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Terms of Use
This website is owned and operated by Grapevine Horizon Inc. (“Grapevine
Horizon,” “we,” “us,” “our”). This document contains the terms of use for
www.riotrun.com and any affiliated websites (the “Website”). Please read
carefully.Acceptance of Terms
By using this site
and downloading it’s podloads, you agree to these Terms.
Purpose and Use
The content and information
posted on this Website are provided as information to interested persons and may
be used for informational and personal purposes only. This Website is not
intended for commercial use. Information on products and services may pertain
to limited geographic areas and markets.
Material from this Website may
not be copied or distributed, or republished, uploaded, posted, or transmitted
in any way, without the prior written consent of Grapevine Horizon, except to
review the information included on this Website and to download riot run
podloads consistent with the instructions provided on this Website and the
License granted below. Modification or use of the materials for any other
purpose violates Grapevine Horizon’s intellectual property rights. Any
unauthorized use or any violation of these Terms of Use immediately and
automatically terminates your right to use this Website and may subject you to
legal liability.
License
By accepting these Terms of Use,
you will receive a personal, perpetual, non-exclusive license to install the
podloads on 1 iPod or other digital audio players and personal computers
and to make a single backup copy of the podload. No other license is granted to
reproduce, transfer, sell, distribute to anyone other than you, the person
purchasing the podload, and no license is granted to publicly perform the
podloads.
Purchases
You agree that all purchases
made by you on this Website cannot be exchanged and are non-refundable. If you
experience technical difficulty in downloading a podload you have purchased, you
should contact customer service at
info@riotrun.com or (866) 550-0421. Where required to by law, Grapevine
Horizon will collect sales tax at checkout.
No Warranty
The
content and information posted on this Website is provided to you “as is ”
without warranties or representations of any kind. Grapevine
Horizon disclaims and excludes any express or implied warranties or
representations, including any warranties as to merchantability or fitness for a
particular purpose of this Website to the broadest extent permitted by
law. Grapevine Horizon makes no warranties or representations, express or
implied, as to the timeliness, accuracy, quality, completeness or existence of
the content and information posted on this Website or the podloads contained
therein. Grapevine Horizon makes no warranties or representations, express or
implied, for technical accessibility, fitness or flawlessness of this Website.
Grapevine Horizon makes no warranties or representations that your use of
content and information posted on this Website will not infringe rights of third
parties.
Limitation of
Liability
Any liability of Grapevine
Horizon for damages or injury due to or in connection with accessing and/or
making use of this Website is excluded to the broadest extent permitted by law.
Under no circumstances shall
Grapevine Horizon have any liability for
any incidental, indirect or
consequential damage, loss of profit, anticipated savings, loss of data,
business interruption, loss of goodwill, claims of third
parties, delay damage or punitive damages that result
from the use of, or the inability to use, the materials on the Website, even if
there is negligence or Grapevine Horizon or an authorized Grapevine Horizon
representative has been advised of the possibility of such damages, or both.
Changes
Any changes to the Terms of Use
will be posted on the Website. Please check back periodically.
Reservation of
Intellectual Property Rights
All rights in Website and its
content under copyright or other laws are reserved. The trademarks, logos,
service marks and business names displayed on this Website are protected,
whether or not they are registered. Any unauthorized use of content or
information posted on this Website and any unauthorized reproduction,
retransmission or other use of any part of this Website may infringe Grapevine
Horizon’s or third parties’ copyrights, trademarks, privacy, publicity or other
rights. Requests for reproduction permissions may be addressed to
info@riotrun.com.
General
These Terms of Use and the relationship between you and
Grapevine Horizon shall be governed by the laws of the United States and the
State of New York without regard to any conflict of law provisions. Any action
or proceeding arising from, relating to or in connection with these Terms of Use
will be brought exclusively in the federal or state courts located in New York,
New York, and you irrevocably consent to the personal jurisdiction of such
courts. No failure or delay by Grapevine Horizon in exercising any right, power
or privilege under these Terms of Use will operate as a waiver thereof, nor will
any single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other right, power, or
privilege under these Terms of Use. The invalidity or unenforceability of any
provision of these Terms of Use will not affect the validity or enforceability
of any other provision, all of which will 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, related to or connected with the use of the Website or
these Terms of Use must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in these Terms of Use
are for convenience only and have no legal or contractual effect. These Terms of
Use represent the entire understanding of the parties regarding its subject
matter, and supersede all prior and contemporaneous agreements and
understandings between the parties regarding its subject matter. These terms and
conditions are binding upon and shall ensure to the benefit of both parties and
their respective successors, heirs, executor, administrators, personal
representatives and permitted assigns. You shall not assign your rights or
obligations hereunder without Grapevine Horizon’s prior written consent.
Links
This Website may provide links
to other websites. Grapevine Horizon has no control over such sites and you
acknowledge and agree that Grapevine Horizon is not responsible for the
availability of such external sites and resources and does not endorse and is
not responsible or liable for any content, products or other materials available
from such sites. You acknowledge that you access third parties’ web pages and
sites at your own risk.
Privacy Policy
Please
see our “Privacy
Policy” for additional details. You agree to Grapevine Horizon’s
collection, use, and sharing of your information as set forth in its Privacy
Policy.
Effective:
03/27/06 |
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