RedRovor TERMS OF SERVICE / END USER LICENSE AGREEMENT
This End-User License Agreement (the "Agreement") is a legally-binding contract between you and RedRovor (sometimes referred to below as "we", "us" or "our"). The Agreement governs your access to the Service (as defined below), and all materials contained in and distributed via the Service, including, without limitation all digital files (“Downloads”), as well as the images, and likenesses of persons, text, and video clips (together with Downloads, the "Content") that you access by means of the Service.
In order to access the Content, you must first agree to the terms and conditions of this Agreement. After you have read this Agreement, you can indicate your acceptance of its terms by clicking the "Purchase” button. By clicking the “Purchase” button, you acknowledge that you have read the Agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, click the "Cancel" or “Back” button and do not use the Service. By clicking the "Cancel" button, you will be unable to complete the registration process and you will not be permitted to access any Content contained on the Service.
GENERAL INFORMATION
The RedRovor service is an on-line distribution platform which enables the exhibition, distribution and sale of Content, and allows end users to view, preview and purchase such Content (the “Service”). YOU AGREE THAT RedRovor MAY COLLECT AND USE TECHNICAL AND RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO TECHNICAL INFORMATION ABOUT YOUR COMPUTER, SYSTEM AND APPLICATION SOFTWARE, AND PERIPHERALS, THAT IS GATHERED PERIODICALLY TO FACILITATE THE PROVISION OF SOFTWARE UPDATES, PRODUCT SUPPORT AND OTHER SERVICES TO YOU (IF ANY) RELATED TO THE SERVICE AND TO VERIFY COMPLIANCE WITH THE TERMS OF THIS Agreement. RedRovor MAY USE THIS INFORMATION TO IMPROVE OUR PRODUCTS OR TO PROVIDE SERVICES OR TECHNOLOGIES TO YOU. This Agreement provides: (i) information regarding your rights with respect to the Content; (ii) information regarding your rights with respect to your access to the Service; and, (iii) other important legal information. RedRovor’s privacy policy applies to data collected when you register with and use the Service and the terms of RedRovor’s privacy policy are incorporated herein and made a part of this EULA by this reference.
YOUR RIGHT TO USE THE SERVICE AND CONTENT; LIMITATIONS ON USE
Provided that you comply with this Agreement, RedRovor hereby grants to you a limited, non-exclusive, non-transferable, non-sublicenseable, and revocable license to enter, access and use the Service and to use the Content, subject at all times to the this EULA.
Your access to the Service, and all materials on the Service, including but not limited to the Content, are only for your personal, non-commercial use and you agree that you are purchasing and/or using the Content for your own personal use for entertainment purposes. You agree to comply with all applicable laws in your use of the Content. Unless specifically authorized by the copyright holder, you may not: upload the Content to the Internet; use the Content in conjunction with any other third-party content (e.g., to provide sound for a film); use any Content for promotional purposes; publicly perform the Content; sell or offer to sell the Content, or redistribute the Content including but not limited to, posting any Content (or copies thereof) for auction on any Internet auction site. Agreement
All rights in and to the Service and the Content not specifically granted in this Agreement are hereby reserved by RedRovor, its licensors and the copyright holders. No right, title or interest in any Content or the Service is transferred to you as a result of any downloading or copying or otherwise. Any use of the Content other than as permitted in this Agreement is a violation of the copyright in such Content under applicable laws, and is prohibited. You may not reverse engineer, decompile, translate, adapt, disassemble or otherwise tamper with the Content or the Service. You further agree that you will not attempt to modify the Service for any reason whatsoever, including for the purpose of disguising or changing ownership of the Content.
Software that is incorporated into the Service may require Updates (as defined below), and you agree that any such Updates may be automated. “Updates” may include, without limitation, modifications and/or reinstallations of the software, and available patches to address security, interoperability and/or performance issues. The terms of this Agreement will govern any Updates provided by RedRovor that replace and/or supplement the Service, unless such Update is accompanied by a separate license in which case the terms of that license will govern.
OWNERSHIP OF INTELLECTUAL PROPERTY
Content: All Content on the Service is protected by copyright under U.S. law, international conventions, and other laws. You cannot use the Content or the Service except as specified herein. Any unauthorized use of the Content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Trademarks: There are a number of proprietary logos, service marks, and trademarks (collectively, the “Trademarks”) found on the Service. “RedRovor”, the RedRovor logo, and other trademarks used in the Service are trademarks of RedRovor or a third party owner. Nothing contained on the Service should be construed as granting any license or right of use to any Trademark . RedRovor may terminate this Agreement and your right to access and use the Service for any unauthorized use of the Trademarks, at its sole discretion, at any time, with or without notice to you.
