1. By becoming a member of this service (the "Service"
or “Service Website” or “Service Platform”),
you become a Subscriber (“Subscriber” or “Member”)
and agree to be bound by this Agreement (the "Agreement").
This Agreement is subject to change at any time, and changes
are effective upon each update of this Agreement.
2. Some or all of the following fees and charges may
be incurred by the Subscriber: Subscription fees. The
subscriber is responsible for paying periodic subscription
fees according to the then-current billing terms.
3. Unless and until this agreement is cancelled in
accordance with the terms hereof, Subscriber hereby
authorizes the "Service" to charge subscriber's
credit card (or other approved facility) to pay for
the ongoing cost of membership. Subscriber hereby further
authorizes the "Service" to charge Subscriber's
credit card (or other approved facility) for any and
all purchases of products, services and entertainment
provided by No Rivals Media, LLC. Subscribership may
not be assigned or transferred to any other person or
entity. Subscriber must promptly inform billing of the
following: changes in the expiration date of any credit
card used in connection with the Service; changes in
home or billing address; and apparent breaches of security,
such as loss, theft, or unauthorized disclosure or use
of an ID or password. Until No Rivals Media, LLC is
notified, by e-mail of a breach in security, the Subscriber
will remain liable for any unauthorized use of the Service.
Upon request, Subscribers will be given access to billing
records that support charges for use of the Service.
4. Payment for the appropriate services may be made
by automatic credit card debit. Members will be automatically
renewed for the original term upon expiration, unless
No Rivals Media, LLC is notified via email, along with
your UserName and Password, 48 hours prior to membership
expiration. Three or Seven Days Special Introductory
Trial Memberships shall renew at the normal one-month
membership rate of Thirty-Nine dollars and Ninety-Five
cents. Three or Seven Day Special Introductory Trial
Memberships do not grant the member access to the full
selection of content or full range of benefits of the
Service. Trial Memberships receive access to a reduced
amount of content and services, which is upgraded to
full access upon the renewal to the full one-month membership,
or upon request of the subscriber via "Membership
Upgrade" links present in the password protected
area of the Service.
5. Subscription to the Service may be terminated at
any time, and without cause, by either No Rivals Media,
LLC or the Subscriber upon notification of the other
by electronic mail. Subscribers are liable for charges
incurred by them until termination of service.
6. Subscribers are responsible for providing all personal
computer and communications equipment necessary to gain
access to the Service. Access to and use of the Service
is through a combination of an ID and a password. Each
Subscriber must keep his password strictly confidential.
Remember your password! For security reasons, No Rivals
Media, LLC will not release passwords for any reason,
except as may be specifically required by law or court
order. Unauthorized access to the Service is a breach
of this Agreement and a violation of law.
7. Any liability of No Rivals Media, LLC including
without limitation any failure of performance, error,
omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft,
destruction, or unauthorized access to, alteration of,
or use of records, whether for breach of contract, tortious
behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount paid by or on
behalf of the subscriber to No Rivals Media, LLC for
the previous one (1) transaction period. Some states
do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
8. No warranty is made by No Rivals Media, LLC regarding
any information, services, or products provided through
or in connection with the Service, and No Rivals Media,
LLC hereby expressly disclaims any and all warranties,
including without limitation:1) any warranties as to
the availability, accuracy, or content of information,
products, or services; 2) any warranties of merchantability
or fitness for a particular purpose. Some states/provinces
do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
9. Except for public domain material and electronic
messages, all material displayed on the Service is copyrighted
by NR Media, Inc, Brandi Love, LLC, Retrotica Girls,
LLC, Captured Souls, LLC, NR Holdings, LLC, Tempting
Dreams, LLC, Falcon Foto, LLC. or Falcon Enterprises,
Inc and may not be copied, redistributed, or published
in any form, in whole or in part, without the prior
written consent of the copyright owner, unless otherwise
clearly stated in this Agreement.
10. The material on the Service is for the private,
non-commercial enjoyment of Subscribers only. Any other
use is prohibited.
11. The Service enables Subscribers to share information
with other Subscribers. Subscribers agree not to submit,
publish, or display on the Service any defamatory, inaccurate,
abusive, threatening, racially offensive, or illegal
material. Transmission of such material that violates
any federal, state, or local law, is prohibited and
is a breach of this Agreement.
12. Subscribers agree not to engage in advertising
to, or solicitation of other Subscribers to buy or sell
any products or services through the Service without
prior written consent. Subscribers are responsible for
information they send, or display through the Service
even if a claim should arise after termination of service.
