WebRidesTV Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
1. Ownership of Site; Agreement to Terms of Use. These Terms and Conditions of Use (the "Terms of Use") apply to the WebRidesTV web site located at www.webridestv.com (the "Site"). The Site is the property of WEBRIDESTV, LLC ("WebRidesTV," "we," "us," or "our") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. These Terms of Use constitute a legally binding agreement between you and WebRidesTV. The Site may also contain links or references to additional rules, policies, and terms which may apply to specific features or functions of the Site. When you use those features or functions, those rules, policies and terms along with the Terms of Use will also apply to you and form a part of your agreement with us (collectively, the “Agreement”).
WebRidesTV reserves the right, at its sole and absolute discretion, to change, modify, add or remove all or certain portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Once we post changes on the Site, they become effective immediately, and your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, WebRidesTV grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The words "use" or "using" in this Agreement, mean any time someone (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to content, sites or any links that may direct you to third party content, sites or pages. This Agreement constitutes the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described above.
2. Age Limitation on Users. This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately.
3. User Conduct. As a member of the WebRidesTV community, you are expected to treat other users with the same level of respect you would like yourself. We will ban users and remove topics when conduct becomes abusive or disruptive to the community. We reserve the right to enforce such actions to all registered users of our community. Anyone caught attempting to disrupt the site via hacking or any other means, whether via programming or otherwise, will be prosecuted with any and all legal measures available to WebRidesTV.
4. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned or controlled by WebRidesTV, its subsidiaries, affiliates, licensors or suppliers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Content" as well.
The Site is to be used solely for your noncommercial and personal use and for no other purposes. You are not permitted to alter, delete or conceal any copyright or other notices contained on the Site including, without limitation, any notices on any Content you may view, download, transmit, print or reproduce from the Site. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used to create a derivative work, copied, reproduced, republished, uploaded, modified, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without WebRidesTV's express prior written consent in each instance.
Any unauthorized or prohibited use of the Site or any Content may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights, trademarks and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to infringe the intellectual property rights of others.
5. Your Privacy. WebRidesTV respects your privacy and the use and protection of your personal information. WebRidesTV’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view WebRidesTV's Privacy Policy, click here. During registration (and possibly at certain other times to enable you to use other features or functions or for security purposes), you will be required to register and provide us with certain information about you ("User Information"), in order for us to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. We have the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
6. Relevant information. Information posted by our users is expected to be acceptable to general audiences and to stay within genres of the discussion. WebRidesTV reserves the right to use any information posted by Site users as it sees fit including, without limitation, editing said material or removing it from the Site.
7. Your Use of the Site. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; be used for commercial or business purposes, including, without limitation, advertising, promotion, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
- transmit, distribute or upload programs or material that contain harmful, destructive or malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
- use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion or feature of the Site, other users' accounts, names, passwords, User Information or any other systems or networks connected to the Site or to any WebRidesTV server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- use, or knowingly allow or condone others to use, the Site or any Content for any purpose that is prohibited by these Terms of Use;
- violate or solicit others to violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise.
Doing any of these things will result in WebRidesTV banning you from the Site.
Users like to share interesting links and this is not discouraged on the Site. However, we will not tolerate links to inappropriate sites containing pornographic material or any illegal activity such as pirating of software. We reserve the right to remove any and all such links in our sole and absolute discretion.
8. Content control. It is impossible for us to monitor each and every thing and activity on the Site. Accordingly, WebRidesTV and its affiliates are not responsible for user messages or other related user content.
9. Postings. Portions of this Site provide our users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of WebRidesTV or its affiliates. WebRidesTV and its affiliates shall not be liable for any Posting that is in violation of this Agreement. In no event shall WebRidesTV have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to WebRidesTV to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on WebRidesTV.com.
If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize WebRidesTV to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, whether now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant WebRidesTV the right to use such Posting as described above; and (d) WebRidesTV has the right to delete, revise, re-format and/or change your Posting in any manner that WebRidesTV may determine (although you will not be responsible for any changes made by WebRidesTV). Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to advertise, promote or generate revenue for any business enterprise or commercial activity.
10. Entertainment Advertising. WebRidesTV relies on advertisers to help us pay for the services that we offer to our users. In order to continue our service, you agree that WebRidesTV may display advertisements and promotions of all kinds in and with the services.
