Terms of Service
Your
Acceptance / Responsibilities
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF USE”)
CAREFULLY BEFORE USING THE SERVICES OFFERED BY REDLASSO, INC.
(“REDLASSO”). THESE TERMS OF SERVICE SET FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS
WEBSITES OWNED AND OPERATED BY REDLASSO, INCLUDING, WITHOUT
LIMITATION, THE WWW.REDLASSO.COM WEBSITE AND DOMAIN NAME, AND ANY
OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY
REDLASSO IN CONNECTION THEREWITH (COLLECTIVELY “REDLASSO
WEBSITE”). BY USING AND/OR VISITING THE REDLASSO WEBSITE IN
ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
REDLASSO WEBSITE OR REGISTERING AS A MEMBER, YOU (“YOU”)
SIGNIFY YOUR ASSENT TO THESE TERMS OF SERVICE AND THE TERMS AND
CONDITIONS OF THE REDLASSO PRIVACY NOTICE, WHICH ARE PUBLISHED AT
CORP.REDLASSO.COM,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If You do not agree
to any of these terms, then please do not use the Redlasso Website.
These Terms of Service apply to all Members and Sponsors (each as
defined below) of the Redlasso Website, including members who are
also contributors of video/audio content, information, and other
materials or services to and on the Redlasso Website or Redlasso
syndicated players or links. Redlasso is a web 2.0 tool that has
been adopted by bloggers primarily, and is an important element in
the enrichment of truth, accuracy, and popular participation in news
and infotainment through transformation and reporting on “news
about news”. Redlasso has become bloggers choice for posting
audio and video for syndication and distribution.
When You register to become a Member or Sponsor of Redlasso, Redlasso
collects certain personal information about You. You agree that
Redlasso may use any information it obtains about You in accordance
with the provisions of the Redlasso Privacy
Policy. In addition, the Redlasso Website
is offered subject to acceptance without modification of all of the
terms and conditions contained herein and all other operating rules,
policies and procedures that may be published from time to time on
the Redlasso Website by Redlasso. Moreover, some services offered
through the Redlasso Website may be subject to additional terms and
conditions promulgated by Company from time to time; your use of such
services is subject to those additional terms and conditions, which
are incorporated into these Terms of Service by this reference.
Without limiting any of your other obligations set out herein,
Members and Sponsors agree not to use Redlasso to violate any local,
state, national, or international law or regulation and
to indemnify, defend and hold Redlasso and its parent corporation,
officers, directors, employees and agents harmless in accordance with
Section 15 against any third party claims of intellectual property
infringement arising from your use or posting of any Content on the
Redlasso Site.
Website
Access
Redlasso’s transformative media processing (TMP) technology,
which is available via the Redlasso Website, makes video content
searchable through its patent pending platform. Uploaded
content of news and infotainment thereby becomes searchable and
available for use by bloggers and citizen journalists for social
commentary purposes. Redlasso hereby grants You permission to use
the Redlasso Website, including the right to use the technology,
Video Content and any other content made available by Redlasso and/or
third parties via the website solely for purposes of commenting on
such content within your blog and not for any un-commented
rebroadcast or commercial use. In addition, You agree that: (i)You
will not copy or distribute any part of the Redlasso Website,
including without limitation any Content, in any medium except as
otherwise expressly permitted herein; (ii) You will not alter or
modify any part of the Redlasso Website, including without limitation
any Content, other than as may be expressly permitted herein and as
is reasonably necessary to use the Redlasso Website for its intended
purpose; and (iii) You will otherwise comply with the terms and
conditions of these Terms of Service.
In order to access some features of the Redlasso Website, You will
have to create an account (“Your Account”). You may never
use another's account without permission. Members and Sponsors will
provide true, accurate, current, and complete information as prompted
by the registration form. Members and Sponsors are solely
responsible for the activity that occurs on their respective Account,
and You must keep your account password secure. You must notify
Redlasso immediately of any breach of security or unauthorized use of
Your Account. Although Redlasso will not be liable for your losses
caused by any unauthorized use of Your Account, You may be liable for
the losses of Redlasso or others due to such unauthorized use.
