Terms of Use
Updated: December 1, 2023
1. This is a Legal Agreement
The websites located at https://riotnewmedia.com, https://bookriot.com, https://insiders.bookriot.com, or https://mytbr.co (the “Site) are copyrighted works belonging to Riot New Media Group, Inc. (“Riot New Media Group, Inc.,” “we,” “us,” or “our”). Riot New Media Group, Inc. grants you the right to use each Site subject to the terms and conditions set forth below (these “Terms of Use”). These Terms of Use apply to each Site, and all other websites, features, mobile applications, or online services that are owned or controlled by Riot New Media Group, Inc. and that post or include a link to these Terms of Use, whether accessed via computer, mobile device, or otherwise.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW; DISPUTES; ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND RIOT NEW MEDIA GROUP, INC., WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. SUBJECT TO THE EXCEPTIONS AND OPT-OUT PROVISIONS IN THAT SECTION, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND BY ACCESSING OR USING THE WEBSITE AND NOT OPTING OUT OF THESE PROVISIONS, YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
To access and use certain features of the Site or to participate in certain programs offered by Riot New Media Group, Inc., you may be required to agree to certain additional terms and conditions (“Additional Terms”) and to register for those programs or features. For example, if you wish to participate in the Riot New Media Group, Inc. Contributor Program and contribute to the blog on our Site (our “Blog”), you must agree to our Contributor Terms and register for an account on our Site. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. All such Additional Terms and the Riot New Media Group, Inc. Privacy Policy and Content Policy are hereby made a part of these Terms of Use.
2. Account
In order to use certain features of the Site, you must register for an account with Riot New Media Group, Inc. (“Account”) and provide certain information about yourself as prompted by the Site registration form. In order to use the Site you will be required to provide and verify your phone number. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Riot New Media Group, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We may permit you to login to the Site with your login credentials from certain social networking sites (e.g., Facebook or Twitter) (“SNS”). If you log in or otherwise associate your Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information or content with these SNS, we will share information with them in accordance with your election. The SNS Terms of these SNS will apply to the information we disclose to them. You agree you will not sell or otherwise transfer your membership or any membership rights with Riot New Media Group, Inc. reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
3. Business Users
If you are using the Site on behalf of a business or legal entity (such as your employer) (an “Entity”), you represent and warrant that you have the legal right and authority to (a) enter into these Terms on behalf of the Entity, (b) grant the rights and licenses described in these Terms on behalf of the Entity, and (c) bind the Entity to these Terms. You acknowledge and agree that these Terms will operate as an agreement between Riot New Media Group, Inc. and the Entity; and that references to you in this Agreement shall refer to the Entity and its affiliates. If you do not have such legal right and authority on behalf of the Entity, you may not use the Site.
4. Subscription Services
Subscription Services. Certain services, such as Book Riot New Release Index, Book Riot Content Subscription, and Tailored Book Recommendations, may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which will renew automatically at the end of each term.
Access Restrictions. You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.
Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. Riot New Media Group and/or the particular service provider reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
Mobile Access. Some Subscription Services are accessible only using a particular kind of device. You should investigate Subscription Services before you pay for access to them to ensure that they will work with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. Also, certain Subscription Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Subscription Services to which you subscribe are not available. For information on compatibility and availability, please visit the applicable provider’s website or contact us before you subscribe.
Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms of Use, you will not be entitled to any remedy.
Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described on the applicable provider’s website. If we do not list cancellation procedures for a particular Subscription Service, you must contact us at insidersupport@bookriot.com, subscriptions@bookriot.com, and support@mytbr.co. We do not refund or prorate Subscription Services, or any other purchases made through the Subscription Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.
