ResumeBook.tv
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User Agreement
Terms and Conditions
Thank you for using our website. ResumeBook.tv is owned and operated by
Redford Media LLC. Redford Media LLC provides its service subject to the Terms
and Conditions of the User Agreement, a legal agreement between you and Redford
Media LLC that governs the use of the Redford Media LLC service.
The website content is provided for your personal use. You agree not to
resell, copy, or redistribute the content, nor may you use it for any commercial
purpose. You acknowledge that Redford Media LLC is not responsible for the
content of the website and its users. Redford Media LLC does not warrant the
accuracy of the content, or its suitability for any specific purpose.
You accept that Redford Media LLC is a commercial service, and that prices,
service plans, and terms of business will be periodically revised. Pending
revisions will be communicated to you on the website, or via an email to the
email address you provide to Redford Media LLC, a minimum of 10 days prior to
any proposed revision. You will have the choice to accept these revised terms or
cancel your plan.
Payment for Redford Media LLC's service is by valid credit card. You agree to
maintain current, complete and accurate information using the "My Account"
feature of the Redford Media LLC website, including valid credit card
information, email address for Redford Media LLC to contact you, password, name,
addresses, phone number, and all other information used to service your account.
It is YOUR responsibility to maintain the confidentiality and security of
your password, and you agree to notify Redford Media LLC immediately of any
suspected unauthorized use of your Redford Media LLC account. We will securely
maintain account and payment details to enable you to purchase securely, as
specified in Redford Media LLC's Privacy Policy. This policy is accessible via a
link at the bottom of every page on the Redford Media LLC website. Redford Media
LLC does not share the information provided by you with third parties.
To be a Redford Media LLC customer and accept these terms, you acknowledge
that you are 18 years of age or older.
Redford Media LLC provides a collection of online resources (referred to
hereafter as "the Service") subject to the following Terms of Use ("Terms"),
which may be updated by Redford Media LLC from time to time. Redford Media LLC
will provide notice of materially significant changes to the Term by posting
notice on the website.
By using the Service in any way, you are agreeing to comply with these Terms.
In addition, when using particular Redford Media LLC services, you agree to
abide by any applicable posted guidelines for all Redford Media LLC services,
which may change from time to time. Should you object to any term or condition
of these Terms, any guidelines, or any subsequent modifications thereto or
become dissatisfied with Redford Media LLC in any way, your only recourse is to
immediately discontinue use of Redford Media LLC.
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible for all
Content that you post, email or otherwise make available via the Service. You
understand that Redford Media LLC does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the Redford Media LLC site and Content
available through the Service may contain links to other websites, which are
completely independent of Redford Media LLC. Redford Media LLC makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other websites
is at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Redford Media LLC be liable in any way for
any Content or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that Redford Media LLC does not pre-screen or approve Content,
but that Redford Media LLC shall have the right (but not the obligation) in its
sole discretion to refuse, delete or move any Content that is available via the
Service, for violating the letter or spirit of the Terms or for any other
reason.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please notify Redford Media LLC info@redfordmedia.com.
Please provide us with the following Notice:
1. Identify the copyrighted work or other intellectual property that you
claim has been infringed;
2. Identify the material on the website that you claim is infringing, with
enough detail so that we may locate it on the website;
3. A 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;
4. A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
Redford Media LLC will remove the infringing posting(s), subject to the
procedures outlined in the Digital Millenium Copyright Act (DMCA).
Redford Media LLC has established a Privacy Policy to explain to users how
their information is collected and used. Your use of the website or the Service
signifies acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that Redford Media LLC may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if required to
do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce these Terms; respond
to claims that any Content violates the rights of third-parties; respond to
claims that contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent or as a form of
harrassment; protect the rights, property, or personal safety of Redford Media
LLC, its users or the general public.
You agree not to post, email, or otherwise make available Content:
* that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors in any
way;
* that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
* that impersonates any person or entity, including, but not limited to, a
Redford Media LLC employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
* that includes personal or identifying information about another person
without that person's explicit consent.
* that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
* that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships.
* that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement.
* that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the Redford Media LLC sites which are not designated
for such
purposes; or (2) emailed to Redford Media LLC users who have requested not to
be
contacted about other services, products or commercial interests.
* that includes links to commercial services or web sites, except as
allowed in "services".
* that advertises any illegal services or the sale of any items the sale of
which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by California
law
- a partial list of these is provided for your convenience
* that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
* that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects
other users' ability to use the Service; or
* that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted
through the Service.
