Your use
of our Internet sites or any of the products or services
offered on those sites (collectively, the "Services") is
subject to these Terms of Use (these "Terms"). We may
modify these Terms at any time without notice to you by
posting revised Terms on our sites. Your use of our
sites constitutes your binding acceptance of these
Terms, including any modifications that we make.
Some of
the Services may be subject to additional posted
conditions. Your use of those Services is subject to
those conditions, which are incorporated into these
Terms by reference. In the event of an inconsistency
between these Terms and any additional posted
conditions, the provisions of the additional conditions
shall control.
We have
the right, but not the obligation, to take any of the
following actions in our sole discretion at any time and
for any reason without giving you any prior notice:
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(1) |
Restrict, suspend, or terminate your access to
all or any part of our Services; |
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(2) |
Change, suspend, or discontinue all or any part
of our Services; |
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(3) |
Refuse, move, or remove any material that you
submit to our sites for any reason; |
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(4) |
Refuse, move, or remove any content that is
available on our sites; |
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(5) |
Deactivate or delete your accounts and all
related information and files in your account;
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(6) |
Establish general practices and limits
concerning use of our sites. |
You agree
that we will not be liable to you or any third party for
taking any of these actions.
You
understand and agree that our Services may include
communications such as service announcements and
administrative messages from us or from our partners and
that these communications are considered part of the
Services. You will not be able to opt out of receiving
these messages. You also understand that our Services
may include advertisements.
Content
on our sites
Our sites include a combination of content that we
create, that our partners create, and that our users
create. All materials published on our sites, including,
but not limited to, written content, photographs,
graphics, images, illustrations, marks, logos, sound or
video clips, and Flash animation, are protected by our
copyrights or trademarks or those of our partners. You
may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works
of, distribute, publicly perform, publicly display, or
in any way exploit any of the materials or content on
our sites in whole or in part.
You are
solely responsible for all materials, whether publicly
posted or privately transmitted, that you upload, post,
e-mail, transmit, or otherwise make available on our
sites ("Your Content"). You certify that you own all
intellectual property rights in Your Content. You hereby
grant us, our affiliates, and our partners a worldwide,
irrevocable, royalty-free, nonexclusive, sublicensable
license to use, reproduce, create derivative works of,
distribute, publicly perform, publicly display,
transfer, transmit, distribute, and publish Your Content
and subsequent versions of Your Content for the purposes
of (i) displaying Your Content on our sites, (ii)
distributing Your Content, either electronically or via
other media, to users seeking to download or otherwise
acquire it, and/or (iii) storing Your Content in a
remote database accessible by end users, for a charge.
This license shall apply to the distribution and the
storage of Your Content in any form, medium, or
technology now known or later developed.
Our
site contains content that we create as well as content
provided by third parties. This content includes, among
other things, product reviews, and white papers. It also includes information about products and
services offered by parties other than Rush2Win, such as
product descriptions, specifications, pricing,
availability, and performance. We do not guarantee the
accuracy, the integrity, or the quality of the content
on our sites, and you may not rely on any of this
content. Without limitation, we are not responsible for
postings by users in the user opinion, message board, or
feedback sections of our sites.
You may
be exposed to content that you find offensive, indecent,
or objectionable or that is inaccurate, and you bear all
risks associated with using that content. We have the
right, but not the obligation, to remove any content
that may, in our sole discretion, violate these Terms or
that is otherwise objectionable.
Third-party sites, products, and Services
Our sites contain links to other Internet sites owned by
third parties. Your use of each of those sites is
subject to the conditions, if any, that each of those
sites has posted. We have no control over sites that are
not ours, and we are not responsible for any changes to
or content on them. Our inclusion on our sites of any
third-party content or a link to a third-party site is
not an endorsement of that content or third-party site.