Members and Sponsors will not transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of content or
solicitation through or by means of the Redlasso Website.
Participation
To remain eligible as an active participant
and user of the Redlasso Website (“Participant”), You
must at all times comply with the terms and conditions of these Terms
of Service. Redlasso reserves the right to refuse participation to
any applicant or participant at any time in its sole discretion.
A.
Members. If You participate as an
Member, You are solely responsible for all Video Content You submit
to Redlasso, whether created by or for You, including but not limited
to graphics, music, sound, images, files, photos, animation, artwork,
text, data, information, messages, hypertext links, scripts or other
material (collectively, "Video Content"), when and if such
functionality is made available by Redlasso. Redlasso disclaims all
liability relating to your Video Content. In addition to the
requirements with respect to Member Submissions in Section 4 below,
You may not submit Video Content that contains any pornographic,
infringing, defamatory, hate-related, violent or illegal content.
In connection with Redlasso's marketing and as
contemplated herein, You permit Redlasso to:
host, index and cache your Video Content;
tag your Video Content with information that will be used by
Redlasso to identity it as your Video Content and assist Redlasso in
properly tracking and calculating any revenue amounts that You may
earn;
insert advertising before, during and at the end of your Video
Content
distribute, or have distributed, your Video Content within the
Redlasso Website; and
engage in such further actions regarding your Video Content as may
be necessary or appropriate in order to effect the business purposes
of Redlasso and the Redlasso Website.
Redlasso may, in its sole discretion, also:
reject, suspend access to or remove any of your
Video Content from the Redlasso Website at any time that Redlasso
deems it unsuitable for the Redlasso Website or for distribution
within the Redlasso Website; and
Modify
any meta data You submit with your Video Content, including without
limitation meta tags, age rating, descriptive language, search
terms, category and keyword modifiers. Redlasso shall have no
liability for taking such actions. You agree and accept that
Redlasso does not guarantee that your Video Content will be
distributed on any part of the Redlasso Website and that
distribution may be subject to acceptance by any of the third party
service providers with whom Redlasso has agreements for the
distribution of content and its services (“Third Party Service
Providers”).
B.
Sponsors. If You Participate as an
advertising sponsor of the Redlasso Website (“Sponsor”),
You are solely responsible for all advertising content You transmit
or submit to Redlasso, whether created by or for You, including but
not limited to: (i) artwork, written content, images, photos,
graphics, music, animation, data, text, information, URLs, hypertext
links, scripts and the content and material included in such
components; and (ii) websites and content proximately reachable from
such content (collectively, "Ads"). Prior to providing any
Ads and participating as a Sponsor, You will be required to read and
accept additional written terms and conditions governing your
submission of Ads to Redlasso (the "Advertiser Agreement").
Redlasso disclaims all liability relating to your Ads. You may not
submit Ads that contain any pornographic, infringing, hate-related,
defamatory, violent or illegal content. In connection with Redlasso's
marketing and distribution as contemplated in this Agreement, and in
addition to the terms set forth in the Advertiser Agreement, You
permit Redlasso to: (x) tag your Ads with information that will be
used by Redlasso to identity it as your Ads and assist Redlasso in
properly tracking and calculating any revenue amounts that You may
owe to Redlasso; (y) attach your Ads to Video Content, and (z)
distribute, or have distributed, your Ads within the Redlasso Website
via online distribution. Redlasso may, in its discretion at any time,
reject, suspend access to or remove any of your Ads from the Redlasso
Website. You agree and accept that distribution of your Ads on any
part of the Redlasso Website may be subject to acceptance by any
applicable Third Party Service Providers.
Intellectual
Property Rights
The trademarks, service marks and logos contained on the Redlasso
Website (“Marks”) are owned by or licensed to Redlasso
and no rights are granted to You with respect to such Marks under
these Terms of Service. The Content on the Redlasso Website may be
subject to copyright and other intellectual property rights under
United States and foreign laws and international conventions.