13. When you visit and purchase a membership to No
Rivals Media, LLC operated sites or provide us your
email to request free promotional newsletters and advertising,
or send e-mails to us, you are communicating with us
electronically. You consent to receive communications
from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
14. There are no facilities provided by the Service
for sending or receiving private or confidential electronic
communications. All messages shall be deemed to be readily
accessible to the general public. Do not use the Service
for any communication for which the sender intends only
the sender and the intended recipient(s) to read. Notice
is hereby given that all messages entered into this
Service can and may be read by the operators of the
Service, whether or not they are the intended recipient(s).
15. Notices by No Rivals Media, LLC to Subscribers
may be given by means of electronic messages through
the Service, by a general posting on the service, or
by conventional mail. Notices by Subscribers may be
given by electronic messages unless otherwise specified
in the Agreement.
* All questions regarding new membership by means of
electronic message should be sent to Customer Service
16. The subscriber hereby warrants and represents that
he or she is over the age of eighteen (18) or twenty-one
(21) in some jurisdictions; and in all respects is qualified
and competent to enter into this agreement.
17. Social Networking Terms and Services:
The Service is providing a social networking platform
(“Platform”) that allows Members to create
unique personal profiles online in order to find and
communicate with old and new friends. The services offered
by The Service include the The Service Website, the
The Service Internet messaging platform, and any other
features, content, or applications offered from time
to time by The Service in connection with the Website.
The Website and Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement")
sets forth the legally binding terms for your use of
The Service Platform. By using the The Service Platform,
you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply
browse the The Service Website) or you are a "Member"
(which means that you have registered with The Service).
The term "User" refers to a Visitor or a Member.
You are only authorized to use the The Service Platform
(regardless of whether your access or use is intended)
if you agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully
and save it. If you do not agree with it, you should
leave the The Service Website and discontinue use of
the The Service Platform immediately. If you wish to
become a Member, communicate with other Members and
make use of the The Service Platform, you must read
this Agreement. BY BECOMING A MEMBER OF THE SERVICE
YOU AGREE TO BE BOUND BY THIS AGREEMENT.
The Service may modify this Agreement from time to
time and such modification shall be effective upon posting
by The Service on the The Service Website. You agree
to be bound to any changes to this Agreement when you
use the The Service Platform after any such modification
is posted. It is therefore important that you review
this Agreement regularly to ensure you are updated as
to any changes.
Please choose carefully the information you post on
The Service and that you provide to other Users. Your
profile may not include the following items: telephone
numbers, street addresses, last names, and any photographs
containing obscene, lewd, excessively violent, harassing,
or otherwise objectionable subject matter. Despite this
prohibition, information provided by other The Service
Website Members (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and The Service
assumes no responsibility or liability for this material.
If you become aware of misuse of the The Service Platform
by any person, please contact support.
The Service reserves the right, in its sole discretion,
to reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the The
Service Platform at any time, for any or no reason,
with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the The Service
Platform is void where prohibited. By using the The
Service Platform, you represent and warrant that (a)
all registration information you submit is truthful
and accurate; (b) you will maintain the accuracy of
such information; (c) you are 18 years of age or older;
and (d) your use of the The Service Platform does not
violate any applicable law or regulation. Your profile
may be deleted and your Membership may be terminated
without warning, if we believe that you are under 18
years of age.
2. Term. This Agreement shall remain in full force
and effect while you use the The Service Platform or
are a Member. You may terminate your Membership at any
time, for any reason, by following the instructions
on the support page. The Service may terminate your
Membership at any time, without warning. Even after
Membership is terminated, this Agreement will remain
in effect.
3. Non-commercial Use by Members. The Service Platform
is for the personal use of Members only and may not
be used in connection with any commercial endeavors
except those that are specifically endorsed or approved
by The Service. Illegal and/or unauthorized use of the
The Service Platform, including collecting usernames
and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email is
prohibited. Commercial advertisements, affiliate links,
and other forms of solicitation may be removed from
Member profiles without notice and may result in termination
of Membership privileges. Appropriate legal action will
be taken for any illegal or unauthorized use of the
The Service Platform.
4. Proprietary Rights in Content on The Service.
1. The Service does not claim any ownership rights
in the text, files, images, photos, video, sounds, musical
works, works of authorship, or any other materials (collectively,
"Content") that you post to the The Service
Website or through the Service Platform. After posting
your Content to the The Service Platform, you continue
to retain all ownership rights and liability for such
Content, and you continue to have the right to use your
Content in any way you choose. By displaying or publishing
("posting") any Content on or through the
The Service Platform, you hereby grant to The Service
a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content.