Additionally, you agree not to:
* collect personal data about other users for commercial or unlawful
purposes;
* "stalk" or otherwise harass anyone;
* contact anyone who has asked not to be contacted;
* use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made for
internet search engines (e.g. Google) and non-commercial public archives (e.g.
archive.org) that comply with our robots.txt file;
* post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content, or otherwise impose an unreasonable or disproportionately large
load on our infrastructure; or
* attempt to gain unauthorized access to Redford Media LLC's computer systems
or engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
Redford Media LLC email addresses or through Redford Media LLC computer systems,
which is expressly prohibited by these Terms, will use or cause to be used
servers located in California. Any unauthorized use of Redford Media LLC
computer systems is a violation of these Terms and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. §
1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of
the California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
You acknowledge that Redford Media LLC may establish limits concerning use of
the Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that Redford Media
LLC has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that Redford
Media LLC reserves the right at any time to modify or discontinue the Service
(or any part thereof) with or without notice, and that Redford Media LLC shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
You agree that Redford Media LLC, in its sole discretion, has the right (but
not the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Redford Media LLC believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that Redford Media LLC shall not be
liable to you or any third-party for any termination of your access to the
Service. Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree that
Redford Media LLC shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party, you
understand and agree that Redford Media LLC is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you
hereby release Redford Media LLC, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service. If you are a California resident, you waive California Civil Code
Section 1542, which says: "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."
The Service is protected to the maximum extent. Content displayed on or
through the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution
of the Sites or the collective work is prohibited. Copying or reproducing the
sites or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited. You further agree not to
reproduce, duplicate or copy Content from the Service, and agree to abide by any
and all copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. The website is copyrighted by Redford Media LLC.
Although Redford Media LLC does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
Redford Media LLC an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute said Content
and to prepare derivative works of, or incorporate into other works, said
Content, and to grant and authorize sublicenses (through multiple tiers) of the
foregoing.
YOU AGREE THAT USE OF THE REDFORD MEDIA LLC SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE REDFORD MEDIA LLC SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, REDFORD MEDIA LLC DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE REDFORD MEDIA LLC SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED
BY LAW, REDFORD MEDIA LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE REDFORD MEDIA LLC SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE REDFORD MEDIA LLC SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, REDFORD MEDIA LLC DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE REDFORD MEDIA LLC
SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL REDFORD MEDIA LLC BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
REDFORD MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE REDFORD MEDIA LLC SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE REDFORD MEDIA LLC
SITE OR THE SERVICE, FROM INABILITY TO USE THE REDFORD MEDIA LLC SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE REDFORD MEDIA LLC SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE REDFORD MEDIA LLC
SITE OR THE SERVICE OR ANY LINKS ON THE REDFORD MEDIA LLC SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE REDFORD MEDIA LLC SITE OR THE SERVICE OR ANY LINKS ON THE REDFORD MEDIA
LLC SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Redford Media LLC, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of
any of the representations and warranties herein, or your violation of any
rights of another.
The Terms constitute the entire agreement between you and Redford Media LLC
and govern your use of the Service, superceding any prior agreements between you
and Redford Media LLC. The Terms and the relationship between you and Redford
Media LLC shall be governed by the laws of the State of Delaware and California
without regard to its conflict of law provisions. You and Redford Media LLC
agree to submit to the personal and exclusive jurisdiction of the courts located
within Kent County, Delaware. The failure of Redford Media LLC to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to info@redfordmedia.com. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
You understand and agree that, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated then you will be
liable to pay Redford Media LLC liquidated damages as follows:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about another
person without that person's explicit consent, you agree that Redford Media LLC
in its sole discretion may disclose identifying information about you to the
victim, and that should Redford Media LLC bring a claim against you in court,
that you will pay Redford Media LLC one thousand dollars ($1,000) for each such
message.
b. If Redford Media LLC establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the Service, you
agree to pay Redford Media LLC one thousand dollars ($1000) for each message
posted in excess of such limits or for each day on which you access Redford
Media LLC in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Redford Media LLC email
addresses or through Redford Media LLC computer systems, you agree to pay
Redford Media LLC one thousand dollars ($1000) for each such email.
d. If you post messages in violation of these Terms of Use, other than as
described above, you agree to pay Redford Media LLC one hundred dollars ($100)
for each such message. In its sole discretion, Redford Media LLC may elect to
issue a warning before assessing damages.
Otherwise, you agree to pay Redford Media LLC's actual damages, to the extent
such actual damages can be reasonably calculated.