Notwithstanding the foregoing, all of the Content is provided to You
AS IS without any warranties of any kind. and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners
except as otherwise expressly permitted herein. Redlasso reserves all
rights not expressly granted in and to the Redlasso Website and the
Marks. You agree to not engage in the use, copying, reproduction,
transmission, broadcast, display, sale, license, exploitation or
distribution of any of the Content other than as expressly permitted
herein, including any use, copying, or distribution of Member
Submissions made available through the Redlasso Website for any
commercial purposes. You agree not to circumvent, disable or
otherwise interfere with security related features of Redlasso that
prevent or restrict use or copying of any Content or enforce
limitations on use of the Redlasso Website or the Content therein.
Member
Participation
The Redlasso Website
may now or in the future permit the submission of Video Content or
other communications submitted by You and other members ("Member
Submissions") and the hosting, sharing, and/or publishing of
such Member Submissions. You understand that whether or not such
Member Submissions are published, Redlasso does not guarantee any
confidentiality with respect to any submissions.
You shall be solely
responsible for your own Member Submissions and the consequences of
posting or publishing them as well as for your use of any other
person’s Member Submissions. In connection with your posting
and use of Member Submissions and other Content, You affirm,
represent, warrant and covenant that: (i) You own or have the
necessary licenses, rights, consents, and permissions to use and
authorize Redlasso to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all Member
Submissions to enable inclusion and use of the Member Submissions in
the manner contemplated by the Redlasso Website and these Terms of
Service; and (ii) You have the written consent, release, and/or
permission of each and every identifiable individual person in the
Member Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the
Member Submissions in the manner contemplated by the Redlasso
Website and these Terms of Service or (iii) your posting and/or use
of any Content made available on or through the Redlasso Website
falls under the “fair use” doctrine under U.S. copyright
law and thus does not require the permission of, or a license from,
the applicable Content owner in order for it to be used or posted by
You on your website or blog in the manner described in these Terms
of Service. Without limiting any of the foregoing, You represent,
warrant and covenant that You shall use Content made available at
the Redlasso Website solely to search and clip specific pieces of
Content (limited in duration) for further transformative use,
including commentary and satire, within your own web site or blog
and any such Content will not be used as un-commented rebroadcast.
For clarity,
You retain all of your ownership rights in your Member Submissions.
However, by submitting the Member Submissions to Redlasso, You
hereby grant Redlasso a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the
Member Submissions in connection with the Redlasso Website and
Redlasso's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the
Redlasso Website (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each member of
the Redlasso Website a non-exclusive license to access your Member
Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such Member
Submissions as permitted through the functionality of the Redlasso
Website and under these Terms of Service. The foregoing license
granted by You terminates once You remove or delete a Member
Submission from the Redlasso Website.
In
connection with Member Submissions, You further agree that You will
not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights,
unless (a) You are the owner of such rights, (b) You have permission
from their rightful owner to post the material and to grant Redlasso
all of the license rights granted herein or (c) in the absence of
such permission You have a legitimate right to submit and use such
material under the copyright doctrine of “fair use”;
(ii) publish falsehoods or misrepresentations that could damage
Redlasso or any third party; (iii) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business; or (v) impersonate
another person. Redlasso does not endorse any Member
Submission or any opinion, recommendation, or advice expressed
therein, and Redlasso expressly disclaims any and all liability in
connection with Member Submissions.
Redlasso does not
permit copyright infringing activities and infringement of
intellectual property rights on the Redlasso Website.
Notwithstanding the foregoing, Redlasso may or may not be able to
identify the originator of the Content and / or the various points
of distribution and Redlasso will remove all Content and Member
Submissions if properly notified that such Content or Member
Submission infringes on another's intellectual property rights.
Redlasso reserves the right to remove Content, including but not
limited to any Member Submissions, without prior notice. Redlasso
will also terminate a Member's or Sponsor’s access to the
Redlasso Website if they are determined to be a repeat infringer.
Redlasso also reserves the right to decide whether any Content,
including but not limited to any Member Submission, is appropriate
and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law,
such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. Redlasso may remove such Content
and/or terminate a Member's or Sponsor’s access to the
Redlasso Website for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole
discretion.