Without this license, The Service would be unable to
provide the The Service Platform. For example, without
the right to modify Member Content, The Service would
not be able to digitally compress music files that Members
submit or otherwise format Content to satisfy technical
requirements, and without this right, The Service could
not allow Users to listen to music posted by Members.
The license you grant to The Service is non-exclusive
(meaning you are free to license your Content to anyone
else in addition to The Service), fully-paid and royalty-free
(meaning that The Service is not required to pay you
for the use of the Content that you post), sublicensable
(so that The Service is able to use its affiliates and
subcontractors such as Internet content delivery networks
to provide the The Service Platform), and worldwide
(because the Internet and the The Service Platform are
global in reach). This license will not terminate at
the time you remove your Content from the The Service
Platform. The license does not grant The Service the
right to sell your Content, however it does grant The
Service the right to distribute your Content outside
of the The Service Website.
2. You represent and warrant that: (i) you own the
Content posted by you on or through the The Service
Platform or otherwise have the right to grant the license
set forth in this section, and (ii) the posting of your
Content on or through the The Service Platform does
not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You
agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content posted
by you to or through the The Service Platform.
3. The The Service Platform contain Content of Users
and other The Service licensors. Except for Content
posted by you, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display,
or sell any Content appearing on or through the The
Service Platform.
5. Content Posted.
1. The Service may delete any Content that in the sole
judgment of The Service violates this Agreement or which
may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. The Service assumes
no responsibility for monitoring the The Service Platform
for inappropriate Content or conduct. If at any time
The Service chooses, in its sole discretion, to monitor
the The Service Platform, The Service nonetheless assumes
no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you
post on or through any of the The Service Platform,
and any material or information that you transmit to
other Members and for your interactions with other Users.
The Service does not endorse and has no control over
the Content. Content is not necessarily reviewed by
The Service prior to posting and does not necessarily
reflect the opinions or policies of The Service. The
Service makes no warranties, express or implied, as
to the Content or to the accuracy and reliability of
the Content or any material or information that you
transmit to other Members.
6. Content/Activity Prohibited. The following is a
partial list of the kind of Content that is illegal
or prohibited to post on or through the The Service
Platform. The Service reserves the right to investigate
and take appropriate legal action against anyone who,
in The Service's sole discretion, violates this provision,
including without limitation, removing the offending
communication from the The Service Platform and terminating
the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in the
sole discretion of The Service:
1. is patently offensive and promotes racism, bigotry,
hatred or physical harm of any kind against any group
or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains violence, or offensive subject matter or
contains a link to another website.
5. provides any telephone numbers, street addresses,
last names, URLs or email addresses;
6. promotes information that you know is false or misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated
computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music
files;
8. involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages
or hidden pages or images (those not linked to or from
another accessible page);
10. furthers or promotes any criminal activity or enterprise
or provides instructional information about illegal
activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
11. solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without
our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you
have posted without that person's consent.
14. criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade
secrets;
15. advertising to, or solicitation of, any Member to
buy or sell any products or services through the The
Service Platform. You may not transmit any chain letters
or junk email to other Members. It is also a violation
of these rules to use any information obtained from
the The Service Platform in order to contact, advertise
to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from
such advertising or solicitation, The Service reserves
the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to a
number which The Service deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited
bulk email, instant messages or other unsolicited communications
of any kind through the The Service Platform, you acknowledge
that you will have caused substantial harm to The Service,
but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable estimation of
such harm, you agree to pay The Service $50 for each
such unsolicited email or other unsolicited communication
you send through the The Service Platform;
16. covering or obscuring the banner advertisements
on your personal profile page, or any The Service page
via HTML/CSS or any other means;
17. any automated use of the system, such as using scripts
to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue
burden on the The Service Platform or the networks or
services connected to the The Service Platform;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another
Member at any time or disclosing your password to any
third party or permitting any third party to access
your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the The Service
Platform in order to harass, abuse, or harm another
person;
23. displaying an advertisement on your profile, or
accepting payment or anything of value from a third
person in exchange for your performing any commercial
activity on or through the The Service Platform on behalf
of that person, such as placing commercial content on
your profile, posting blogs or bulletins with a commercial
purpose, selecting a profile with a commercial purpose
as one of your "Top 8" friends, or sending
private messages with a commercial purpose; or
24. using the The Service Platform in a manner inconsistent
with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks,
or other proprietary information belonging to others
without obtaining the prior written consent of the owner
of such proprietary rights. It is the policy of The
Service to terminate Membership privileges of any Member
who repeatedly infringes the copyright rights of others
upon receipt of proper notification to The Service by
the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that
your work has been copied and posted on the The Service
Platform in a way that constitutes copyright infringement,
please provide our Attorney with the following information:
(i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a description
of where the material that you claim is infringing is
located on the The Service Platform; (iv) your address,
telephone number, and email address; (v) 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 the law; (vi) 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. The
Service's Attorney for notice of claims of copyright
infringement can be reached as follows: Corporate Counsel,
No Rivals Media, LLC. Chad Belville, Esq. PO Box 91314
Phoenix, AZ 85066 Facsimile: 602.297.6953 ; and email
No Rivals Media here.
