyright agent containing the information required by 17 U.S.C. § 512(c)(3), available at http://www.copyright.gov/title17/92chap5.html.
7. PROPRIETARY RIGHTS. RYSE and/or its suppliers, as applicable, retain ownership of all proprietary rights in and to the Services and the Site, including all trade names, trademarks and service marks associated or displayed with the Services. Nothing in this Agreement gives you a right to use any of RYSE’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You will not remove, deface or obscure any of RYSE ‘s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on or associated with the Services or the Site. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services, unless this is expressly permitted or required by law. You further agree that the Services may contain information which is designated confidential by RYSE and that you shall not disclose such information without RYSE’s prior written consent.
8. TERMINATION. You may terminate this Agreement, for any or no cause, at any time, with notice to RYSE which shall be effective upon RYSE processing such notice. You acknowledge and agree that RYSE, at its sole discretion, may stop (permanently or temporarily) providing the Services or any portion thereof to you or to users generally, or block or prevent future access to and use of the Site, without prior notice to you. Sections 7 through 11, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the Services and destroy any content or materials related to the Services within your possession and control.
9. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND RYSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RYSE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. RYSE MAKES NO WARRANTY THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES, ANY CONTENT OBTAINED THROUGH THE SERVICES, AND ANY INTRODUCTIONS OR CONNECTIONS TO ENTITIES OR INDIVIDUALS MADE THROUGH THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK. You agree to indemnify, defend and hold harmless RYSE, its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Site or the Services, any Content you submit, post or display, or your violation of this Agreement.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RYSE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THIS AGREEMENT, THE SITE, THE SERVICES, ANY CONTENT SUPPLIED HEREUNDER, OR ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS OF THE SITE OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RYSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RYSE’S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF: (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12 MONTHS; OR (ii) $100. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
11.1 Choice of Law and Forum. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Florida and not by the laws of any other jurisdiction. The parties mutually consent and submit to the jurisdiction of the federal and state courts for Orange County, Florida, and agree that any action, suit or proceeding concerning this Agreement may be brought in the federal or state courts of such county and that they will not raise, in connection therewith, any defense or objection based on lack of personal jurisdiction, improper venue, inconvenience of forum or the like.
11.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
11.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. RYSE may change the terms of this Agreement at any time by posting modified terms on the Site, and such revised terms will be effective upon such posting. You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of RYSE. All notices or other correspondence to RYSE under this Agreement must be sent to the RYSE contact address provided on the Site, or other address as provided by RYSE for such purpose. You acknowledge and agree that we may send you important information and notices regarding the Service by email, and that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. Any and all rights and remedies of RYSE upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on RYSE, and the exercise of any one remedy will not preclude the exercise of any other.
11.4 Payment Policy
– When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
– When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
– If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
– If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
– To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
– You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
– In case of event cancellation, or if a refund is requested up to 96 hours before the event, RYSE will refund the price of the event with the original form of purchase within thirty (30) days of event.