You agree to be bound by our current Dispute Resolution Policy. This policy
is incorporated herein and made a part of this agreement. You can view the
Uniform Domain Name Dispute Resolution Policy online. You agree that Redford
Media LLC may from time to time modify its Dispute Resolution Policy. Redford
Media LLC will post any changes to its Dispute Resolution Policy at least 30
days before they become effective. You agree that by maintaining Your domain
name registrations with Redford Media LLC after the updated policy becomes
effective that You agree to the Dispute Resolution policy as amended. You agree
to review Redford Media LLC's web site periodically to determine if changes have
been made to the Dispute Resolution Policy. If You cancel Your agreement with
Redford Media LLC as a result of the modified Dispute Resolution policy no fees
will be refunded to You. You agree that if a dispute arises as a result of one
or more domain names You have registered using Redford Media LLC, You will
indemnify, defend and hold Redford Media LLC harmless as provided for in this
agreement. You also agree that if Redford Media LLC is notified that a complaint
has been filed with a governmental, administrative or judicial body, regarding a
domain name registered by You using Redford Media LLC, that Redford Media LLC,
in its sole discretion, may take whatever action Redford Media LLC deems
necessary regarding further modification, assignment of and/or control of the
domain name deemed necessary to comply with the actions or requirements of the
governmental, administrative or judicial body until such time as the dispute is
settled. In this event You agree to hold Redford Media LLC harmless for any
action taken by Redford Media LLC.
You agree that, in addition to other events set forth in this agreement, (i)
Your ability to use any of the services provided by Redford Media LLC is subject
to cancellation or suspension in the event there is an unresolved breach of this
agreement and/or suspension or cancellation is required by any policy now in
effect or adopted later by ICANN, and (ii) Your registration of any domain names
shall be subject to suspension, cancellation or transfer pursuant to any ICANN
adopted specification or policy, or pursuant to any Redford Media LLC procedure
not inconsistent with an ICANN adopted specification or policy, (1) to correct
mistakes by Redford Media LLC or the registry operator in registering any domain
name or (2) for the resolution of disputes concerning any domain name.
You agree that Your failure to comply completely with the terms and
conditions of this agreement and any Redford Media LLC rule or policy may be
considered by Redford Media LLC to be a material breach of this agreement and
that Redford Media LLC may provide You with notice of such breach either in
writing or electronically (i.e. email). In the event You do not provide Redford
Media LLC with material evidence that You have not breached Your obligations to
Redford Media LLC within ten (10) business days, Redford Media LLC may terminate
its relationship with You and take any remedial action available to Redford
Media LLC under the applicable laws. Such remedial action may be implemented
without notice to You and may include, but is not limited to, canceling the
registration of any of Your domain names and discontinuing any services provided
by Redford Media LLC to You. No fees will be refunded to You should Your
agreement be cancelled or services be discontinued because of a breach.
Redford Media LLC 's failure to act upon or notify You of any event, which
may constitute a breach, shall not relieve You from or excuse You of the fact
that You have committed a breach.
You agree not to use the services provided by Redford Media LLC, or to allow
or enable others, to use the services provided by Redford Media LLC for the
purposes of:
• The transmission of unsolicited email (Spam).
• Repetitive, high volume inquires into any of the services provided by
Redford Media LLC (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on Redford Media
LLC's servers, or are using our systems to forward a domain, URL, or otherwise
to a system or site hosted elsewhere, or if You have your domain name registered
with Redford Media LLC, You are responsible for ensuring that there is no
excessive overloading on Redford Media LLC's DNS systems. You may not use
Redford Media LLC's servers and Your domain as a source, intermediary, reply to
address, or destination address for mail bombs, Internet packet flooding, packet
corruption, or other abusive attack. Server hacking or other perpetration of
security breaches is prohibited. You agree that Redford Media LLC reserves the
right to deactivate Your domain name from its DNS system if Redford Media LLC
deems it is the recipient of activities caused by your site that threaten the
stability of its network.
You agree that Redford Media LLC, in its sole discretion and without
liability to You, may refuse to accept the registration of any domain name.
Redford Media LLC also may in its sole discretion and without liability to You
delete the registration of any domain name during the first thirty (30) days
after registration has taken place. Redford Media LLC may also cancel the
registration of a domain name, after thirty (30) days, if that name is being
used in association with spam or morally objectionable activities. Morally
objectionable activities will include, but not be limited to: activities
designed to defame, embarrass, harm, abuse, threaten, slander or harass third
parties; activities prohibited by the laws of the United States and/or foreign
territories in which You conduct business; activities designed to encourage
unlawful behavior by others, such as hate crimes, terrorism and child
pornography; activities that are tortious, vulgar, obscene, invasive of the
privacy of a third party, racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a third party; and activities
designed to harm minors in any way. In the event Redford Media LLC refuses a
registration or deletes an existing registration during the first thirty (30)
days after registration, You will receive a refund of any fees paid to Redford
Media LLC in connection with the registration either being canceled or refused.
