TERMS AND CONDITIONS
In order to access some Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
Email Communication. You must provide your electronic mail (“email”) address when registering to access some Services. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Red Star Media. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (ii) by clicking on the “unsubscribe” link in emails.
Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. Red Star Media reserves the right to discontinue any aspect of the Red Star Media Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by Red Star Media and its licensors.
You will not:
use the Site or Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail;
license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
modify or make derivative works based upon the Site or Services; or
reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or
access or make use of the Services and Site by scripts or automated services; or
impersonate any person or use a name that you are not authorized to use; or
compromise violate or impair system or network security or operation; or
defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; or
publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; or
advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; or
transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment; or
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; or
restrict or inhibit any other user from using and enjoying any public area within the Site; or
collect or store personal information about other users on the Site
Establish any external link within the Site; or
engage in any illegal activities.
Ownership of Intellectual Property
Red Star Media and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, trade secret, proprietary, and database protection rights. The Red Star Media name and logo are trademarks of Red Star Media, and no right or license is granted to you herein to use such trademarks.
Red Star Media will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services (“Results”). To the extent that any Results are collected by Red Star Media, such Results will be solely owned by Red Star Media and may be used by Red Star Media for any lawful business purpose without a duty of accounting to you, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.
Representations and Warranties
You represent, warrant and covenant for the benefit of Red Star Media that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to Red Star Media in connection with this Agreement and your access to the Site and use of the Services is correct and current.
You will indemnify, defend, and hold harmless Red Star Media and each of its respective employees, officer, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. Red Star Media will provide you with notice of any such claim or allegation, and Red Star Media will have the right to participate in the defense of any such claim at its expense.
YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. RED STAR MEDIA DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SITE AND THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SITE OR THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. RED STAR MEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY RED STAR MEDIA WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
ADDITIONALLY, YOU ACKNOWLEDGE THAT NEITHER RED STAR MEDIA, THE SERVICES, OR ITS SITE MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING COUNSELING, OCCUPATIONAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE INFORMATION, CONTENT, SERVICES, OPINIONS AND PRODUCTS PROVIDED ON THIS SITE ARE NOT AND SHOULD NOT BE CONSIDERED PROFESSIONAL OR OCCUPATIONAL ADVICE. RED STAR MEDIA YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
Limitation of Liability
The Site may contain links to third party sites that are not under the control of Red Star Media, and Red Star Media is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Red Star Media provides links only as a convenience and the inclusion of the link does not imply that Red Star Media endorses or accepts any responsibility for the content on those third party sites. Red Star Media welcomes links to the Site. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
All notices by you under this Agreement must be delivered in writing by courier, by email to [email protected], or by certified or registered mail (postage prepaid and return receipt requested) to Red Star Media’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Red Star Media may deliver a notice to you by posting of a general notice on the Site, which will be effective upon posting to the Site.
Red Star Media may terminate your use of the Site and Services, without cause, at any time and without notice to you. Termination pursuant to the foregoing sentence shall terminate your access to any Services. Red Star Media shall not be liable to you or to any third party for termination of your use of the Site or Services for any reason.
Disputes, Choice of Law, and Jurisdiction
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.
There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement by Red Star Media will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of Red Star Media. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.