Definitions. In these Terms, the words:
License. In accordance with these Terms, we grant you a non-exclusive, non-transferable, personal, terminable license to view and use RAVED, including any information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are visible via RAVED (the “Materials”), only for the purposes described in the RAVED user documentation and only in accordance with these Terms. You do not have the right to separately copy or reproduce any Materials apart from your use of RAVED. All Materials accessed through RAVED are subject to any copyright, trademark, or other proprietary notice included in the Materials. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of RAVED.
Use Restrictions and Conditions. Your use of RAVED is subject to the following restrictions and conditions, which you agree not to attempt or do while using RAVED:
Materials and User Content. You understand that all Materials and, where permitted, user generated feedback, materials or information (“User Content”) that are accessed or transmitted via RAVED are the sole responsibility of the person or company from whom the Materials originated. You agree that Apptera is not responsible for examining or evaluating the Materials or their accuracy and Apptera does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Apptera is not in any way responsible for any such use by you. Apptera reserves the right to (i) delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or User Content, or other messages, information or files which Apptera, in its sole discretion, deems objectionable and (ii) to restrict, suspend, or terminate your access to all or any part of RAVED, or to deactivate or delete your accounts and all related information and files in your account. By submitting any User Content, you automatically grant (or warrant that the owner of such rights has expressly granted) Apptera a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content or incorporate such User Content into any form, media or technology now known or later developed throughout the world. Apptera shall have the right to further sublicense these rights to third parties. You warrant that all so-called “moral rights” in the User Content have been waived.
Objectionable Material. You understand that by using RAVED, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use RAVED at your sole risk and Apptera shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that Apptera does not guarantee their accuracy.
Use Charges. Use of RAVED requires a compatible mobile device. You are responsible for knowing how your device works. Neither Apptera nor any of its affiliates shall have any liability to you for use charges related to any device that you use to access RAVED or use and receive Materials, including, without limitation, charges for cellular telephones, smart phones and other mobile devices.
Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through RAVED may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in “writing.” You acknowledge that your electronic submissions pertaining to any transactions constitute your agreement and intent to be bound by and to pay for such transactions.
Use by Children. Protecting children’s privacy is very important to us. RAVED is not intended for use by children under thirteen (13) years of age and we do not intentionally collect or maintain any personal information from children. Apptera believes there is no information on RAVED that is inappropriate for viewing by children. Ordering online products and services from or through RAVED is limited to adults (ages 18+). If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Intellectual Property. You agree that RAVED, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement RAVED, contains proprietary information and material that is owned by Apptera and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of RAVED in compliance with this Agreement. No portion of RAVED or the Website may be reproduced in any form or by any means, except as expressly permitted in these terms.
Your Representations and Warranties. You represent and warrant for the benefit of Apptera, its affiliates and any third parties mentioned on RAVED that: (a) you possess the legal right and ability to agree to and make the representations contained in these Terms; (b) all User Content submitted by you to RAVED is true and accurate; (c) you possess all legal rights in and to the User Content which you post, upload or distribute through RAVED; and (d) you will not use RAVED for any purpose that is unlawful or prohibited by these Terms or applicable law.
No Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, RAVED IS AT YOUR SOLE RISK. THE SITE, MATERIALS AND PRODUCTS OFFERED AT THE SITE, ARE PROVIDED TO YOU “AS IS,” “WHERE IS” AND WITH “ALL FAULTS.” APPTERA MAKES NO WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF RAVED OR MATERIALS; RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON RAVED; AND ANY DUTIES OF REASONABLE CARE.
Dangerous Activities. APPTERA DOES NOT RECOMMEND USE OF RAVED DURING CERTAIN ACTIVITIES, SUCH AS DRIVING,WHERE SUCH USE IS UNLAWFUL OR THERE EXISTS A SIGNIFICANT RISK OF AN ACCIDENT. YOU AGREE NOT TO USE RAVED OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND APPTERA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA) OR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, OR THE MATERIALS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF RAVED.
Linked Sites. Web links may appear on RAVED that may be used to link to other providers. These links are provided as a courtesy to our users. Apptera has no control over the other providers or the materials, information, goods or services available or contained at their locations. Apptera is not responsible for and does not endorse or warrant in any way any privacy or other practices of such providers or any materials, information, goods or services available through such linked Websites. If you decide to access any of the linked providers, you do so entirely at your own risk. Apptera reserves the right to terminate any link at any time.
Amendments; Complete Agreement. You agree that we may from time to time amend or add to these Terms (“Amendments”), including without limitation, Amendments that add registration fees or change payment methods or requirements. Notice of such Amendments will be delivered via RAVED and each such Amendment will be effective immediately after notice unless an earlier time is specified by Apptera. Your use of RAVED after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and refrain from using RAVED or Apptera’s products, services or content after that date. These Terms and any Amendments, your registration and any consents provided by you, the disclosures provided by us on RAVED and in conjunction with Materials and User Content delivered or accessible via a mobile device, constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties.
No Waiver/Severability. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Applicable Laws. Any claim related to the use of RAVED, Materials or User Content shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought in connection with RAVED, Materials or User Content, or any other Apptera content or services shall be brought in either the state or federal courts with jurisdiction in Santa Clara County, California. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by California law.
Suspension; Termination. Apptera reserves the right to modify, suspend, or discontinue RAVED (or any part or content thereof) at any time with or without notice to you, and Apptera will not be liable to you or to any third party should it exercise such rights. If you fail, or Apptera suspects that you have failed, to comply with any of the provisions of this Agreement, Apptera, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to RAVED (or any part thereof).
General Notices. All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in RAVED or Materials, should be addressed to:
944 Industrial Ave.
Palo Alto, CA 94303
Communications made through email or RAVED’s messaging system shall in no way be deemed to constitute legal notice to Apptera or any of its officers, employees, agents or representatives, where such notice to Apptera is required by contract, or any federal, state or local laws, rules or regulations.
Notice of Copyright Infringement. Apptera respects the intellectual property rights of others. The following represents Apptera’s policy regarding copyright infringement and Apptera’s designation of a Copyright Agenet for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512). If you believe that Materials or User Content reproduced or offered for viewing or sale on RAVED in any way constitutes copyright infringement of your work, you may provide a notice to the Copyright Agent (noted below) containing the following:
Copyright infringement claims and notices (but not other notices) should be sent to the attention of the Copyright Agent at the following address:
944 Industrial Ave.
Palo Alto, CA 94303
If Apptera receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material, as permitted by applicable law, and will take reasonable steps to notify the opposite party that the material has been removed on the basis of a copyright infringement allegation.