In the event Redford Media LLC deletes the registration of a domain name being
used in association with spam or morally objectionable activities, no refund
will be issued.
You agree that Redford Media LLC 's entire liability to you under this
agreement, and your only remedy, in connection with any service provided by
Redford Media LLC , to you under this agreement, and for any breach of this
agreement by Redford Media LLC , shall be limited to the fees you paid to
Redford Media LLC for the particular service in contention. Redford Media LLC
and its agents and contractors shall not be liable for any direct, indirect
incidental, special, or consequential damages resulting from the use of or
inability to use any of Redford Media LLC 's services or for the cost of
obtaining substitute services. Because certain states do not permit the
limitation of elimination of liability for certain types of damage, Redford
Media LLC 's liability shall be limited to the smallest amount permitted by law.
Redford Media LLC disclaims any loss or liability resulting from:
1. access delays or interruptions to our web site or domain name registration
system
2. data non-delivery or mis-delivery between You and Redford Media LLC
3. events beyond our control (i.e. acts of God)
4. the loss of registration or processing of a domain name or the use of a
domain name
5. the failure for whatever reason to renew a domain name registration
6. the unauthorized use of Your account with Redford Media LLC or any of
services provided to you by Redford Media LLC
7. errors, omissions or misstatements
8. deletion of, failure to store, or failure to process or act upon email
messages
9. processing of updated information to Your registration record
10. development or interruption of Your web site
11. errors taking place with regard to the processing of Your application
12. application of Redford Media LLC 's Dispute Resolution Policy
13. any act or omission caused by You or Your agent (whether authorized by
You or not)
You agree to release, defend, indemnify and hold harmless Redford Media LLC
and its contractors, agents, employees, offices, directors, shareholders and
affiliates from and against any losses, damages or costs, including reasonable
attorney's fees, resulting from any claim, action, proceeding suit or demand
arising out of or related to Your (including Your agents, affiliates or anyone
using Your account with Redford Media LLC whether or not on Your behalf, and
whether or not with Your permission) use of the services provided by Redford
Media LLC. Should Redford Media LLC be notified of a pending law suit, or
receive notice of the filing of a law suit, Redford Media LLC may seek a written
confirmation from You concerning Your obligation to indemnify Redford Media LLC.
Your failure to provide such a confirmation may be considered a breach of this
agreement.
You warrant that all information provided by You as part of the registration
process is complete and accurate. You also warrant that each registration You
make is being done so in good faith and that You have no knowledge of it
infringing upon or conflicting with the legal rights of a third party or a third
party's registration, trademark or trade name. You also warrant that the domain
name being registered will not be used in connection with any illegal activity.
You agree that Redford Media LLC makes no representations or warranties or
any kind in connection with this agreement and specifically makes no guaranty to
You against the possibility of objection to, or challenge of, the registration
or use of any domain name You register with Redford Media LLC.
Redford Media LLC expressly reserves the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Redford Media LLC, as well as its affiliates,
subsidiaries, officers, directors and employees. Redford Media LLC also reserves
the right to freeze a domain name during resolution of a dispute.
Redford Media LLC expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. Redford
Media LLC makes no warranty that its service(s) will meet your requirements, or
that the service(s) will be uninterrupted, timely, secure, or error free, or
that defects will be corrected. Redford Media LLC does not warrant, nor make any
representations regarding the use, or results of, any of the services it
provides, in terms of their correctness, accuracy, reliability, or otherwise.
You agree that the terms of this Agreement are severable. If any part of this
Agreement is determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with applicable law as closely as
possible, in line with the original intention of both parties to the Agreement.
The remaining terms and conditions of the Agreement will remain in full force
and effect.
You agree that this agreement including the policies it refers to (i.e. our
Dispute Resolution Policy, etc.) constitute the complete and only agreement
between You and Redford Media LLC regarding the services contemplated herein.
This agreement shall be deemed entered into in the state of Delaware and
California. Except for all disputes concerning the use of a domain name
registered with Redford Media LLC , the laws and judicial decisions of Kent
County, Delaware, shall be used to determine the validity, construction,
interpretation and legal effect of this agreement. For the adjudication of
disputes concerning or arising from the use of a domain name registered with
Redford Media LLC , You shall submit, without prejudice to other potential
applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile
and (2) where Redford Media LLC is located. You agree that any action relating
to or arising out of this agreement, shall be brought in the courts of Kent
County, Delaware.
You agree to waive the right to trial by jury in any proceeding that takes
pace relating to or arising out of this agreement.
