This Terms of Service Agreement (the "Agreement") is a legal agreement between you
("You") and Riseio, Inc., a Delaware Corporation ("Company") for use of the riseio.com
website ("Site"), the servers the Site is stored on, or the computer files stored on that server
(collectively, the "Service"). By creating an account or accessing or using the Service You
accept and agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, THE COMPANY IS UNWILLING TO
LICENSE USE OF THE SERVICE TO YOU. YOU AGREE THAT YOUR USE OF THE
SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
All amended terms automatically take effect 10 days after they are initially posted on this site.
Your use of the Website following the effective date of any modifications to this agreement
will constitute your acceptance of the agreement, as modified. You agree that notice on the
Website of modifications is adequate notice.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING
OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE
OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA
AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A
JURY TRIAL.
1. Limited License
The Company grants You a limited, revocable, non-exclusive, non-transferable license to
access and use the Services for Your own individual use subject to the other terms of this
Agreement.
2. Provision of Services
Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for
purposes of determining that their usage is in compliance with this Agreement and applicable
laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute
and unconditional right to review and remove Material accessible by or transmitted through
the Service that, in our sole discretion, we believe is in violation of the law of this Agreement
or is unacceptable to us in our sole discretion. We do not assume any responsibility for
review or enforcement of any local licensing requirements that may be applicable to
businesses listed on the Site.
From time to time and without prior notice to you, we may change, expand and improve the
Site and Service. We may also, at any time, cease to continue operating part or all of the
Service or selectively disable certain aspects of the Service or portions of the Site. Any
modification or elimination of the Service will be done in our sole and absolute discretion and
without an ongoing obligation or liability to you, and your use of the Site and Service do not
entitle you to the continued provision or availability of the Site and Service.
3. Your Use of the Service
You agree not to resell the Service. You may not modify, reverse engineer, decompile or
disassemble the Service. You may not copy, adapt, alter, modify, translate, or create
derivative works of the Service without written authorization of the Company. You may not
permit other individuals to use the Service, including but not limited to shared use via a
network connection, except under the terms of this Agreement. You may not rent, lease,
loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not
circumvent or disable any technological features or measures in the Service for protection of
intellectual property rights. You may not use the Service in an attempt to, or in conjunction
with, any device, program, or service designed to circumvent technological measures
employed to control access to, or the rights in, a content file or other work protected by the
copyright laws of any jurisdiction. You may not use or access the Site or Service to compile
data in a manner that is used or usable by a competitive product or service. Any such
forbidden use shall immediately terminate Your license to the Service.
You furthermore agree that:
You shall not create an Account or access the Service if You are under the
age of 13. If You are between the ages of 13 and 17, You represent that your
legal guardian has reviewed and agreed to this Agreement;
You shall monitor your Account to restrict use by minors, and You will deny
access to children under the age of 13. You accept full responsibility for any
unauthorized use of the Service by minors in connection with your Account.
You are responsible for any use of your credit card or other payment
instrument by minors;
You shall not have more than one Account at any given time, and shall not
create an account using a false identity or information, or on behalf of
someone other than yourself;
You shall not have an Account or use the Service if You have previously been
removed by the Company
You shall not use your Account to advertise, solicit, or transmit any
commercial advertisements, including chain letters, junk e-mail or repetitive
messages to anyone;
You shall not use your Account to engage in any illegal conduct;
When creating or updating an Account on the Service, You may be required to
provide the Company with certain personal information, which may include
your name, birth date, e-mail address, and, in some cases, payment
information. This information will be held and used in accordance with the
Company's Privacy Policy. You agree that You will supply accurate and
complete information to the Company, and that You will update that
information promptly after it changes.
4. User Content and License
“User Content" means any communications, images, sounds, and all the material, data, and
information that You upload or transmit through the Service, or that other users upload or
transmit, including without limitation any chat text. By transmitting or submitting any User
Content while using the Service, You affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential; (b) not in violation of any applicable laws,
contractual restrictions or other third party rights, and that You have permission from any
third party whose personal information or intellectual property is comprised in the User
Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) You
acknowledge and agree that any of your personal information within such content will at all
times be processed by the Company in accordance with its Privacy Policy. You hereby grant
Company and a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-
exclusive, unlimited license, including the right to sublicense and assign to third parties, and
right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative
works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell,
license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or
provide access to electronically, broadcast, communicate to the public by telecommunication,
display, perform, enter into computer memory, and use and practice, in any way now known
or in the future discovered, your User Content as well as all modified and derivative works
thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You
may have in any User Content.
5. Your Responsibility to Protect Data and Password
It is your responsibility to protect your personal data and maintain the confidentiality of your
user information and password. You are also responsible for immediately notifying the
Company of any unauthorized use of your account, or breach of your account information or
password. The Company will not be liable for any loss that You may incur as a result of
someone else using Your username or password, either with or without Your knowledge. To
the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s
fees for your failure to safeguard user and password information and/or promptly notify the
Company about unauthorized use of your account or breach of your account information or
password.
6. Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil
prosecution. For your protection, we reserve the right to view, monitor, and record activity on
the Site without notice or further permission from You, to the fullest extent permitted by
applicable law. Any information obtained by monitoring, reviewing, or recording is subject to
review by law enforcement organizations in connection with the investigation or prosecution
of possible criminal activity on any of the Site.
7. Indemnity
You will indemnify and hold the Company, its affiliates, officers, directors, employees,
agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your breach of this Agreement, or your violation of any law or the rights of
a third party.
8. Termination of License
The Company may terminate Your license to use the Service with or without cause at any
time. Should You breach this Agreement or fail to comply with any term of this Agreement,
Your right to use the Service shall terminate immediately and without notice. You may also
terminate this Agreement by simply discontinuing use of the Service.
9. Miscellaneous
Any dispute arising from this Agreement shall be governed by the laws of the State of
California without regard to its conflict of law provisions. Any cause of action you may have
with respect to your use of the Site and Service must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to affect the intent of this
Agreement, and the remainder of this Agreement shall continue in full force and effect. A
printed version of this agreement shall be admissible in judicial or administrative
proceedings.
10. No Class Actions
All claims between the parties related to this Agreement will be litigated individually and the
parties will not consolidate or seek class treatment for any claim, unless previously agreed to
in writing by the parties.
BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.