Your Responsibilities. You agree:
- to provide and maintain and update information about you on the Revl Network, including in your Portfolio, to keep it true, accurate, current, and complete at all times.
- that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Revl Network and for paying all charges related thereto; and
not to use the Revl Network to:
- to violate any third party rights or any local, state, national, or international law or regulation;
- transmit any materials that are abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another?s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- stalk, harass, or harm another individual;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- interfere with or disrupt the Revl Network or servers or networks connected to the Revl Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the Revl Network.
- User Submissions. Revl does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display, or distribution to others through the Revl Network (collectively, "User Submissions"). As between Revl and you, you own all rights to your User Submissions. However, you grant to Revl an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. Revl reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Revl does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. Revl is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. Revl is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and Revl?s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
- Copyright Infringement. Revl respects the intellectual property rights of others. Accordingly, Revl has a policy of removing User Submissions that violate copyright law, suspending access to the Revl Network (or any portion thereof) to any user who uses the Revl Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Revl Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Revl has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Revl Network, please provide written notice to the following Revl agent for notice of claims of copyright infringement.
ATTN: Copyright Agent
[181 Fremont Street,
San Francisco, CA 94105]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Revl to locate that material; (d) contain adequate information by which Revl can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Revl?s designated agent.
- Feedback. If you choose to provide technical, business or other feedback to Revl concerning the Revl Network or any Revl products or services (collectively, "Feedback"), Revl will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by Revl of Feedback into any of its products or services does not grant you any proprietary rights therein.
- Termination and Suspension. Without limiting other remedies, Revl may terminate or suspend your Revl Network membership or suspend your access to all or part of the Revl Network without notice if Revl determines, in its sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that Revl believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Revl, any other Revl Network user, or any third party. You may discontinue your participation in and access to the Revl Network at any time.
- Modifications To Revl Network. Revl reserves the right to modify or discontinue the Revl Network with or without notice to you.
- Fees. Revl reserves the right at any time to charge fees for access to new Revl Network services or to portions of the existing Revl Network services or to the Revl Network as a whole. In no event will you be charged for access to any Revl Network services, or to the Revl Network as a whole, unless Revl obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
- Password and Security. You are responsible for maintaining the confidentiality of your Revl Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Revl of any unauthorized use of your password or any other breach of security related to the Revl Network. Revl reserves the right to require you to alter your password if Revl believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your password.
- Third Party Services; Integration and Links. Revl may integrate with or provide links to certain third party Internet sites and services (for example, LinkedIn, Facebook and Google) (collectively, such third parties, "Partners"). The Partner services made available through the Revl Network or the integration of the such sites and services with the Revl Network are for your convenience only and do not signify the endorsement by Revl of such Partner sites or services. YOU AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Revl WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY PARTNERS, ANY PARTNER SERVICES OR SITES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY AGREE THAT USE OF THE Revl NETWORK IS AT YOUR SOLE RISK. THE Revl NETWORK IS PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. Revl EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE Revl NETWORK AND ALL PARTNER SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). Revl MAKES NO WARRANTY THAT THE Revl NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE Revl NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, YOUR PORTFOLIO, DOCUMENTS, PHOTOGRAPHS, AND FILES) STORED BY YOU OR OTHERS ON THE Revl NETWORK IS NOT GUARANTEED AND THAT Revl WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE Revl NETWORK OR ITS UNAVAILABILITY. Revl MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Revl NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Revl NETWORK, OR THAT DEFECTS IN THE Revl NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY GOODS, SERVICES, MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Revl NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Revl OR THROUGH THE Revl NETWORK WILL CREATE ANY WARRANTY FROM Revl NOT EXPRESSLY MADE HEREIN.
- UNDER NO CIRCUMSTANCES WILL Revl OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT?S) USE OF THE Revl NETWORK.
- Disclaimer of Warranties. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Revl may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Revl?s liability will be the minimum permitted under such applicable law.
- Indemnification. You agree to indemnify, defend, and hold harmless Revl and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys? fees) that such parties may incur as a result of or arising from your (or anyone using your account?s) violation of these Terms. Revl reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Revl?s defense of such claim.
- Trademarks. ?Revl? and the Revl logo, and certain other of the names, logos, and materials displayed in the Revl Network, constitute trademarks, trade names, or service marks ("Marks") of Revl or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Revl or those other entities.
- Copyrights; Restrictions on Use. The content on the Revl Network (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Revl or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Revl and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
- Miscellaneous. These Terms, together with any additional terms to which you agree when using particular elements of the Revl Network (e.g., terms relating to the payment of fees for certain Revl Network content or services), constitute the entire and exclusive and final statement of the agreement between you and Revl with respect to the subject matter hereof, and govern your use of the Revl Network, superseding any prior agreements or negotiations between you and Revl with respect to the subject matter hereof. These Terms and the relationship between you and Revl will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Revl Network will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Revl to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Revl and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. 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 the Revl Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Revl Network.
- Date Last Modified. These Terms were last modified on May 16, 2012.