You agree that all notices (except for notices concerning breach of this
agreement) from Redford Media LLC to You may be posted on our web site and will
be deemed delivered within thirty (30) days after posting. Notices concerning
breach will be sent either to the email address You have on file with Redford
Media LLC or mailed first class postage to the postal address You have on file
with Redford Media LLC. In both cases, delivery shall be deemed to have been
made five (5) days after the date sent. Notices from You to Redford Media LLC
shall be made by email, sent to info@redfordmedia.com.
Universal Terms of Service for
Software and Services
Universal Terms of Service for Redford Media LLC Software and Services This
Agreement ("Agreement") is by and between Redford Media LLC. (" Redford Media
LLC ") a Delaware Corporation and You, Your heirs, agents, successors and
assigns ("You"), and is made effective as of the date of electronic execution.
This Agreement sets forth the terms and conditions of Your use of Redford Media
LLC software (“Software”) and services (“Services”) and explains Redford Media
LLC 's obligations to You and Your obligations to Redford Media LLC in relation
to the Software and Services You purchase.
This Agreement as well as any additional Redford Media LLC policies, together
with all modifications thereto, constitute the complete and exclusive agreement
between You and Redford Media LLC concerning Your use of Redford Media LLC 's
Software and Services, and supersede and govern all prior proposals, agreements,
or other communications. All Redford Media LLC policies and agreements specific
to particular Software and Service are incorporated herein and made part of this
Agreement by reference, including the dispute policy (“UDRP”). By purchasing
Redford Media LLC 's Software or Services, You acknowledge that You have read,
understood, and agree to be bound by all terms and conditions of this Agreement
and any other policies or agreements made part of this Agreement by reference,
as well as any new, different or additional terms, conditions or policies which
Redford Media LLC may establish from time to time, and any agreements that
Redford Media LLC is currently bound by or will be bound by in the future. You
may view the latest version of this Agreement online.
In addition to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this Agreement for transactions entered into
on Your behalf by anyone acting as Your Agent, and transactions entered into by
anyone who uses the account You've established with Redford Media LLC , whether
or not the transactions were in Your behalf. You acknowledge that Redford Media
LLC 's acceptance of any application made by You for Services provided by
Redford Media LLC will take place at Redford Media LLC 's offices located in
Woodcrest, California , USA .
The General Terms in Section A apply to all customers of Redford Media LLC .
The Software and Services Specific Agreements incorporated in Section B apply
only to customers who have purchased those referenced Services.
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
You agree that Redford Media LLC may modify this Agreement and the Services
from time to time. You agree to be bound by any changes Redford Media LLC may
reasonably make to this Agreement when such changes are made. If You have
purchased Services or Software from Redford Media LLC , the term of this
Agreement shall continue in full force and effect as long as You take advantage
of and use the Software or Services. In the event You terminate Your usage,
Redford Media LLC will not refund any amounts You have paid. You agree that
Redford Media LLC shall not be bound by any representations made by third
parties who You may use to purchase Services from Redford Media LLC , and that
any statement of a general nature, which may be posted on Redford Media LLC 's
Web site or contained in Redford Media LLC 's promotional materials, will not
bind Redford Media LLC . Redford Media LLC may, at times, offer certain
promotions with different charges and features.
You agree that You will be responsible for notifying Redford Media LLC should
You desire to terminate Your use of Redford Media LLC 's Services. Notification
of Your intent to terminate must be provided to Redford Media LLC no earlier
than 10 days prior to Your billing date but no later than three days prior to
Your billing date.
You agree to maintain accurate information by providing updates to Redford
Media LLC , as needed, while You are using Redford Media LLC 's Services. You
agree You will notify Redford Media LLC within five (5) business days when any
change of the information You provided as part of the application and/or
registration process changes. Failure by You, for whatever reason, to respond
within five (5) business days to any inquiries made by Redford Media LLC to
determine the validity of information provided by You will constitute a material
breach of this Agreement.
You agree that Redford Media LLC may use and rely on any such information
provided by You for all purposes in connection with Your Services, subject to
Redford Media LLC 's Privacy Policy . If You provide any information that is
inaccurate, not current, false, misleading or incomplete, or if Redford Media
LLC has reasonable grounds to suspect that Your information is inaccurate, not
current, false, misleading or incomplete, Redford Media LLC has the absolute
right, in its sole discretion, to terminate its Services and close Your account.
You can view Redford Media LLC 's Privacy Policy here , which is incorporated
herein by reference, as it is applicable to all Company Software and Services.
The Privacy Policy provides Your rights and Company's responsibilities with
regard to Your personal information. Company will not use Your information in
any way inconsistent with the purposes and limitations provided in the Privacy
Policy.