5. Ownership of Site Content and License
Site Content. Riot New Media Group, Inc. owns and operates the Site. The information and content available on the Site (including past, present and future versions of the Site), including without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; our Blog; or in any communications we send you; and all other materials related to the Site; but excluding Your Content (as defined below) (collectively, “Site Content”) are protected by copyright laws throughout the world. Except as expressly set forth in these Terms of Use or expressly granted to you in writing by Riot New Media Group, Inc., no rights in the Site Content (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Site Content by using the Site. You may only use the Site Content as expressly set forth in these Terms of Use. All copyright and other proprietary notices on any Site Content must be retained on all copies thereof. Any unauthorized use, copying, reproduction, storing, modification, republishing, uploading, downloading, posting, transmission, distribution, duplication, performance, removal or alteration of advertising or any other misuse of any Site Content is strictly prohibited. Riot New Media Group, Inc. and its licensors reserve all rights to the Site and the Site Content not granted in these Terms of Use.
License. Subject to your strict compliance with these Terms of Use and any Additional Terms, Riot New Media Group, Inc. grants you a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license to access our Site and view the Site Content (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device) (the “License”) for the sole purpose of reviewing the Site Content as a visitor to the Site, an applicant for employment, a current or potential contributor to our Blog, a current or potential business partner, or a current or potential investor of Riot New Media Group, Inc. When you access or view the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site. In the event you fail to comply with these Terms of Use, we may terminate the License without notice and you will no longer be permitted to use the Site.
Users under the age of sixteen (16) are not permitted to use the Site.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Any and all rights to use the Site that are not expressly granted to you under these Terms of Use are reserved for Riot New Media Group, Inc. or its licensors. Nothing contained in these Terms of Use will affect, impair, or limit in any way Riot New Media Group, Inc.’s rights to exploit fully any or all of the Site Content. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.
If you create or are issued a password and account by Riot New Media Group, Inc.to access any portions of the Site, you are personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You must immediately notify Riot New Media Group, Inc. of any unauthorized use of your password or account or any other breach of security.
If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from you or any user involved and the examination of other material. We may suspend the provision of the Site temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.Trademarks. All trademarks, logos and service marks (collectively, “Marks”) displayed on the Site are Riot New Media Group, Inc.’s property or the property of other third parties. You are not permitted to use these Marks without Riot New Media Group, Inc.’s prior written consent or the consent of the third party that owns the Marks.
6. Your Content
The Site may provide you and other users the opportunity to submit , display or post to the Site a variety of information, content or media, including videos, images, computer code, text, or other content posted by you on our Site or otherwise submitted by you to Riot New Media Group, Inc., (collectively, “Your Content”). Riot New Media Group, Inc. does not control Your Content made available via the Site and therefore does not guarantee the accuracy, integrity or quality of any Your Content. We are not obligated to back up any of Your Content. You are solely responsible for creating backup copies of and replacing any of Your Content that you post on our Site, at your sole cost and expense. You hereby grant to Riot New Media Group, Inc., under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, unrestricted, unconditional, unlimited, fully-paid and royalty-free license, with the right to sublicense or assign through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and otherwise use Your Content (including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code, object code, algorithms, mask-work rights, inventions, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Content). You should only upload Your Content to our Site for which you are willing to grant the licenses described above. You represent, warrant and covenant that (a) you created and own Your Content, or otherwise have all rights to freely redistribute Your Content without limitation, (b) you have sufficient rights to grant the licenses described above, and (c) Your Content complies with the requirements set forth in this Section 6. Upon Riot New Media Group, Inc.’s request, you will furnish Riot New Media Group, Inc. any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
You further agree that Riot New Media Group, Inc. will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, link to, reproduce, distribute (through multiple tiers), adapt, promote, display, sublicense, reuse, modify, alter, display, archive, post, translate (through multiple tiers), publish, transmit, broadcast, disclose, modify, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Content or portions of Your Content, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. We reserve the right to remove Your Content at any time and for any reason, without notice to you. Except as otherwise expressly described in the Privacy Policy, any applicable Additional Terms or otherwise on the Site, Your Content, whether submitted via the Site or otherwise to Riot New Media Group, Inc., will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. Further, we may publish any of Your Content submitted to us at our discretion.