RedRovor STORE(S) AND SERVICES
You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, Trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by RedRovor and/or its licensors, and other third parties and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service, or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that RedRovor shall have no liability to you for Content that may be found to be offensive, indecent or objectionable. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not use the Service, or any element thereof, to trespass or burden network capacity. YOUR UNAUTHORIZED USE OF ANY SOFTWARE OR OTHER INTELLECTUAL PROPERTY UTILIZED IN THE FUNCTIONALITY OF THE SERVICE, OR ANY OTHER ELEMENT OF THEREOF, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
YOUR ACCOUNT AND PASSWORD
Registration with the Service requires you to open an account (including setting up a unique ID and password). You may only open an account for yourself, and not for any other person. You agree that the information you provide to RedRovor during the registration process and any other communications with RedRovor, are true, correct, complete, and current and you agree to update such information as necessary so that it remains current, true, correct, and complete. You agree that any information provided by you to RedRovor will not violate any law or regulation or infringe the rights of any third party. By opening an account, you are certifying that you are capable of entering a contract under the laws of your jurisdiction.
You will be asked during the registration process to proceed to a payment processor (which may include, without limitation PayPal, a credit or debit card company, or other payment solution) and submit information to that payment processor which will enable payments to be received by RedRovor for the sales of Content. All information that is submitted to the payment processor via an application program interface and will be handled, managed, and maintained by the payment processor; as such, the policies, including the privacy policy, of the payment processor will apply will apply to its use and treatment of your information. You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the Service cannot be guaranteed. You agree that you will consult the terms and conditions that are imposed by your credit or debit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit or debit card. You agree that, as between you and RedRovor, you will be solely responsible for the payment of all amounts billed to your credit or debit card by unauthorized third parties.
You are entirely responsible for maintaining the confidentiality of your account information, including your password and for any and all activity that occurs under your account. You agree to notify RedRovor immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by RedRovor, its third party licensors, or by any other user of or visitor to the Service due to the use of your unique ID, password or account by someone other than you. You shall not allow anyone else to use your unique ID, password or account at any time. RedRovor and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations.
AGE REQUIREMENTS
The Service is only available to persons eighteen (18) years of age and older. By clicking the "Purchase” button, you are representing to RedRovor that you are at least eighteen (18) years of age. Effective April 21, 2000, the Children’s Online Privacy Protection Act ("COPPA") was enacted into law and it imposed new rules regarding the collection of personal information from children younger than the age of thirteen (13). Because the RedRovor store(s) is not directed to children under the age of thirteen (13), we cannot offer the Content to such individuals. If you are under the age of thirteen (13), you may not create an account with the Service and you are requested not to provide any personal information to us.
REFUND POLICY
There are no refunds once Content is purchased. When you click the "Buy" button, your purchases are charged to the payment processor that you have selected within your account.
PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS
RedRovor does not determine the price of Content. Features, specifications, services and/or prices offered through the Service may vary and are subject to change at any time without notice and RedRovor does not provide price protection or refunds in the event of a price drop or a promotional offering. Purchases from the Service include sales tax (where applicable) and such tax will be based on the bill-to address. In such cases, the sales tax rate in effect at the time the Download occurs will apply. Other product and service limitations and disclaimers may apply. Special product or service offerings and promotions displayed on Service are considered no longer valid once they are removed from the Service. Additionally, all offerings and promotions are subject to change or cancellation at any time without notice.
ELECTRONIC SIGNATURES AND CONTRACTS
By using the Service and clicking the “Purchase” button for this Agreement, you acknowledge and agree that your electronic submissions constitute your agreement and intention to be bound by the Agreement and to pay for any purchases that are made in association with your account. Your agreement and intention to be bound by electronic submissions applies to all transactions you enter into through the Service, including without limitation, notices of cancellation,.
RedRovor’S RIGHT TO CHANGE THE SERVICE OR THE AGREEMENT.