We do
not sell, resell, or license any of the products or the
services that we review, list, or advertise on our
sites, and we disclaim any responsibility for or
liability related to them. Your correspondence or
related activities with third parties, including payment
transactions and goods-delivery transactions, are solely
between you and that third party. You agree that we will
not be responsible or liable for any loss or damage of
any sort incurred as the result of any of your
transactions with third parties. Any questions,
complaints, or claims related to any product or service
should be directed to the appropriate vendor.
Rush2Win fee-based services
Some of the Services require you to pay a fee, as
described in the specific conditions included where
those Services are offered. You agree to pay all fees
and charges that you incur. Unless otherwise noted, all
currency references are in U.S. dollars. We may, upon
notice if required by applicable laws, at any time
change the amount of, or basis for determining, any fee
or charge, or institute new fees or charges. All fees
and charges are payable in accordance with payment terms
in effect at the time the fee or the charge becomes
payable.
Privacy
policy
All of the information that we collect from you, such as
registration and credit card information, is subject to
our privacy policy. Please click here to see our full
privacy policy.
Your
conduct on our sites
If we request registration information from you, you
will provide us with true, accurate, current, and
complete information. You will promptly update your
registration to keep it accurate, current, and complete.
If we issue you a password, you may not reveal it to
anyone else. You may not use anyone else's password. You
are responsible for maintaining the confidentiality of
your accounts and passwords. You agree to immediately
notify us of any unauthorized use of your passwords or
accounts or any other breach of security. You also agree
to exit from your accounts at the end of each session.
We will not be responsible for any loss or damage that
may result if you fail to comply with these
requirements.
The
technology and the software underlying our sites and the
Services is the property of Rush2Win, our affiliates,
and our partners. You agree not to copy, modify, rent,
lease, loan, sell, assign, distribute, reverse engineer,
grant a security interest in, or otherwise transfer any
right to the technology or software underlying our sites
or the Services. You agree not to modify the software
underlying our sites in any manner or form or to use
modified versions of such software, including (without
limitation) for the purpose of obtaining unauthorized
access to our sites.
Without
limiting the foregoing, you agree that you will not use
our sites to take any of the following actions:
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(1) |
Defame, abuse, harass, stalk, threaten, or
otherwise violate the legal right of others; |
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(2) |
Publish, post, upload, e-mail, distribute, or
disseminate (collectively, "Transmit") any
inappropriate, profane, defamatory, infringing,
obscene, indecent, or unlawful content;
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(3) |
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
sites, any software or hardware, or
telecommunications equipment; |
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(4) |
Advertise or offer to sell any goods or services
for any commercial purpose unless you have our
written consent to do so; |
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(5) |
Transmit surveys, contests, pyramid schemes,
spam, unsolicited advertising or promotional
materials, or chain letters; |
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(6) |
Download any file that you know or reasonably
should know cannot be legally obtained in such
manner; |
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(7) |
Falsify or delete any author attributions, legal
or other proper notices or proprietary
designations or labels of the origin or the
source of software or other material; |
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(8) |
Restrict or inhibit any other user from using
and enjoying any public area within our sites; |
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(9) |
Collect or store personal information about
other end users; |
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(10) |
Interfere with or disrupt our sites, servers, or
networks; |
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(11) |
Impersonate any person or entity, including, but
not limited to, a Rush2Win representative, or
falsely state or otherwise misrepresent your
affiliation with a person or entity; |
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(12) |
Forge headers or manipulate identifiers or other
data in order to disguise the origin of any
content transmitted through our sites or to
manipulate your presence on our sites;
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(13) |
Take any action that imposes an unreasonably or
disproportionately large load on our
infrastructure; |
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(14) |
Engage in any illegal activities. |
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You
agree to use our bulletin board services, chat areas,
news groups, forums, communities and/or message or
communication facilities (collectively, the "Forums")
only to send and receive messages and material that are
proper and related to that particular Forum.
If you
choose a username that, in our sole discretion, is
obscene, indecent, abusive or that might otherwise
subject us to public disparagement or scorn, we reserve
the right, without prior notice to you, to automatically
change your username, delete your posts from our sites,
deny you access to our sites, or any combination of
these options.
