Date of last revision: October 31, 2022
You are reading these Terms because you are using a The Rinks Foundation, an ocV!BE company, (“Company” or “us”) website or mobile application, both of which are part of Company’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which is referred to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and Company regarding your use of the Platform. BY ACCESSING OR USING THE PLATFORM YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS. A few important points:
- Company’s Terms May Change. Company may update these Terms from time to time in Company’s sole discretion. If a material change is made, Company will post a notice on the Platform and/or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. By continuing to use the Platform after Company has posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the updated Terms, except to the extent prohibited by applicable law. No other modification, amendment, supplement of or to the Terms will be binding on us unless it is in writing and signed by an authorized representative.
Eligibility. You are only eligible to use the Platform if you are at least 13 years old. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Platform with permission from your parent or legal guardian.
Account Registration. If you register for an account with us, you must comply with the following rules:
- Provide accurate and current registration information.
- You are solely responsible for keeping your account information confidential.
- Do not register for an account on behalf of someone else or transfer your account to a third party.
- Inform Company immediately of any unauthorized use of your Company account. You are solely responsible for all usage and activity through your Company account – with or without your permission. Company IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
Your account and account profile page will be created based upon the information you provide to us. When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. Company encourages you to use “strong” passwords for your account. You agree not to disclose your username or password to any third party. Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
- OWNERSHIP OF PLATFORM AND CONTENT
Platform. The Platform and all features, functionality, and tools thereof, is protected by copyright, trademark, patent and other laws. You acknowledge and agree that the Platform, and all intellectual property rights on the Platform are the exclusive property of Company and/or its licensors. You agree not to change or delete any ownership notices or other notices from materials downloaded or printed from the Platform.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Company (the “Company Marks”) are the property of Company, and that you are not permitted to use the Company Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, or tools of the Platform in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Company or the intellectual property owner, as applicable.
Content. Except for User Content (defined below), all of the content on the Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") – is owned or licensed by Company and is protected by copyright, trademark and other laws. Company reserves all rights not expressly described in these Terms.
- All trademarks, service marks and trade names (e.g., the Company name and logo) are owned, registered and/or licensed by Company or Company’s affiliates. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
- Company reserves the right to take down any Content in violation of these terms or Company’s intellectual property rights.
- Outside of the specific usage rights granted to you by Company in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Company’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
- POSTING CONTENT ON THE PLATFORM
User Content. Some parts of the Platform may permit you to post reviews, feedback, ideas, photos, videos, comments and other content (“User Content”). Company also uses a variety of third-party social media websites and media channels such as Facebook, Twitter and Instagram to communicate and interact with customers (“Social Media Channels”). Any content or materials submitted or posted to these Social Media Channels will also be considered User Content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the individual who originated such content and Company is not responsible for User Content others post to the Platform or Social Media Channels.
User Content is owned by you or whoever created it, but when you post User Content you license it to Company as described below:
- You represent that you are the creator and owner of the User Content, and you have all of the necessary licenses, rights, consents and permissions to post your User Content.
- You hereby grant Company a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display User Content in any and all media as necessary to provide the Platform to you, including, customer support services, and otherwise operate the Platform, including for product development and de-bugging purposes.
- Company may, in its sole discretion, remove, modify, or adapt any User Content at any time.
- You understand that deleted User Content may persist in Company’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal information in accordance with applicable law.
License to Your Content. By posting, displaying, uploading or providing User Content to the Platform and Social Media Channels, you grant Company a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, and create derivative works in any format or medium, without notice, compensation or acknowledgement to you.
- ACCEPTABLE USE
You are responsible for your use of the Platform, and you may not use or access, or attempt to use or access, the Platform to take any action that could harm Company or any other person or entity, interfere with the Platform, or use the Platform in a manner that violates the laws.
