1.
INTRODUCTION AND ACCEPTANCE
Welcome to RioLinx.com, a website and online service owned and operated by RioLinx. (“RioLinx” “we,” or “us”).
Please read these terms of use carefully before using RioLinx website (https://www.riolinx.com) (“Website’’). The services offered by Riolinx include the Website and any other features, content or applications offered from time to time by RioLinx in connection with our Website (“Services”).
By accessing or using our Services, you are agreeing that you have read, understood, and agreed to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Services.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services. This Agreement applies to all visitors, users, and others who access the Services (“Users”).
In addition to these Terms of Use, we have established a Privacy Policy to explain how user information is collected and used by us. A copy of this Privacy Policy can be found at
https://www.riolinx.com/WebPages/privacy.aspx and is incorporated by reference into these Terms of Use. By accessing or using any of our Website, you are signifying your acknowledgement and agreement to RioLinx's Privacy Policy.
2.
INTELLECTUAL PROPERTY
Our Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Websites are owned by us, our licensors, or both. Except as explicitly permitted under this agreement or any license agreement you enter into with RioLinx, you shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3.
WEBSITE ACCESS AND USE
3.1. When accessing our Website, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use and any or any license agreement you enter into with RioLinx, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
3.2. Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on any our Website or Website Content;
(ii) circumvent, disable or otherwise interfere with security-related features of our Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Websites or Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" our Website or Website Content for any purpose without the express written permission of RioLinx. Notwithstanding the foregoing, RioLinx grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. RioLinx reserves the right to revoke this permission (generally or specifically) at any time;
(iv) collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of our Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any our Website;
(viii) use network-monitoring software to determine architecture of or extract usage data from any of our Website;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as defined in Section B) without permission, etc.);
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Website.
3.3. You agree to cooperate fully with RioLinx to investigate any suspected or actual activity that is in breach of these Terms of Use.
4.
USER REGISTRATION
4.1. In order to access or use some features of our Website, you will have to become a registered user (‘’Registered User”). If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to RioLinx.
4.2. If you become a Registered User, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name/email and password (a "Membership"), which may grant you access to certain areas of our Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at
http://support.riolinx.com/support/home of any breach of security or unauthorized use of your Membership.
5.
USER CONTENT
5.1. We may now or in the future permit Users to post, upload, transmit through, or otherwise make available on our Website (collectively, "submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Websites. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
5.2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
5.3. RioLinx may delete any User Content that in the sole judgment of RioLinx violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. You are solely responsible for the User Content that you post and you represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) is a chain letter of any kind.
Moreover, any conduct by a User that in our sole discretion restricts or inhibits any other user from using or enjoying our Website will not be permitted.
5.4. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of any of our Websites and these Terms of Use.
5.5. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
5.6. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
6.
INDEMNIFICATION
You agree to indemnify and hold harmless RioLinx and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
7.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIOLINX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE RIOLINX WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES OR ACCESSED THROUGH ANY OF OUR WEBSITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES; (6) WARRANTIES THAT YOUR USE OF THE WEBSITES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
8.
LIMITATION ON LIABILITY
8.1. UNDER NO CIRCUMSTANCES SHALL RIOLINX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ARIXMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR WEBSITES OR ANY LINKS ON OUR WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITES.
8.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF RIOLINX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ARIXMEDIA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR WEBSITES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
8.3. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
9.
COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of RioLinx to terminate Membership privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to RioLinx by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on our Services;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at the following email
legal@riolinx.com.
10.
DISPUTES
If there is any dispute about
or involving our Services, you agree that the dispute shall be governed by the laws of the of the State of Delaware, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Delaware. Either RioLinx or you may demand that any dispute between RioLinx and you about or involving our Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in the State of Delaware, USA, provided that the foregoing shall not prevent Riolinx from seeking injunctive relief in a court of competent jurisdiction.
11.
AMENDMENT; ADDITIONAL TERMS
11.1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Website generally, unique parts of our Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
11.2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Websites or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Websites from time to time for any changes or Additional Terms. Your access and use of any our Websites following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section B herein or, if you do not have an Membership, your only recourse is to immediately discontinue use of our Websites.
12.
MISCELLANEOUS
12.1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
12.2. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
12.3. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. RioLinx may assign these Terms of Use or any rights hereunder without your consent and without notice.
13.
NOTICES
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: RioLinx, 871 E Hamilton Ave Suite D, Campbell CA 95008.
This Agreement was last revised on May 30, 2013.