Rage.com - Terms Of Use
Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and our Privacy Policy incorporated herein by reference, govern your access to and use of the Site, including any content, information products or services therein. This is a legal agreement between you and Operate .com Ltd. ("Rage").
Your Acceptance of These Terms and Conditions
BY VISITING THE RAGE WEBSITE (collectively, including all Content available through the Rage.com domain name, the "Rage Website", or "Website") AND/OR USING OR ACCESSING THE RAGE SERVICE (the "Service") IN ANY MANNER, AND WHETHER AT THE RAGE WEBSITE OR THROUGH A THIRD PARTY WEBSITE OR OTHER INTERFACE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE (these "Terms").
Additionally, by your use of the Service or Website, you hereby certify that (a) you are at least 18 years of age, (b) if you are providing access to the Service to any person who is under 18 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by Rage. Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service.
Right to Update and Modify
Rage reserves the right to update and revise these Terms from time to time without notice to you. The Terms and Conditions are freely available at the Website for view at any time. Your continued use of the Website will signify your assent to any amended terms.
Website Access
A. Rage hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Rage's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rage immediately of any breach of security or unauthorized use of your account. Although Rage will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Rage or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Rage servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rage grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rage reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Rage Website Links
The Rage Website may contain/provide, or third parties may provide, links to other websites or resources. Rage has no control over such sites and resources and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Therefore, you acknowledge and agree that Rage is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that Rage shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
Jurisdiction
The services and products contained within the pages of Rage.com are issued and available in the United States ("USA") and the United Kingdom ("UK") only and are intended for the information and use of the residents of the USA and the UK. Therefore, we do not make any warranties or representations, express or implied, that the Site or the information contained within the Site outside the USA and UK is compliant with applicable local laws or regulations or that the information can be legitimately used outside the USA or the UK.
Legal Disputes
NO CLASS ACTIONS: You hereby agree to waive any right under law to participate in any class-actions against Rage, its affiliates or its successors. CHOICE OF LAW AND CHOICE OF VENUE: You agree to submit any complaint or other cause of action that you may have against Rage, (including its affiliates or its successors), to the courts of England. You agree that the laws of the United Kingdom apply without regard to rules governing choice of law.
Intellectual Property Rights
You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of Rage, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by Rage or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to Rage may be disseminated or used by Rage or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by Rage's privacy policy. Further if you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Rage Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Rage Website or the Content therein.
User Submissions
A. The Rage Website may now or in the future permit the submission of videos or other communications, (such as any and all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials), submitted by you and other users ("User Submissions" or "Content") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Rage does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Rage to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Rage, you hereby grant Rage a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license (the "License") to use the Content in any commercially reasonable way, which may include, among others, the rights to: reproduce, adapt, distribute, prepare derivative works of, display, publish and perform the User Submissions in connection with the Rage Website and Rage's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Rage Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Rage Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Rage all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Rage or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Rage does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Rage expressly disclaims any and all liability in connection with User Submissions. Rage does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Rage will use commercially reasonable efforts to block or remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Rage reserves the right to remove Content and User Submissions without prior notice. Rage shall also terminate a User's access to its Website, if they are a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Rage also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Rage may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You acknowledge that Rage is under no obligation to pre-screen or otherwise review any Content, but also that Rage and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to us at HYPERLINK "mailto:copyrights(@)Rage.com" copyrights(@)Rage.com pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(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 you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rage's designated Copyright Agent to receive notifications of claimed infringement is: email: admin (@) operate.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Rage customer service admin (@) operate.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Rage Website, you will be exposed to User Submissions from a variety of sources, and that Rage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
F. Rage permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Rage provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Rage website on the pages containing the Embeddable Player. Rage reserves the right to discontinue any aspect of the Rage Website at any time.
G. You acknowledge and agree that Rage may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Rage, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Indemnification You agree to defend, indemnify and hold harmless Rage, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) RAGE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, RAGE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Rage DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Rage SHALL 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, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
YOU SPECIFICALLY ACKNOWLEDGE THAT RAGE SHALL NOT BE LIABLE FOR USER SUBMISIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Rage Website is not intended for users under 18. If you are under 18 years of age, then please do not use the Rage Website.
Severability
If any single provision of this agreement is held to be unenforceable, then the rest of the agreement shall remain enforceable and in full effect.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rage without restriction.
Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and our Privacy Policy incorporated herein by reference, govern your access to and use of the Site, including any content, information products or services therein. This is a legal agreement between you and Operate .com Ltd. ("Rage").
Your Acceptance of These Terms and Conditions
BY VISITING THE RAGE WEBSITE (collectively, including all Content available through the Rage.com domain name, the "Rage Website", or "Website") AND/OR USING OR ACCESSING THE RAGE SERVICE (the "Service") IN ANY MANNER, AND WHETHER AT THE RAGE WEBSITE OR THROUGH A THIRD PARTY WEBSITE OR OTHER INTERFACE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE (these "Terms").
Additionally, by your use of the Service or Website, you hereby certify that (a) you are at least 18 years of age, (b) if you are providing access to the Service to any person who is under 18 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by Rage. Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service.
Right to Update and Modify
Rage reserves the right to update and revise these Terms from time to time without notice to you. The Terms and Conditions are freely available at the Website for view at any time. Your continued use of the Website will signify your assent to any amended terms.
Website Access
A. Rage hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Rage's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rage immediately of any breach of security or unauthorized use of your account. Although Rage will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Rage or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Rage servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rage grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rage reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Rage Website Links
The Rage Website may contain/provide, or third parties may provide, links to other websites or resources. Rage has no control over such sites and resources and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Therefore, you acknowledge and agree that Rage is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that Rage shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
Jurisdiction
The services and products contained within the pages of Rage.com are issued and available in the United States ("USA") and the United Kingdom ("UK") only and are intended for the information and use of the residents of the USA and the UK. Therefore, we do not make any warranties or representations, express or implied, that the Site or the information contained within the Site outside the USA and UK is compliant with applicable local laws or regulations or that the information can be legitimately used outside the USA or the UK.
Legal Disputes
NO CLASS ACTIONS: You hereby agree to waive any right under law to participate in any class-actions against Rage, its affiliates or its successors. CHOICE OF LAW AND CHOICE OF VENUE: You agree to submit any complaint or other cause of action that you may have against Rage, (including its affiliates or its successors), to the courts of England. You agree that the laws of the United Kingdom apply without regard to rules governing choice of law.
Intellectual Property Rights
You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of Rage, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by Rage or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to Rage may be disseminated or used by Rage or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by Rage's privacy policy. Further if you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Rage Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Rage Website or the Content therein.
User Submissions
A. The Rage Website may now or in the future permit the submission of videos or other communications, (such as any and all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials), submitted by you and other users ("User Submissions" or "Content") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Rage does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Rage to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Rage, you hereby grant Rage a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license (the "License") to use the Content in any commercially reasonable way, which may include, among others, the rights to: reproduce, adapt, distribute, prepare derivative works of, display, publish and perform the User Submissions in connection with the Rage Website and Rage's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Rage Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Rage Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Rage all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Rage or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Rage does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Rage expressly disclaims any and all liability in connection with User Submissions. Rage does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Rage will use commercially reasonable efforts to block or remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Rage reserves the right to remove Content and User Submissions without prior notice. Rage shall also terminate a User's access to its Website, if they are a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Rage also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Rage may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You acknowledge that Rage is under no obligation to pre-screen or otherwise review any Content, but also that Rage and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to us at HYPERLINK "mailto:copyrights(@)Rage.com" copyrights(@)Rage.com pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(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 you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rage's designated Copyright Agent to receive notifications of claimed infringement is: email: admin (@) operate.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Rage customer service admin (@) operate.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Rage Website, you will be exposed to User Submissions from a variety of sources, and that Rage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
F. Rage permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Rage provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Rage website on the pages containing the Embeddable Player. Rage reserves the right to discontinue any aspect of the Rage Website at any time.
G. You acknowledge and agree that Rage may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Rage, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Indemnification You agree to defend, indemnify and hold harmless Rage, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) RAGE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, RAGE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Rage DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Rage SHALL 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, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
YOU SPECIFICALLY ACKNOWLEDGE THAT RAGE SHALL NOT BE LIABLE FOR USER SUBMISIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Rage Website is not intended for users under 18. If you are under 18 years of age, then please do not use the Rage Website.
Severability
If any single provision of this agreement is held to be unenforceable, then the rest of the agreement shall remain enforceable and in full effect.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rage without restriction.