Unsolicited Ideas. You acknowledge that Riot New Media Group, Inc. may be working on or developing material similar or the same in nature to Your Content and that Riot New Media Group, Inc. may have received similar or the same intellectual property rights from another party. Riot New Media Group, Inc. owes you no obligation with respect to your submissions unless you and Riot New Media Group, Inc. enter a written agreement to that effect. If Your Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussions or negotiations between you and Riot New Media Group, Inc. regarding Your Content do not constitute Riot New Media Group, Inc.’s recognition of the novelty or originality of Your Content. You hereby waive any moral rights you may have in and to any of Your Content, even if Your Content or a derivative work is altered or changed in a manner not agreeable to you.
Enforcement by Us. You agree and understand that Riot New Media Group, Inc. has the right, but not the obligation, to review any or all portions of Your Content and delete or modify any of Your Content from our Site for any reason without any liability whatsoever, including, without limitation, if we believe, in our sole judgment, Your Content violates any these Terms of Use, or that we believe, in our sole judgment, threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right, but have no obligation, in our sole discretion, to investigate and take appropriate action, including removing Your Content from our Site, or modifying it, suspending or terminating your account (if any) and/or your right to use the Site, and/or reporting you to law enforcement authorities, if you violate these Terms of Use. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including without limitation Your Content, IP address and traffic information, usage history, and/or your account information (i.e. name, e-mail address, etc.) (if any). You further authorize Riot New Media Group, Inc. to publish Your Content in a searchable format that may be accessed by users of the Site and the Internet. You agree that Riot New Media Group, Inc. has no obligation to monitor or enforce your intellectual property rights to Your Content but has the right to protect and enforce its rights to Your Content.
User Submission Policy. When you contribute, upload or otherwise provide Your Content to the Site, you agree to comply with the following requirements:
a) No third party materials. Your Content should not contain any visible logos, phrases or trademarks or other third party materials. You must not include in Your Content any content that belongs to other people without their permission – this means you absolutely may not include any content owned or created by someone else unless you have secured the right to do so, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
b) Your Content must be your own. Your Content must be created by you and you must have all rights in Your Content; or, all persons who contributed in any way or have any rights to Your Content, or otherwise appear in Your Content, must have given you permission to upload and distribute Your Content on the Site and elsewhere. Upon our request, you will furnish Riot New Media Group, Inc. any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
c) No illegal or objectionable content. Your Content must not violate any law. Your Content may not promote any illegal activity or violence, nor describe how to perform a violent act. Your Content may not threaten, abuse, or harm others. Your Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
d) No third party information. Your Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
e) No content for commercial purposes. Your Content may not advertise or promote a product or service. You may not use Your Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You may not use Your Content to transmit “junk mail,” “chain letters,” unsolicited mass mailing or “spamming,” or any other similar message.
f) Do not damage the Site or anyone’s computers. Your Content may not contain viruses, Trojan horses, spyware, malware or any other technologies that could impact the operation of the Site or any computer system.
g) Do not create liability for Riot New Media Group, Inc. or any related entity. You may not use Your Content to transmit any information or communication that may otherwise create liability for Riot New Media Group, Inc., any related entity, or any of our vendors or partners.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
7. Prohibited Conduct
You agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute content from the Site (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms of Use, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use content from the Site in any way, without the prior written permission of a duly authorized Riot New Media Group, Inc. employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Unauthorized use of content may be a violation of federal and state laws and could result in civil and criminal liability.
You agree not to violate or interfere with the security of the Site, attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Site or any data stored thereon. You also agree not to take or attempt any action that, in the sole discretion of Riot New Media Group, Inc., imposes or may impose an unreasonable or disproportionately large load or burden on the Site or Riot New Media Group, Inc.’s infrastructure. You further agree not to use the Site for any unlawful purpose.