11. Access to Your Account. Certain features or services offered on or through the Site may require you to open an account (including setting up a WebRidesTV ID and password). We may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Site. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. You agree to notify WebRidesTV immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by WebRidesTV or any other user of or visitor to the Site due to someone else using your WebRidesTV ID, password or account. You may not use anyone else's WebRidesTV ID, password or account at any time without the express permission and consent of the holder of that WebRidesTV ID, password or account. WebRidesTV cannot and will not be liable for any loss, liability or damage arising from your failure to comply with these obligations or related to the theft, misappropriation, or permitted use by another of your user name or password.
In order to ensure that WebRidesTV is able to provide high-quality services that are responsive to our users’ needs, you agree that WebRidesTV has access to your WebRidesTV account and WebRidesTV records as reasonably needed to investigate complaints. Further, WebRidesTV may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) WebRidesTV's rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that WebRidesTV deems necessary to comply with any applicable law, regulation, legal process, court order or governmental request. WebRidesTV also may disclose your information when WebRidesTV determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that WebRidesTV may preserve any transmittal or communication by you with WebRidesTV through the Site or any service offered on or through the Site, and may also disclose such data to third parties if required to do so by law or court order or if WebRidesTV determines, in its sole and absolute discretion, that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of WebRidesTV, its employees, users of or visitors to the Site, and the public. You agree that WebRidesTV may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site, with or without cause, including if we determine that you have violated this Agreement, these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, without any liability or further obligation of any kind whatsoever to you or any other party. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to WebRidesTV, for which monetary damages would be inadequate, and you consent to WebRidesTV obtaining any injunctive or equitable relief that WebRidesTV deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WebRidesTV may have at law or in equity.
12. Other Terms and Conditions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. WebRidesTV' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
WebRidesTV may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and WebRidesTV makes no commitment to update the materials on the Site with respect to such products and services.
13. Disclaimer of Warranties. You expressly understand and agree that:
Your use of the service is at your sole risk. The Site and all Content, products, and Postings are provided on an "AS IS" and "AS AVAILABLE" basis. All information provided on the Site is subject to change without notice. WebRidesTV and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement.
WebRidesTV cannot ensure and makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, error-free, or free of malicious code, viruses, contaminants or other destructive features (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email (or voicemail messages, if applicable) will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of WebRidesTV is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether verbal or written, obtained by you from WebRidesTV, our third party service providers, or through or from the site will create any warranty not expressly stated in the Agreement.
14. Links to Other Sites and to the WebRidesTV Site. This Site may contain links or other forms of re-direction mechanisms leading to independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors and/or users and are not under WebRidesTV's control. WebRidesTV and its affiliates are not responsible or liable to you for and do not endorse the content or goods or services associated with such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. If any Linked Site obtains or collects personally identifiable information from you, in no event shall WebRidesTV assume or have any responsibility or liability. Please read our Privacy Policy which describes how WebRidesTV collects and uses your personal information.
15. Limitation of Liability. Except where prohibited by law, in no event will WebRidesTV or its affiliates or their respective officers, directors, employees, shareholders, agents, representatives, licensors or suppliers be liable to you for any loss or damage, of any kind, direct or indirect, including, but not limited to, consequential, exemplary, incidental or punitive damages, or lost profits, even if WebRidesTV has been advised of the possibility of such damages. Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have WebRidesTV, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for WebRidesTV, to refund any monies actually paid by you for the product involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed timely or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that WebRidesTV assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.
16. Indemnity. You agree to indemnify, defend and hold WebRidesTV, its affiliates, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, representatives, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims, actions, damages, costs or expenses (including, without limitation, attorneys' fees and court costs), made against WebRidesTV by any third party arising out of or in connection with your use of the Site. WebRidesTV reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with WebRidesTV in the defense of any such claim, action, settlement or compromise negotiations, as requested by WebRidesTV.
17. Miscellaneous Terms; Governing Law; Dispute Resolution. The Site is operated by or on behalf of WebRidesTV and is intended solely and exclusively for users who are at least 13 years of age or older. This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and WebRidesTV and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
No action arising out of this Agreement or your use of the Site, 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) to the extent allowable by law. This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of California applicable to contracts made, executed and wholly performed in California, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Los Angeles County in the State of California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
If any controversy or dispute arises between WebRidesTV and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
18. Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