You agree that you will not:
- Impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
- Perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
- Violate any applicable local, state, national or international law or regulation;
- Violate, infringe or misappropriate other people’s intellectual property, privacy, publicity or other rights;
- Abuse, defame, harass, libel, disparage or threaten any third party;
- Promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Promote illegal or harmful activities or substances;
- Collect or solicit personal information from other Platform users or distribute or post solicitations, promotional materials, spam, junk mail, chain letters, mass or bulk email or pyramid schemes;
- Impede or interfere with other’s use of the Platform;
- Post User Content to the Platform without all necessary rights and permissions needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content;
- Use any means to data mine, scrape or crawl the Platform;
- Alter or tamper with any information or materials on the Platform;
- Take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s technical infrastructure;
- Transmit any viruses, trojan horses, worms, time bons, programs or other harmful computer code;
- Take any action that bypasses or circumvents, or attempts to bypass or circumvent, any measures Company may use to prevent or restrict access to the Platform or certain features or modules of the Platform;
- Post or share anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate;
- Circumvent Company’s systems, policies, or determinations as to your account status, including by attempting to access or use the Platform if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Platform; and/or
- Use, display, mirror or frame the Platform, or any feature, functionality, tool or content of the Platform, Company’s name, any Company trademark, logo or other proprietary information, without Company’s express written consent.
If you wish to purchase any product or service made available through the Platform, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. YOU ARE RESPONSIBLE FOR PROVIDING COMPANY WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize Company to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize Company to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
- THIRD PARTY CONTENT
- The Platform, Content, and the materials and products on this Platform are provided "AS IS.” Company is not making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
- To the fullest extent permitted by law, Company disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Company does not guarantee that your use of the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or any other harmful elements.
- You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
Company may terminate, suspend or modify any Platform, program, product or service at any time without notice. Company will have no liability to you or any third party for any such termination, suspension or modification. Additionally, Company may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Company, subject to applicable law.
- You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
- These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
- INDEMNIFICATION / LIMITATION OF LIABILITY
Indemnification. To the maximum extent not prohibited by applicable law, you agree to release, indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “Company Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Company Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM.
- YOUR ONLY REMEDY AGAINST COMPANY IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or your use of the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator to the maximum extent permitted by law. The arbitration shall be administered by Judicate West pursuant to Judicate West’s Commercial Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude a party from seeking provisional remedies in aid of arbitration from the Superior Court of the State of California for the County of Orange.
Choice of Law/Jurisdiction
- Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts located in Orange County, California. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide Company with written notice of the event or facts giving rise to the claim within one (1) year of its occurrence.
- ADDITIONAL TERMS
- By using the Platform, you agree to receive certain electronic communications from Company, subject to applicable law.
- You agree that any notice, agreement, disclosure or other communication that Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
- Company may assign its rights and duties under these Terms to any party at any time without notice to you. You may not assign or transfer your rights or duties under this Terms, in whole or in part, without Company’s prior written consent.
- Company’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Company’s rights. Users should always assume these Terms apply.
- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
Third Party Terms. You agree that, in addition to these Terms, your use of the Platform is subject to the usage rules set forth in Apple App Store’s terms of service and Google Play’s terms of service, if you download Apple App Store or Google Play, respectively, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you use the Platform.
- HOW TO CONTACT US
All notices, demands and other communications shall be in writing and effective upon receipt, provided that Company may provide notice to you by posting announcements on the Platform (or otherwise making them available through the Platform) or sending an e-mail to you at the e-mail address associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. All notices to Company of a legal nature shall be in writing and sent by certified first-class U.S. mail, return receipt requested, to:
Attention: Legal Department
The Rinks Foundation
888 Ridge Valley
Irvine, CA 92618
If you have any questions about this Agreement, or if you need to notify Company about a non-legal matter, please contact Company at firstname.lastname@example.org or at the postal address set forth above.
- CALIFORNIA RESIDENTS
California residents are also entitled to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210.
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Copyright @ 2022. The Rinks Foundation, an ocV!BE company. All rights rese