You agree You are entirely responsible for maintaining the confidentiality of
Your password and account information. You agree You are entirely responsible
for any and all activities that occur under Your account. You agree to notify
Redford Media LLC immediately of any unauthorized use of Your account or any
other breach of security. You agree Redford Media LLC will not be liable for any
loss that You may incur as a result of someone else using Your password or
account, either with or without Your knowledge. You further agree You could be
held liable for losses incurred by Redford Media LLC or another party due to
someone else using Your account or password. For security purposes, You should
keep account access information in a secure location and take precautions to
prevent others from gaining access to Your user name and password. You agree
that You will be responsible for all activity in Your account, whether initiated
by You, or by others on Your behalf, or by any other means. Redford Media LLC
specifically disclaims liability for any activity in Your account, whether
authorized by You or not.
As a condition of Your use of Redford Media LLC 's Software and Services, You
agree not to use them for any purpose that is unlawful or prohibited by these
terms and conditions, and You agree to comply with any applicable local, state,
federal and international laws, government rules or requirements. You agree You
will not be entitled to a refund of any fees paid to Redford Media LLC if, for
any reason, Redford Media LLC takes corrective action with respect to Your
improper or illegal use of its Services.
Redford Media LLC reserves the right at all times to disclose any information
as Redford Media LLC deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in Redford Media LLC 's sole
discretion.
If You have purchased Services, Redford Media LLC has no obligation to
monitor Your use of the Services. Redford Media LLC reserves the right to review
Your use of the Services and to cancel the Services in its sole discretion.
Redford Media LLC reserves the right to terminate Your access to the Services at
any time, without notice, for any reason whatsoever.
Redford Media LLC reserves the right to terminate Services if Your usage of
the Services results in, or is the subject of, legal action or threatened legal
action, against Redford Media LLC or any of its affiliates or partners, without
consideration for whether such legal action or threatened legal action is
eventually determined to be with or without merit. Redford Media LLC may review
every account for excessive space and bandwidth utilization and to terminate or
apply additional fees to those accounts that exceed allowed levels.
Redford Media LLC may also cancel Your use of the Services, after thirty (30)
days, if You are using the Services in association with spam or morally
objectionable activities. Morally objectionable activities will include, but not
be limited to: activities designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties; activities prohibited by the laws of the United
States and/or foreign territories in which You conduct business; activities
designed to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortuous, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically, or otherwise
objectionable; activities designed to impersonate the identity of a third party;
illegal access to other computers or networks (i.e., hacking); distribution of
Internet viruses or similar destructive activities; and activities designed to
harm minors in any way. In the event Redford Media LLC cancels Your Services
during the first thirty (30) days after You purchase the Services, You will
receive a refund of any fees paid to Redford Media LLC in connection with the
Services being canceled. In the event Redford Media LLC deletes Your Services
because they are being used in association with spam or morally objectionable
activities, no refund will be issued. You agree You will not be entitled to a
refund of any fees paid to Redford Media LLC if, for any reason, Redford Media
LLC takes corrective action with respect to Your improper or illegal use of its
Services.
You agree Redford Media LLC may immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise connected with
any spam or other unsolicited bulk email. In addition, if actual damages cannot
be reasonably calculated then You agree to pay Redford Media LLC liquidated
damages of $1 for each piece of spam or unsolicited bulk email transmitted from
or otherwise connected with Your account, otherwise You agree to pay Redford
Media LLC 's actual damages. You acknowledge You have read and understand and
agree to be bound by the terms and conditions of Redford Media LLC 's Anti-spam
Policy, available here . Such terms and conditions are applicable to the use of
all Redford Media LLC Software and Services and are incorporated herein.
You agree that Redford Media LLC holds all rights, title and interest in all
Software and Services and all intellectual property, including other rights
related to intangible property, unless otherwise indicated. You acknowledge that
no title or interest to Redford Media LLC 's Intellectual Property Rights is
transferred to You and You agree to make no claim of interest in any
Redford Media LLC Services or Software.
You understand and agree that all content and materials contained in this
Agreement, other policies, the Redford Media LLC Web site, and any affiliated
Web sites, are protected by the various copyright, patent, trademark, service
mark and trade secret laws of the United States, as well as any other applicable
proprietary rights and laws, and that Redford Media LLC expressly reserves its
rights in and to all such content and materials. You further understand and
agree that You are prohibited from using, in any manner whatsoever, any of the
content or materials described above without the express written permission of
Redford Media LLC . No license or right under any copyright, patent, trademark,
service mark or other proprietary right or license is granted to You or
conferred upon You by this Agreement or otherwise.
If You have licensed software from Redford Media LLC , Redford Media LLC
grants You a limited, non-exclusive, nontransferable and non-assignable license
to use the software for such purposes as are ordinary and customary. You are
free to use the software on any computer, but not on two or more computers at
one time.
