PLEASE READ CAREFULLY
GENERAL REGISTRATION REQUIREMENTS
SAFEGUARD YOUR USERNAME AND PASSWORD
You are responsible for any actions that take place while using your RTD account. Keep your username and password secure and do not allow anyone else to use them to access the Site. RTD is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge. You agree to (a) immediately notify RTD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another member’s account without prior authorization from RTD. RTD will not be liable for any loss or damage arising from your failure to comply with this Agreement.
RTD grants to you a limited, revocable, non-sublicensable license to Stream (“Stream” means a contemporaneous digital transmission of a sound recording or audiovisual work via the Internet from the RTD Site to a user’s device in such a manner that the data is intended for real-time listening or viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Site recordings and videos for any purpose or in any manner other than Streaming is expressly prohibited.
use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
copy, modify, publicly display, post, distribute, or exploit in any way the Materials or other data or information from the Site for commercial purposes, including commercial publication, sale or personal gain;
mirror any Materials contained on this Site or any RTD server or use framing techniques to enclose the Site or any part thereof;
circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;
perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large service request or usage load on our Site infrastructure;
change or remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials;
impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
use any metatags or any other hidden text incorporating RTD’s name or trademarks in any online site or posting;
solicit, trace or otherwise collect any information from users or visitors of the Site;
use the Site for commercial activities such as contests or advertising;
create a database by downloading and storing the Materials or any part thereof; or
post any information, testimonial, data, text, music, sound, photograph, graphic, video or message (collectively “Content”) that:
could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable;
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other members;
involves commercial activities and/or sales without Building Bridges’ prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component
Your feedback and Site participation are important to us. With respect to any content you submit or make available to RTD or on the Site (including through social media channels), such as your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant to RTD a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.
In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
USER CONTENT IS NOT PRESCREENED
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
RTD respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at firstname.lastname@example.org and provide the following information:
(i) A description of the copyrighted work that you believe has been infringed;
(ii) A description of what the allegedly infringing work is;
(iii) A description of the location where the allegedly infringing work is located on the Website;
(iv) An address and telephone number where you can be contacted, including an email address if possible;
(v) A statement 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 physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
TRADEMARK INFRINGEMENT NOTICE PROCEDURE
If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), please contact us at email@example.com and provide the following information:
(i) The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
(ii) The jurisdiction or geographical area to which the mark applies.
(iii) The name, post office address and telephone number of the owner of the mark identified above.
(iv) The goods and/or services covered by or offered under the mark identified above.
(v) A description of the manner in which the you believe your mark is being infringed upon.
(vi) The precise location of the infringing mark.
PRESERVATION AND DISCLOSURE
LINKS TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that is fair, clearly identifies RTD, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.
No Sharing. Members of RTD may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any member will be construed as fraudulent use of the Site, which will result in the immediate cancellation of membership without refund.
Fraudulent Use. RTD reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Billing. Memberships are billed annually. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, RTD will not reimburse the member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If RTD later increases the price of the subscription, RTD will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due. There are no refunds.
Product Orders: All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
Electronic Payment Vendors: Some payments may be processed through electronic payment vendors. Your relationship with any electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in the vendor’s agreement and posted on their website.
Returns and Refunds: All sales are final and we do not accept returns. If, however, you have a problem or are unsatisfied with your order in any way, please contact us by filing a support request here: firstname.lastname@example.org
Shipping: Currently, we ship anywhere in the United States where USPS will ship. Products usually ship within 2-3 weeks after we receive your order.[AS4]
REPRESENTATIONS AND WARRANTIES
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. RTD DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. RTD ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. RTD ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.
LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RTD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and RTD may be recorded.
THIRD PARTY SITES
The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
d. Limitations on Claims.
Any cause of action or claim you may have with respect to RTD or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
e. No Waiver.
g. Entire Agreement.
[AS1]This date will change each time you update your TOU.