8. Member Disputes. You are solely responsible for
your interactions with other Members. The Service reserves
the right, but has no obligation, to monitor disputes
between you and other Members.
9. Privacy. Use of the The Service Platform is also
governed by our Privacy Policy.
10. Disclaimers. The Service is not responsible for
any incorrect or inaccurate Content posted on the The
Service Website or in connection with the The Service
Platform, whether caused by Users of the The Service
Platform or by any of the equipment or programming associated
with or utilized in the The Service Platform. Profiles
created and posted by Members on the The Service Website
may contain links to other websites. The Service is
not responsible for the Content, accuracy or opinions
expressed on such websites, and such websites are in
no way investigated, monitored or checked for accuracy
or completeness by The Service. Inclusion of any linked
website on the The Service Platform does not imply approval
or endorsement of the linked website by The Service.
When you access these third-party sites, you do so at
your own risk. The Service takes no responsibility for
third party advertisements which are posted on this
The Service Website or through the The Service Platform,
nor does it take any responsibility for the goods or
services provided by its advertisers. The Service is
not responsible for the conduct, whether online or offline,
of any User of the The Service Platform. The Service
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or
Member communication. The Service is not responsible
for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or
providers, computer equipment, software, failure of
any email or players due to technical problems or traffic
congestion on the Internet or on any of the The Service
Platform or combination thereof, including any injury
or damage to Users or to any person's computer related
to or resulting from participation or downloading materials
in connection with the The Service Platform. Under no
circumstances shall The Service be responsible for any
loss or damage, including personal injury or death,
resulting from use of the The Service Platform, attendance
at a The Service event, from any Content posted on or
through the The Service Platform, or from the conduct
of any Users of the The Service Platform, whether online
or offline. The The Service Platform are provided "AS-IS"
and as available and The Service expressly disclaims
any warranty of fitness for a particular purpose or
non-infringement. The Service cannot guarantee and does
not promise any specific results from use of the The
Service Platform.
11. Limitation on Liability. IN NO EVENT SHALL THE
SERVICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF THE SERVICE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SERVICE'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SERVICE FOR
THE THE SERVICE PLATFORM DURING THE TERM OF MEMBERSHIP.
12. Disputes. If there is any dispute about or involving
the The Service Platform, you agree that the dispute
shall be governed by the laws of the State of Nevada,
USA, without regard to conflict of law provisions and
you agree to exclusive personal jurisdiction and venue
in the state and federal courts of the United States
located in the State of Nevada, Clark County. Either
The Service or you may demand that any dispute between
The Service and you about or involving the The Service
Platform must be settled by arbitration utilizing the
dispute resolution procedures of the American Arbitration
Association (AAA) in Clark County, Nevada, USA, provided
that the foregoing shall not prevent The Service from
seeking injunctive relief in a court of competent jurisdiction.
13. Indemnity. You agree to indemnify and hold The
Service, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the The Service
Platform in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of
your representations and warranties set forth above
and/or if any Content that you post on the The Service
Website or through the The Service Platform causes The
Service to be liable to another.
Please contact us here with any questions regarding
this Agreement.
This Agreement contains the entire agreement between
the Subscriber and No Rivals Media, LLC regarding the
use of the Service and the Service Platform, and supersedes
all prior written and oral understandings and writings,
and may only be amended upon notice by No Rivals Media,
LLC to Subscribers. Unless otherwise explicitly stated,
the provisions of this Agreement shall survive its termination.
The Agreement shall be governed pursuant to the laws
of the State of Nevada.
NRM values your participation and patronage. If you
have any questions regarding this privacy policy, feel
free contact us at support@norivals.com
(Revised January 1, 2007)
......
If you would prefer to speak with us voice to voice
please free to call our office between 10am and 7pm
est at 919-749--0624
You may also reach us at either our North Carolina
or Arizona offices:
No Rivals Media, LLC
3621 Bastion Line Suite 101
Raleigh, NC 27604
No Rivals Media, LLC
Corporate Counsel
PO Box 91314
Phoenix AZ 85066 |