You agree to not alter or modify the Software. You agree You are not
authorized to combine the Software with any other software program, create
derivative works based upon the Software, nor are You authorized to integrate
any plug-in or enhancement which uses or relies upon the Software. You further
agree not to reverse engineer, decompile or otherwise attempt to uncover the
source code.
Redford Media LLC reserves all rights to the Software. The Software and any
copies You are authorized to make are the intellectual property of Redford Media
LLC . The source code and its organization are the exclusive property of Redford
Media LLC and the Software is protected by copyright, including United States
Copyright Law. Except as expressly provided for in this section, this Agreement
does not grant You any rights in the Software and all rights are reserved by
Redford Media LLC .
Redford Media LLC provides this Software “as is” without warranty of any kind
either express or implied, including but not limited to the implied warranties
or conditions of merchantability or fitness for a particular purpose.
As consideration for the Software or Services purchased by You and provided
to You by Redford Media LLC , You agree to pay Redford Media LLC at the time You
order. All fees are due immediately and are non-refundable unless otherwise
expressly noted, even if Your Services are suspended, terminated, or transferred
prior to the end of the Services term. Redford Media LLC expressly reserves the
right to modify pricing through email notification and/or notice on its Web
site. Payment may be made by You by providing either a valid credit card, an
online check, or a personal check to establish a cash reserve for charge by
Redford Media LLC (collectively, the "Payment Method"). Your Prepaid Services
account may be funded by a money order or a personal check under as further
described, below.
If You signed up for a monthly payment plan, Your monthly billing date will
be determined based on the day of the month You purchase the Services unless
that date falls after the 28th of the month in which case Your billing date will
be the 28th of each month. If You signed up for an annual (or longer) payment
plan, and You elected the automatic renewal option, Redford Media LLC will
automatically renew Your Services when they come up for renewal and will take
payment from the Payment Method You have on file with Redford Media LLC , at
Redford Media LLC 's then current rates.
If for any reason Redford Media LLC is unable to charge Your Payment Method
for the full amount owed Redford Media LLC for the Services provided, or if
Redford Media LLC is charged a penalty for any fee it previously charged to Your
Payment Method, You agree that Redford Media LLC may pursue all available
remedies in order to obtain payment. If You pay by credit card and if for any
reason Redford Media LLC is unable to charge Your credit card with the full
amount of the Services provided, or if Redford Media LLC is charged back for any
fee it previously charged to the credit card You provided, You agree that
Redford Media LLC may pursue all available remedies in order to obtain payment.
You agree that among the remedies Redford Media LLC may pursue in order to
effect payment, shall include but will not be limited to, immediate cancellation
without notice to You of any domain names or Services registered or renewed on
Your behalf. Redford Media LLC reserves the right to charge a reasonable
administrative fee for administrative tasks outside the scope of its regular
Services, including additional costs that it may incur in providing the Services
and pass along to You. These include, but are not limited to, customer service
issues that cannot be handled over email but require personal service, fees
incurred by third parties You have elected to use as payment methods, and
disputes that require legal services. These charges will be billed to the
Payment Method we have on file for You. You may change Your Payment Method at
any time by logging into Your Account Manager.
You agree that You are solely liable for arranging that Your Services are
renewed, and that Redford Media LLC shall not be liable to You or any third
party if it is unable to charge Your Payment Method in order to renew Your
Services.
You, or the individuals who electronically execute this Agreement on behalf
of You hereby represent and warrant that they have the right, power, legal
capacity and appropriate authority to enter into this Agreement, and that they
own and have not transferred to any other person or entity any of the rights,
claims or interests that are the subject of this Agreement. You represent and
warrant that You are 18 years of age or older, or that You have an agent
authorized by law to represent You who is 18 years of age or older who is
entering into this Agreement on Your behalf. You warrant that each action You
make is being done so in good faith and that You have no knowledge of it
infringing upon or conflicting with the legal rights of a third party or a third
party's trademark or trade name.
Redford Media LLC expressly reserves the right to deny, cancel or transfer
any domain name registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Redford Media LLC , as well as its affiliates,
subsidiaries, officers, directors and employees. Redford Media LLC also reserves
the right to freeze a domain name during resolution of a dispute.
IN NO EVENT SHALL REDFORD MEDIA LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF
WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS
INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR
SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Redford Media LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability
for damages as contained herein. In such states, Redford Media LLC 's liability
is limited to the full extent permitted by law. You agree that in no event shall
Redford Media LLC 's maximum aggregate liability exceed the total amount paid by
You for the particular Software or Service in dispute purchased from Redford
Media LLC .
