DESCRIPTION OF SERVICE RiverWired is a social networking site that encourages a community of sharing and discovery. We provide registered account holders ("Members") with a platform and resources (collectively, the "Service") that allow them access to reliable information and a community of like-minded people.
As a Member of the RiverWired community, you have a responsibility to the community as a whole. We expect that you will use the Service for its intended purpose, act responsibly and respect the rights of other Members. This document details the conduct we expect and require of every Member of the RiverWired Service.
In order to use the Service, including new features or functionality that RiverWired may make available from time to time, Members must agree to be bound by the obligations of this Agreement. If you do not agree to be bound by them, you may not use the Service. If, upon use of the Site and entrance into this Agreement, Members fail to comply with any of these terms or engage in egregious abuse or other inappropriate activity, we have the right to terminate accounts and all corresponding content. Although we are not obligated to do so, we will make our best effort to notify you when we do this and explain why we have taken specific actions.
ELIGIBILITY Membership in the Service is void where prohibited. You must be thirteen or older to register as a Member of RiverWired, and registration by anyone under the age of thirteen is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site, you represent and warrant that you are thirteen or older and that you have the right, authority, and capacity to enter into this Agreement and abide by all of its terms and conditions. If, at any time and for any reason, RiverWired believes that you are under thirteen, it may terminate your membership and all corresponding content and/or prohibit you from using or accessing the Service or the Site in sole discretion, with or without notice.
REGISTRATION DATA AND ACCOUNT SECURITY In order to participate as a Member, with access to the community and resources of the RiverWired platform, you agree to provide true, accurate, current and complete registration information and to maintain and promptly update your data to keep it true, accurate, current and complete. When you register, you will assume a password and identification, and you will remain solely responsible for any and all activity that takes place under your password and identification, whether or not you have authorized such activity. It is up to you to maintain the confidentiality of your password and account information, and you agree to notify RiverWired immediately if you become aware of any unauthorized use of your account or other breach of security. RiverWired is not responsible for any loss or damage arising from failure to comply with these provisions.
USER CONDUCT This chapter covers all that is expected of you in order to use the RiverWired Service either as a registered Member or an unregistered User. The first section lists our requirements for use, then the second part details all prohibited behaviors.
You understand and agree that:You will abide by all parts of the RiverWired user's Bill of Rights; The Service and the Site are available for the personal, non-commercial use of individual Members only; You are solely responsible for any and all data, text, information, screen names, links, graphics, photos, profiles, audio and video clips, and links (collectively, "Content") that you post via the Service, and you will ensure that you either own or have the right to use any Content that you post; RiverWired may make private or delete any Content in your profile for any reason (for example, if it is deemed obscene or a possible copyright violation) and reserves the right to alter Content to comply with these Terms and Conditions (In this event, we will do our best to notify you and explain our actions, but we are not obligated to do so.); As part of the Service, RiverWired may contact you for various reasons, such as account creation confirmations, service announcements, administrative messages, and any opt-in communications (you will be able to opt out of most communications, but some are universal and mandatory, if limited). We will try to keep notes to a minimum, but if you would rather not receive ANY messages from us, you will need to cancel your account altogether.); RiverWired can terminate your account at any time for any reason (for example, if you violate any of these Terms and Conditions).
At all times, you must use the RiverWired Service in a manner consistent with any and all applicable laws and regulations. In addition, International Users must agree to comply with local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
You agree not to use the Service or the Site to:Post or otherwise make available any Content that abuses, maligns, flames, intimidates, impersonates, harasses, slanders or libels any RiverWired User, RiverWired employee, or the RiverWired Service itself; Post or otherwise make available any Content that we deem to be patently offensive to the RiverWired community, including content that is unlawful, obscene, fraudulent, invasive of privacy or publicity rights, racially or ethnically hateful, pornographic or sexually explicit, that promotes any act of cruelty to a living being, or that is otherwise objectionable; Pursue any illegal or unauthorized purpose, promote or make solicitations for any illegal or unauthorized activity, or violate any local, state or federal laws; Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "spam," "pyramid schemes," contests, sweepstakes or any other commercial solicitation, or collect usernames and/or email addresses of Members for such purposes; Register for more than one account, register for an account on behalf of an individual, group or entity other than yourself unless you are doing so as a fan or supporter of the entity and not as an authorized representative, or falsely state or otherwise misrepresent yourself or your affiliation with any individual, group or entity; Post or otherwise make available any Content belonging to third parties without proper authorization from the owner(s) of that Content and compliance with proprietary and intellectual property laws, such as trademark and copyright laws; Post or otherwise make publicly available the private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Transmit worms, viruses, or any other code of a disruptive or deceptive nature; Post any Content or engage in any activity that interferes with or disrupts the operation of the RiverWired Service or any servers or networks connected to the Service; Use or attempt to use another's account or Service without authorization from RiverWired, or create a false identity on the Service or the Site; Solicit personal information from anyone under eighteen years of age or solicit passwords or identities for any commercial or unlawful purposes; Post or otherwise make available any content that, in the sole judgment of RiverWired, is objectionable, in violation of these Terms and Conditions, inhibits any other person from using or enjoying the Site or the Service, or exposes RiverWired and its Users to harm or liability of any kind.