8. Modification
Riot New Media Group, Inc. reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Riot New Media Group, Inc. will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
9. Feedback
If you provide any feedback or suggestions to Riot New Media Group, Inc. regarding the Site, any Site Content, or Riot New Media Group, Inc.’s services (collectively, “Feedback”), Riot New Media Group, Inc. may use such Feedback for any purpose. So that we may incorporate such Feedback into Riot New Media Group, Inc.’s Site, Site Content, and/or Riot New Media Group, Inc.’s services, Riot New Media Group, Inc. alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and in consideration for your use of the Site, you hereby assign such Feedback to Riot New Media Group, Inc. free of charge.
10. Third Party Links
The Site may contain links to other websites operated by third parties. Functionality on the Site may also permit interactions between the Site and a third party website or online feature, including applications that connect the Site or your profile on the Site with a third party website, service, or feature. Such third party websites, services, or features are not under the control of Riot New Media Group, Inc. Riot New Media Group, Inc. is not responsible for the content of any third party website or any link contained in a third party website. Riot New Media Group, Inc. provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. Accordingly, you understand and agree that we are not responsible for your use of these third party websites or services, and that your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. If you decide to access any of the third party websites, services, or features linked to the Site, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Site or your account on the Site with a third party website (such as an SNS) or service (“Third Party Interactions”). Third Party Interactions include functionality made available via an application programming interface (API) made available by Riot New Media Group, Inc. or a third party. Using such functionality may require you to login or authorize access to your account on the third party website. Such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your account on the Site. By using Third Party Interactions, you acknowledge and agree: (i) if you use Third Party Interactions to share information relating to your accounts on the Site, you are consenting to that information being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if Riot New Media Group, Inc. has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold Riot New Media Group, Inc. harmless for the sharing of information relating to your accounts on the Site that results from your use of Third Party Interactions. You must read all login boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on or in connection with Third Party Interactions.
11. DISCLAIMERS
RIOT NEW MEDIA GROUP, INC. MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITE, AND YOU SHOULD NOT RELY UPON THEM. WE ARE PROVIDING THE SITE AND THE SITE CONTENT (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, WIDGETS, MOBILE FEATURES, THIRD PARTY INTERACTIONS, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. RIOT NEW MEDIA GROUP, INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF THE SITE CONTENT. RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE AND RIOT NEW MEDIA GROUP, INC. IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RIOT NEW MEDIA GROUP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS WILL BE VALID.
WITHOUT LIMITING THE FOREGOING, RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE) ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF RIOT NEW MEDIA GROUP, INC., WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, RIOT NEW MEDIA GROUP, INC. SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING THE SITE (OR ANY OF THEIR FEATURES OR FUNCTIONALITY), YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
RIOT NEW MEDIA GROUP, INC. SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SITE).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, RIOT NEW MEDIA GROUP, INC. MAKES NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE SITE.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL RIOT NEW MEDIA GROUP, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RIOT NEW MEDIA GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, WIDGETS, MOBILE FEATURES, THIRD PARTY INTERACTIONS, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITE); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY RIOT NEW MEDIA GROUP, INC. OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE SITE; OR (F) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RIOT NEW MEDIA GROUP, INC. WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. IN NO EVENT WILL RIOT NEW MEDIA GROUP, INC. BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND RIOT NEW MEDIA GROUP, INC.’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS OF USE.
RIOT NEW MEDIA GROUP, INC. SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS OF USE TO THE EXTENT RIOT NEW MEDIA GROUP, INC. IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF RIOT NEW MEDIA GROUP, INC.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RIOT NEW MEDIA GROUP, INC.’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY RIOT NEW MEDIA GROUP, INC., AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY RIOT NEW MEDIA GROUP, INC.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
13. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in WARRANTY DISCLAIMER or LIMITATIONS OF LIABILITY sections, as applicable, may not apply to you. If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law.
