Effective Date: July 1, 2020
Your Account, User Names, and Passwords
You may be required to set up an account with RCTV in order to access certain areas of the Website. You must be at least the age of majority in your jurisdiction to register for an account and only one (1) account is allowed per person.
You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access the Website and you agree not to transfer your password, user name, account or the use of your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with your password or user name. You agree to immediately notify RCTV at [email protected] of any unauthorized use of your password or user name or any other breach of security related to your account or the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Product Descriptions and Information
We attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Any reliance you place on information found on the Website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Privacy and Protection of Personal Information
You agree to use the Website, the Materials (as defined below) and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter eggs, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Website’s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website, the Materials or any User Content, or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website
Ownership of Materials, Website Access, and Limited License
The Website as a whole, the design of the Website, and all of the Website’s content, including, without limitation, any materials, information, matter, files, text, data, graphics, logos, designs, pictures, photographs, images, illustrations, computer generated displays and interfaces, software, audio recordings, video recordings, audiovisual recordings, musical works, documents, articles, advertising copy and other works of any nature whatsoever (collectively, the “Materials”), is owned or licensed by RCTV and protected by applicable U.S. and international copyright, trademark, patent and/or other intellectual property laws. The selection, coordination, arrangement and other compilation of the Materials on the Website is the exclusive property of RCTV and is protected by U.S. and international copyright laws.
You may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, license, create works derived from, transfer, sell or otherwise use the Materials in any way for any public or commercial purpose without the prior written consent of RCTV. You may not modify any Materials downloaded for personal purposes, and you may not delete or alter any copyright, trademark or other notices of proprietary rights from any Materials downloaded from the Website. RCTV neither warrants or represents that your use of the Materials will not violate any law or infringe upon the rights of any third party. All rights not granted to you herein are expressly reserved and owned by RCTV or RCTV’s licensors.
Comments, Feedback and Other Submissions
All comments, questions, reviews, suggestions, feedback, materials, ideas, information and other submissions that you submit or offer to RCTV in connection with your use of this Website, including, without limitation, any User Content, will be treated as non-confidential and non-proprietary and become and remain the sole and exclusive property of RCTV, unless otherwise prohibited by law.
Rules for Sweepstakes, Contests and Similar Promotions
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of the Materials offered through the Website or otherwise interrupt or attempt to interrupt the operation of the Website. If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any such circumvention or other fraudulent act with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.
Revisions to the Website
We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the Website or any services offered through the Website without notice to you; (ii) limit the Website’s availability to any persons, geographic areas or jurisdictions we choose; (iii) offer opportunities to some or all of the users of the Website. You acknowledge and agree that neither RCTV nor any of the RCTV Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Website, the Materials or any services offered through the Website.
We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts to: (i) upload User Content to the Website; (iii) modify the Website’s Materials or any User Content and/or (iii) cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.
United States Operations
RCTV controls and operates our Website from its offices in the United States, and makes no representation that our Website is appropriate or available for use beyond the United States. If you use our Website from other locations, you are doing so at your own risk and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Website may describe products and services that are available only in certain states of the United States (or only parts of it). We reserve the right to limit the availability of our Website and/or the provision of any Materials, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, product, service, or other feature that we provide.
Disclaimer of Warranties
To the fullest extent provided by law, RCTV hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent permissible pursuant to applicable law, RCTV shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, special or consequential damages), whether based on warranty, contract, tort, or any other legal theory, including, but not limited to, damages for loss of data or other damage to any other intangible property resulting from the use or inability to use this Website, the disclosure of, unauthorized access to, or alteration of any transmission or data, tort (including negligence), breach of contract, or otherwise, even if foreseeable.
SEE “EXCLUSIONS AND LIABILITIES” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
You agree to indemnify, defend and hold RCTV, the RCTV Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively, the “RCTV Indemnified Parties”) from and against any and all costs, expenses, fees, including, without limitation attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the RCTV Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the Website or the Materials (including, without limitation, your posting of any User Content on the Website); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.
SEE “EXCLUSIONS AND LIABILITIES” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
Governing Law, Venue and Jurisdiction
Exclusions and Limitations; New Jersey Consumer Protection Notice