CONTENT POSTED ON THE SITE As a RiverWired Member, you will be able to Post Content on and through the Service and the Site. RiverWired does not claim ownership of such Content. (Note, though, that submissions for promotions run by other parties on this site may have different terms, and those terms will determine ownership of submissions.) The Content will be owned by you or, if you have permission to Post Content belonging to third parties, by those third parties. However, you grant RiverWired, to the fullest extent permissible by law, a worldwide, perpetual, irrevocable, fully-paid, transferable, non-exclusive license (with the right to sublicense) to reproduce, display, modify, adapt and publish your Content for any purpose on or in connection with the Site and its display, distribution and promotion. RiverWired may preserve, delete, or disclose Content if required to do so by law or if it believes that such preservation, disclosure or deletion is necessary to comply with due legal process, to enforce these Terms and Conditions, to respond to third party claims of Content violation or to protect the rights, property or safety of RiverWired, its users and the public.
RiverWired claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for any Content provided by third parties and members, and nothing in this Agreement is intended to waive or usurp such immunity. RiverWired cannot guarantee the accuracy, integrity or quality of such Content. RiverWired does not pre-screen content, but will have the right to remove Content for any reason (for example, if the Content violates these Terms and Conditions). Simply put, if you post Content on the Site or through the Service, you are responsible for it.
PROPRIETARY RIGHTS You acknowledge and agree that RiverWired owns and retains proprietary rights in the Site and the Service to certain copyrighted material, trademarks, and other proprietary information. Except for information in the public domain or for which you have been granted specific permission, you may not copy, distribute, frame, reproduce, republish, download, display, post, transmit or sell in any form or by any means any such proprietary information or material. You acknowledge and agree that to do so would constitute a copyright infringement or otherwise result in a violation of intellectual property rights and applicable laws.
TRADEMARKS The following are trademarks of RiverWired LLC:
COPYRIGHT COMPLAINTS If you believe that any material on the Site infringes upon any copyright that you own or control, please submit a written complaint to our Copyright Agent:
Wilson Sonsini Attn: Philip Lee 650 Page Mill Road Palo Alto, CA 94304-1050
To meet the notice requirements of the Digital Millennium Copyright Act (DMCA), the notification must be in written form and include the following, as outlined in DMCA Section 512(c)(3):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES RiverWired is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. RiverWired is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. RiverWired assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. RiverWired is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users, Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site or in connection with the Service. Under no circumstances will RiverWired be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided on an "AS-IS" and "AS-AVAILABLE" basis, and RiverWired expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RiverWired cannot guarantee and does not promise any specific results from use of the Site or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by users from RiverWired or through or from the service shall create any warranty not expressly stated herein.
LIMITATION ON LIABILITY You expressly understand and agree that RiverWired will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.
JURISDICTION AND VENUE If there is any dispute about or involving the Site or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York.
DISPUTE RESOLUTION If at any point, you feel as though you have a dispute with RiverWired, you agree to abide by our dispute resolution principles.You agree to read our FAQ file to see if your question has been previously answered. If that doesn't work, you agree to contact us, outlining your problem. If that doesn't work, you agree to send us a letter, by registered mail, to:
14 Fifth Avenue, Suite 2D New York, NY 10011If, after two weeks, you haven't found a satisfactory resolution, you agree to submit to binding arbitration, to be conducted by a member of the American Arbitration Association, in New York, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.
MEMBER DISPUTES You are solely responsible for your interactions with other RiverWired Users. We reserve the right, but have no obligation, to monitor disputes between you and other users. If you feel at any time that another User's conduct or Content is in violation of these Terms and Conditions, you reserve the right and recourse to "Flag" that Member's profile and all applicable Content so that we may investigate the matter fully and pursue any and all actions that we deem appropriate.
OTHER This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and RiverWired regarding the use of the Site and/or the Service, superseding any prior agreement between you and RiverWired. The failure of RiverWired to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. You may be subject to additional terms and conditions based on your use of affiliate services or of third-party content or software.