14. Release
Because we do not control Your Content or the content of other users of the Site, you acknowledge and agree that we are not responsible for any such content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any such content, and we assume no responsibility for any such content. You are solely responsible for your interaction with other users on the Site, whether online or offline. You agree that we are not responsible or liable for the conduct of any user and will not be responsible for any loss or damage incurred as the result of any such interactions. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities. You hereby release and forever discharge us, our directors, officers, employees, agents and successors from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with or conduct of other users of the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. Indemnification
You agree to defend, indemnify, and hold Riot New Media Group, Inc. and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, disputes, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including reasonable attorneys’ fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to (a) Your Content; (b) your violation or breach of any provision in these Terms of Use or your violation of any rights of a third party; (c) your use of the Site or activities in connection with the Site (including without limitation, with respect to Third Party Interactions); (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) Riot New Media Group, Inc. ‘ use of your information as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Riot New Media Group, Inc. You will cooperate as fully required by Riot New Media Group, Inc. in the defense of any claim. Riot New Media Group, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Riot New Media Group, Inc. This Section will survive the termination of these Terms of Use.
16. Term and Termination
Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We reserve the right, without notice or liability, to (a) suspend your rights to use the Site (including your Account) and to block or prevent future access to and use of the Site for any reason or (b) terminate these Terms of Use, at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms of Use. Upon termination of these Terms of Use, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of Your Content associated therewith from our live databases. Your Content may remain on the Site even after your account is terminated. We will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your Account or deletion of Your Content. Even after these Terms of Use are terminated, the provisions that by their nature should survive (including, but not limited to, Indemnification, Warranty Disclaimers, and Limitation of Liability) will remain in effect. You acknowledge and agree that termination, suspension, or cancellation of these Terms of Use or your access to the Site will not affect any right or relief to which Riot New Media Group, Inc. may be entitled, at law or in equity, nor shall they affect any obligation you have to Riot New Media Group, Inc., including but not limited to the payment of fees.
Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Riot New Media Group, Inc. and its licensors. Upon termination of your access to the Site, or upon demand by Riot New Media Group, Inc., you must destroy all content of the Site that you possess and all related documentation including immediately discontinuing the use of any links to the Site. Any provisions of these Terms of Use, which, by their terms, ought to survive, shall survive any termination of these Terms of Use.
You understand and agree that Riot New Media Group, Inc. will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may be referred to law enforcement authorities.
17. Copyright Policy
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Riot New Media Group, Inc. encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
It is our policy to remove, or disable access to, material that infringes any copyright from our Site after we have been notified by the copyright owner or the copyright owner’s legal agent. We also have a policy for terminating the accounts of repeat infringers.
If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent under the Digital Millennium Copyright Act (“DMCA”) with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site; (d) your address, telephone number, and e-mail address; (e) 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 law; (f) 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.
If you believe that any content on the Site contains content that violates your rights other than copyrights, please provide Riot New Media Group, Inc. at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Site, or (b) a complaint regarding alleged violation of rights other than copyrights, to our Copyright Agent, who can be reached as follows:
dmca@riotnewmedia.com
or
Riot New Media Group, Inc.
Attention: DMCA Compliance
1737 NE Alberta Street, Suite 202
Portland, OR 97211
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Riot New Media Group, Inc. will provide you with notice if Your Content has been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
18. Updates and Amendment to Terms of Use
These Terms of Use may be amended by Riot New Media Group, Inc. from time to time without prior notice, by posting such addition, change, update or modification on the Site. If we make material changes to these Terms, we will notify you by posting the revised Terms of Use on our Site or notifying you at your primary email address (if any, as specified in your account information). Your continued use of our Site or any feature thereof thirty (30) calendar days after the changes are first notified by Riot New Media Group, Inc. as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Therefore, you should review these Terms of Use before using the Site. Any such change, update or modification will be effective immediately upon posting on the Site or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Site from that point forward.
19. Governing Law; Disputes; Arbitration
Governing Law. THE VALIDITY AND INTERPRETATION OF TERMS OF USE AND ANY ACTION RELATED THERETO WILL BE GOVERNED, CONTROLLED, INTERPRETED, AND DEFINED BY AND UNDER THE LAWS OF THE STATE OF OREGON, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAWS PRINCIPLES THAT REQUIRE THE APPLICATION OF THE LAW OF A DIFFERENT STATE.