Unauthorized access to our sites is a breach of these
Terms and a violation of the law. You agree not to
access our sites by any means other than through the
interface that is provided by Rush2Win for use in
accessing our sites. You agree not to use any automated
means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy any
part of our sites, except those automated means that we
have approved in advance and in writing.
Use of
our sites is subject to existing laws and legal process.
Nothing contained in these Terms shall limit our right
to comply with governmental, court, and law-enforcement
requests or requirements relating to your use of our
sites.
Requests to remove certain content from our sites
If you believe that certain content should be removed
from the site, please send your requests to
admin@Rush2Win.com
Indemnification
You hereby agree to indemnify, defend and hold Rush2Win
and all of our officers, directors, owners, employees,
agents, information providers, affiliates, partners, and
licensors (collectively, the "Rush2Win Parties")
harmless from and against any and all liability, losses,
costs, and expenses (including attorneys' fees) incurred
by any Rush2Win Party in connection with any claim,
including, but not limited to, claims for defamation,
violation of rights of publicity and/or privacy,
copyright infringement, or trademark infringement
arising out of:
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(1) |
Your use of our sites; |
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(2) |
Any use or alleged use of your accounts or your
passwords by any person, whether or not authorized
by you; |
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(3) |
The content, the quality, or the performance of
content that you submit to our sites; |
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(4) |
Your connection to our sites; |
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(5) |
Your violation of these Terms; or |
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(6) |
Your violation of the rights of any other person or
entity. |
We
reserve the right, at our own expense, to assume the
exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to
cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the
failure to store, the misdelivery, or the untimely
delivery of any information or material. We disclaim any
responsibility for any harm resulting from downloading
or accessing any information or material on the Internet
using search results from our sites. We disclaim any
responsibility for, and if you subscribe to one of our
fee-based services you will not be entitled to a refund
as a result of, any service outages that are caused by
our maintenance on the servers or the technology that
underlies our sites, failures of our service providers
(including telecommunications, hosting, and power
providers), computer viruses, natural disasters or other
destruction or damage of our facilities, acts of nature,
war, civil disturbance, or any other cause beyond our
reasonable control.
WE DO
NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR
ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS
TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH
OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR
ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR
SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR
SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET
YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY
CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR
PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE
ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR
SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER
WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME
STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF
OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Arbitration
Rush2Win may elect to resolve any controversy or claim
arising out of or relating to these Terms or our sites
by binding arbitration in accordance with the commercial
arbitration rules. Any such controversy or claim shall
be arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be
conducted in Vancouver, British Columbia, Canada and
judgment on the arbitration award may be entered in any
court having jurisdiction thereof. Either you or we may
seek any interim or preliminary relief from a court of
competent jurisdiction in Vancouver, British Columbia,
Canada necessary to protect the rights or the property
of you or Rush2Win Entertainment, Inc. (or its agents, suppliers, and
subcontractors), pending the completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify you
of certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting
them on our sites or delivering them to you through
e-mail. You may update your e-mail address by visiting
the Services where you have provided contact
information. If you do not provide us with accurate
information, we cannot be held liable if we fail to
notify you. You have the right to request that we
provide such notices to you in paper format. Our failure
to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or
provision.
You
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 our sites or these Terms must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
These
Terms, including all terms, conditions, and policies
that are incorporated into these terms by reference,
constitute the entire agreement between you and Rush2Win
and govern your use of our sites, superceding any prior
agreements that you may have with us.
These
Terms shall be construed in accordance with the laws of
the Province of British Columbia, and the parties
irrevocably consent to bring any action to enforce these
Terms before an arbitration panel or before a court of
competent jurisdiction in Vancouver, British Columbia,
Canada, if seeking interim or preliminary relief or
enforcement of an arbitration award.
If any
part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law, then the
invalid or unenforceable provision will be deemed
superceded by a valid, enforceable provision that most
closely matches the intent of the original provision,
and the remainder of the Terms shall continue in effect.