RedRovor may add to, change or remove any part of the Agreement at any time. Any changes to the Agreement apply on the thirtieth (30th) business day following the date on which they are posted at http://www.RedRovor.com/en-us/eula.php. You should therefore periodically visit this page to review the then-current Agreement. By continuing to use the Service after any changes are posted, you are indicating your acceptance of those changes and of all of the terms contained therein. RedRovor (and/or the copyright holders of the Content, as applicable) may add, change, discontinue, remove, suspend, or discontinue the Service, or any part of Content thereof, including features and specifications of products described or depicted on the Service, temporarily or permanently, at any time, without notice to you and without liability.
RISK OF USE
RedRovor, its licensors, suppliers and affiliates assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, or browsing of the Content, the downloading of any materials, data, text, images, video, or audio from the Service or any other way, whether or not linked from the Service.
LINKS FROM OTHER WEB SITES
RedRovor is not responsible for the content of any web site linked to the Service. Your use of links is entirely at your own risk. Any links are provided for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the web site. RedRovor disclaims all warranties, express or implied, as to the accuracy, quality, or otherwise of any materials or information contained on such web sites.
WARRANTIES AND DISCLAIMER OF WARRANTIES
THE SERVICE, THE CONTENT, AND THE DOWNLOADS ARE PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, RedRovor AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE CONTENT, OR THE DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE SERVICE, THE DOWNLOADS, YOUR USE THEREOF, AND THE CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND RedRovor'S AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO THE SERVICE, THE CONTENT, AND THE DOWNLOADS WILL BE, AT RedRovor'S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE DOWNLOADS OR A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE DOWNLOAD.
DISCLAIMER AND RISK OF USE
The Service and the Content may contain views, advice, and opinions, which represent the views, advice, opinions, and statements of the individual authors and not necessarily those of RedRovor or its affiliates. RedRovor and affiliates, licensors, and suppliers do not represent or endorse the accuracy or reliability of any view, advice, opinion, statement or other information provided by the Service or the Content’s authors. Such views, opinions, advice, statements, or other information are solely those of the authors and cannot be attributed to RedRovor or its affiliates. Reliance upon such views, opinion, advice, statement, or other information shall also be at your own risk. Furthermore, RedRovor is not responsible for typographical errors. RedRovor and its affiliates, shall not be liable to you or any third party for any inaccuracy, error, omission, interruption, infringement of any intellectual property right, completeness, deletion, defect, failure of performance, communication line failure, regardless of cause, or for any damages resulting from any of the above. RedRovor, its affiliates and its licensors, suppliers and each of their affiliates, assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to or use of the Service or the Content.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL RedRovor, ITS AFFILIATES, LICENSORS, AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE SERVICE, THE CONTENT, THIS AGREEMENT OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR THE CONTENT IN VIOLATION OF THIS AGREEMENT, INCLUDING THE LIMITATIONS ON USE.
INDEMNIFICATION
You will defend and indemnify RedRovor and its affiliates, licensors, distributors, and suppliers (and each of their respective affiliates, officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the Service, and Content in violation of this Agreement.
TERMINATION
This Agreement is effective until terminated. This Agreement and your rights to access and use the Service are subject to immediate termination, without notice, if you breach any provision of this Agreement or if you use the Service, the Content or the Trademarks in violation of this Agreement. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach.
CHOICE OF LAW AND VENUE
This Agreement and your use of Service will be governed by the laws of the State of Tennessee, without regard to its conflicts of law principles. Your use of Service may also be subject to other local, state, national and/or international laws. You and RedRovor agree that any dispute between you and RedRovor arising out of or related to this Agreement, the Service or the Content will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the “AAA”) and conducted under the then-current rules of the AAA, except as otherwise provided below. You and RedRovor will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator who has practiced law in the music business for the last ten (10) consecutive years and will be limited solely to the dispute between you and RedRovor. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in the City of Nashville, Tennessee.
Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
You understand and agree that any unauthorized use of the Service (including all elements thereof), and any Content, or any related software or materials, would result in irreparable injury to RedRovor and its affiliates or licensors for which money damages would be inadequate, and in such event RedRovor, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that RedRovor, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
SURVIVAL
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND VENUE" will survive termination of this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and RedRovor with respect to its subject matter. No employee of RedRovor has the authority to alter or vary any of the policies of RedRovor, the Service, or the Agreement. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will be interpreted so as to reasonably effectuate the intention of the parties. RedRovor’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such provision or any other provision of this Agreement. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or content or extent of such section.
