Terms & Conditions
BY ENTERTING WWW.REDROGUEMEDIA.COM (THE “SITE”), YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE THIRTEEN (13) YEARS OLD OR OLDER.
Welcome to the Red Rogue Media website (the “Site”). This Site is owned and operated by Red Rogue Media, LLC (“Red Rogue Media”, “we”, or “us”), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider and its content providers, business partners, and other parties (collectively, “Service Provider(s)”).
Use of the Site
Red Rogue Media grants you permission to use the Site limited as follows:
· You must comply with all applicable laws, rules and regulations while using the Site;
· You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or any court order requesting or directing Red Rogue Media to disclose the identity of anyone posting or transmitting any such information or materials;
· You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any of Red Rogue Media’s representatives, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that Red Rogue Media endorses any statement you make;
· You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purpose any portion of, use of, or access to the Site;
· You are prohibited from using the Site to advertise or promote any brand or product of any kind other than brands owned by Red Rogue Media;
· You are prohibited from using the Site to post or transmit 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;
· You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
· You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks; and
· You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.
User Materials and Community Features
Any User Content that you post, transmit, or otherwise make available for viewing on public areas of the Site, including but not limited to comments and messages posted in response to our news articles (collectively, "User Content"), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Red Rogue Media in User Materials may be used by Red Rogue Media anywhere, anytime, and for any reason whatsoever. You understand and agree that no confidential or fiduciary relationship is established between you and Red Rogue Media by providing User Materials. By posting content to a message board, you have not entered into any contract – express or implied – for Red Rogue Media to use or purchase the content, any intellectual property contained in the content (including but not limited to trademark, copyrights, and right of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans, or charts.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by Red Rogue Media will not infringe or violate the rights of any third party in any manner.
Red Rogue Media may at is own discretion monitor, filter, and prescreen User Materials, and while Red Rogue Media and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit, or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Site is “public,” and in addition to the license granted to Red Rogue Media, other users will have access to your User Materials and might copy, modify or distribute them.
In your use of any Community Feature, you agree that all User Materials uploaded, transmitted, distributed, or otherwise published in any form must comply with the following:
· Sometimes these submissions will be in connection with a contest or challenge (“Contest”). All User Materials submitted in connection with a Contest must comply with the Official Contest Rules applicable to such Contest.
· The User Materials may not contain any trademarks or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
· The User Materials may not contain any copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) unless you have written permission from the owner (and, if requested to do so, can produce such written consent in a form and manner acceptable to us.)
· The User Materials may not contain any look-alikes of any celebrities or other public or private figures living or dead or materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead.
· You represent and warrant for all your User Material that you are the sole and exclusive right owner of your User Material and you have the full and exclusive right, power, and authority to submit the User Material. If you do not own all of the intellectual property in your User Material (i.e. copyrights, trademarks, rights of publicity), then you represent and warrant that you have written permission from the owner to use the intellectual property in your User Material (and, if requested to do so, can produce such written consent in a form and manner acceptable to Red Rogue Media.)
· If your User Material appears to endorse Red Rogue Media or any of its products or services and/or imply any association with Red Rogue Media, you consent to such appearance or endorsement and/or association. If a third party appears to endorse, or be associated with Red Rogue Media or its products or services, you represent and warrant that you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to Red Rogue Media.)
· The User Materials may not violate any law.
· You may not post any personal identification, such as license plate numbers, personal names, e-mail addresses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person’s privacy.
· You must not solicit personal information from anyone on the Site.
· You must not post content that is sexually oriented, explicit or suggestive or exploits people in a sexual or violent manner.
· You must not post any content that is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group.
· You must not post any content that harasses or advocates the harassment of another person.
· You must not post any content that promotes the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal.
· No posting may contain information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
· No posting may contain any content that infringes any party’s trademark, trade secret, copyright, or other proprietary rights.
· No posting shall involve the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, unsolicited commercial e-mails, instant messaging, “spimming” or “spamming.”
· No posting may contain restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page).
Red Rogue Media has no control over, and we shall have no liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of information voluntarily made public through any User Materials or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.
Copyrights and Trademarks
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Promotions
Limitation of Liability
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO
THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE,
ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR
ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Release of Liability
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. You understand that the Site does not control, and is not responsible for User Content available on the Site. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties
Disclaimer of Warranties for Site
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE 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, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Red Rogue Media’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Jurisdiction and Choice of Law: These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in the county of Kings, and you expressly consent to the jurisdiction of said courts. You also agree 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.
Revision of Terms
Revision to the Site
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, t modify or discontinue the Site, with or without notice; limit the Site’s availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some and all users of the Site. You agree that Red Rogue Media will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, User Materials, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
Notification of Infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your name, address, telephone number and e-mail address;
A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Red Rogue Media, LLC
28-39 42nd St.
Long Island City, NY 11103
By email: info@RedRogueMedia.com
International Users; Void Where Prohibited
The Site is controlled, operated and administered by Red Rogue Media from its offices within the United States. Red Rogue Media makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States or accessible from territories where the contents available through the Site are illegal or prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Moreover, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in the sweepstakes, Contests, raffles, surveys, or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
You may not use the Service or export the materials on this Site in violation of United States export laws and regulations. The Site may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of specially designated nationals or on the United States Commerce Department’s table of Deny Orders.
These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.