Redford Media LLC expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. Services
are provided on an "As Is" and "As Available" basis. Redford Media LLC makes no
warranty that its services will meet your requirements, or that the services
will be uninterrupted, timely, secure, or error free, or that defects will be
corrected. Redford Media LLC does not warrant, nor make any representations
regarding the use, or results of, any of the services it provides, in terms of
their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in
which event that foregoing disclaimer may not apply to You.
You agree to defend, indemnify and hold harmless Redford Media LLC and its
contractors, agents, employees, officers, directors, shareholders, and
affiliates from any loss, liability, damages or expense, including reasonable
attorneys' fees, resulting from any third party claim, action, proceeding or
demand related to Your (including Your agents affiliates, or anyone using Your
account, software or services with Redford Media LLC whether or not on Your
behalf, and whether or not with Your permission) use of the Software or Services
You purchased from Redford Media LLC or Your breach of this Agreement or
incorporated agreements and policies. In addition, You agree to indemnify and
hold Redford Media LLC harmless from any loss, liability, damages or expense,
including reasonable attorneys' fees, arising out of any breach of any
representation or warranty provided herein, any negligence or willful misconduct
by You, or any allegation that Your account infringes a third person's
copyright, trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets. This indemnification is in
addition to any indemnification required of You elsewhere. Should Redford Media
LLC be notified of a pending law suit, or receive notice of the filing of a law
suit, Redford Media LLC may seek a written confirmation from You concerning Your
obligation to indemnify Redford Media LLC. Your failure to provide such a
confirmation may be considered a breach of this agreement. You agree that
Redford Media LLC shall have the right to participate in the defense of any such
claim through counsel of its own choosing. You agree to notify Redford Media LLC
of any such claim promptly in writing and to allow Redford Media LLC to control
the proceedings. You agree to cooperate fully with Redford Media LLC during such
proceedings.
You agree to cooperate fully with Redford Media LLC during such proceedings.
You agree You will not be entitled to a refund of any fees paid to Redford Media
LLC if, for any reason, Redford Media LLC takes corrective action with respect
to Your improper or illegal use of its services. You also agree that if Redford
Media LLC is notified that a complaint has been filed with a governmental,
administrative or judicial body, regarding a Traffic Facts account of Yours with
Redford Media LLC , that Redford Media LLC , in its sole discretion, may take
whatever action Redford Media LLC deems necessary regarding further
modification, assignment of and/or control of your account to comply with the
actions or requirements of the governmental, administrative or judicial body
until such time as the dispute is settled.
This agreement shall be deemed entered into in the State of Delaware and
California. You agree that the laws and judicial decisions of Kent County,
Delaware, shall be used to determine the validity, construction, interpretation
and legal effect of this Agreement. You agree that any action relating to or
arising out of this Agreement shall be brought in the courts of Kent County ,
Delaware. For the adjudication of disputes concerning the use of any domain name
registered with Redford Media LLC , You agree to submit to jurisdiction and
venue in the U.S. District Court for the District of Delaware located in Kent
County, Delaware.
You agree to waive the right to trial by jury in any proceeding that takes
place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this
Agreement) from Redford Media LLC to You may be posted on our Web site. Notices
concerning breach will be sent either to the email or postal address You have on
file with Redford Media LLC. In either case, delivery shall be deemed to have
been made five (5) days after the date sent. Notices from You to Redford Media
LLC shall be made either by email, sent to info@redfordmedia.com.
The headings in the Agreement are descriptive only and in the event of a
conflict between a heading and the underlying terms of this Agreement, the terms
of this Agreement shall control.
You agree that this Agreement including the policies and agreements it refers
to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only
Agreement between You and Redford Media LLC regarding the Services contemplated
herein.
You agree that the terms of this Agreement are severable. If any part of this
Agreement is determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with applicable law as closely as
possible, in line with the original intention of both parties to the Agreement.
The remaining terms and conditions of the Agreement will remain in full force
and effect.
The failure of Redford Media LLC to enforce any of the provisions within this
Agreement or its incorporated agreements and policies against You or others
shall not be construed to be a waiver of the right of Redford Media LLC
thereafter to enforce such provisions.
Redford Media LLC will make every effort to keep its Web site and Services
operational. However, certain technical difficulties and other factors outside
of its control may, from time to time, result in temporary service
interruptions. You agree not to hold Redford Media LLC liable for any of the
consequences of such interruptions.
Under the Universal Terms of Service for Software and Services section of
this agreement, sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22
shall survive any termination or cancellation of this Agreement.
Nothing in this Agreement, express or implied, is intended to confer upon any
third party any rights, remedies, obligations, or liabilities under or by reason
of this Agreement, except as expressly provided in this Agreement.
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