Waivers. Both you and Riot New Media Group, Inc. hereby expressly waive trial by jury. Both you and Riot New Media Group, Inc. waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Riot New Media Group, Inc. waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
Arbitration of Disputes. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Unless you opt-out specifically as set forth in this Section, you agree that all disputes between you and Riot New Media Group, Inc. (whether or not such dispute involves a third party) with regard to these Terms of Use or your use of the Site will be resolved by binding, individual arbitration, except for disputes relating to the infringement of your or Riot New Media Group, Inc.’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Riot New Media Group, Inc. is seeking a preliminary injunction (“Excluded Disputes”). You agree that arbitration will be conducted by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect. Notwithstanding any provision of the JAMS Comprehensive Arbitration Rules and Procedures then in effect, the arbitrators shall not have the authority or jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Oregon law. The arbitration will be conducted in Oregon, in the English language by three arbitrators appointed in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
Opt-Out of Arbitration and Rejection of Changes to Arbitration Provisions. If you do not wish to have any dispute between you and Riot New Media Group, Inc. arbitrated, you must notify Riot New Media Group, Inc. in writing within thirty (30) days of the date that you first became subject to this arbitration clause, which is the date you first visited the site after these Terms of Use were posted. If you have not opted out of these arbitration provisions and are, therefore, subject to the requirement to have a dispute between you and Riot New Media Group, Inc. arbitrated and we subsequently change or update the arbitration clause under this “Governing Law; Disputes; Arbitration” section, you may reject the change to the arbitration provision by notifying Riot New Media Group, Inc. in writing within thirty (30) days after the Effective Date of the Updated Terms of Use. By rejecting the changes to the arbitration provision, you will be subject to the arbitration clause of the version of the Terms of Use that you did not reject. You may provide notice of your opt-out of arbitration or your rejection of changes to an updated arbitration provision by postal mail at the following address: Riot New Media Group, Inc., Arbitration Opt Out, 1737 NE Alberta Street, Suite 202, Portland, OR 97211.
Your opt-out notification to Riot New Media Group, Inc. must include (1) your name, (2) your postal address, (3) your user ID (if applicable), (4) the specific Site(s) regarding which you wish to opt-out of arbitration, and (5) a clear statement that you do not wish to resolve disputes with Riot New Media Group, Inc. through arbitration with respect to the specific Site(s) you identified or that you reject an updated arbitration provision, as applicable. If you have previously notified Riot New Media Group, Inc. that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid. Please note that opting out of arbitration will not affect any other agreements or waivers made in this Section.Venue. If you have not validly opted out of arbitration, you agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts located in Multnomah County, Oregon and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If you have validly opted out of arbitration, you agree that any action at law or in equity will be filed only in the state or federal courts located in Multhomah County, Oregon and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20. No waiver; Severability; Interpretation
A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. We do not waive any rights by the failure to enforce these Terms of Use in every instance in which they might apply. If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any heading, caption or paragraph title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms of Use will not be construed against Riot New Media Group, Inc. by virtue of having drafted these Terms of Use.
21. Assignability
We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else without our prior written consent.
22. Relationship
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
23. Entire Agreement
These Terms of Use, which includes any other Additional Terms located on particular pages of this Site, constitute the entire and exclusive agreement between you and Riot New Media Group, Inc. regarding the use of the Site and Site Content and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Site or Site Content. Neither party has relied on any statement or representation not set forth in these Terms of Use and any applicable Additional Terms. You represent, warrant, and covenant that your access to and use of the Site will comply with these Terms of Use. In the event of any conflict between the terms and conditions contained herein and those in the Additional Terms, the terms and conditions in the Additional Terms, as applicable, will control but solely with respect to the subject matter thereof.
24. Contact Information
If you have any questions about these Terms of Use, please contact us by e-mail at termsofuse@riotnewmedia.com or by writing to us at Riot New Media Group, Inc., 1737 NE Alberta Street, Suite 202, Portland, OR 97211, in each case marking the message “Attention: Terms of Use.”