F. You understand that when using the Redlasso Website, You will be
exposed to Content from a variety of sources, and that Redlasso is
not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such Content. You further
understand and acknowledge that You may be exposed to Content that is
inaccurate, offensive, indecent, or objectionable, and You agree to
waive, and hereby do waive, any legal or equitable rights or remedies
You have or may have against Redlasso with respect thereto, and, in
addition to your indemnity obligations in Section 14 below, You agree
to indemnify and hold Redlasso, its officers, directors, employees, ,
affiliates, and/or licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the Redlasso
Website.
Digital
Millennium Copyright Act Notice
Redlasso has adopted the following general policy toward copyright
infringement in accordance with the Digital Millennium Copyright Act
(currently located at
http://lcweb.loc.gov/copyright/legislation/dmca.pdf)
(“DMCA”). The address of Redlasso’s Designated
Agent to Receive Notification of Claimed Infringement (“Designated
Agent”) is listed at the end of this policy.
It is Redlasso’s policy to (a) block access to or remove
Content that it believes in good faith to be copyrighted material
that has been illegally copied and distributed by any of our
advertisers, affiliates, content providers, members or users; and (b)
remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements
If You are a copyright owner or an agent thereof and believe that any
Member Submission or any other Content infringes upon your
copyrights, You may submit a notification pursuant to the DMCAby
providing our Designated Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact You, such as an address, telephone number, and, if
available, an electronic mail;
(v) A statement that You have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that You are authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
Once Proper Bona Fide Infringement Notification is Received by
the Designated Agent:
It is Redlasso’s policy:
(i) to remove or disable access to the infringing Content;
(ii) to notify the Content provider, member or user that
it has removed or disabled access to the Content; and
(iii) that repeat offenders will have the infringing
Content removed from the system and that Redlasso will terminate such
Content provider’s or Member’s access to the Redlasso
Website.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider or Member believes that the Content that was
removed or to which access was disabled is either not infringing, or
the Content provider or member believes that it has the right to post
and use such Content from the copyright owner, the copyright owner’s
agent, or pursuant to the law, the Content provider or Member must
send a counter-notice containing the following information to the
Designated Agent listed below:
(i) A physical or electronic signature of the Content
provider or Member;
(ii) Identification of the Content that has been removed
or to which access has been disabled and the location at which the
Content appeared before it was removed or disabled;
(iii) A statement that the Content provider or Member has
a good faith belief that the Content was removed or disabled as a
result of mistake or a misidentification of the Content; and
(iv) Content provider’s or Member’s name,
address, telephone number, and, if available, e-mail address and a
statement that such person or entity consents to the jurisdiction of
the Federal Court for the judicial district in which the Content
provider’s or Member’s address is located, or if the
Content provider’s or Member’s address is located outside
the United States, for any judicial district in which Redlasso is
located, and that such person or entity will accept service of
process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Designated Agent, Redlasso’s
may send a copy of the counter-notice to the original complaining
party informing that person that it may replace the removed Content
or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the Content
provider or Member, the removed Content may be replaced, or access to
it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at Redlasso’s discretion.
Please contact Redlasso’s Designated Agent to Receive
Notification of Claimed Infringement at the following address:
Al
McGowan
Redlasso,
Inc.
620 Allendale
Road
Suite 100-A
King of Prussia, PA 19406
Phone:
484.685.4600
Fax: 215.359.2164
Email:
al@redlasso.com
Use
of Embeddable Player
Redlasso permits You to link to materials, including Content, made
available on the Redlasso Website for personal, non-commercial
purposes only unless approved by Redlasso. In addition, Redlasso
provides an "Embeddable Player" feature, which can be
incorporated into your own personal, non-commercial websites for use
in accessing and viewing (but not downloading) the Content on the
Website, and subject to these Terms and Conditions, Redlasso hereby
grants You a non-exclusive, non-transferable, limited license,
without right to sublicense, to download and use a single copy of the
Embeddable Player on your personal website solely for such purpose,
provided that You also include a prominent link on your website back
to the Redlasso Website on the pages containing the Embeddable
Player. You may not, directly or indirectly, (i) alter, merge,
modify, translate, adapt, or prepare any derivative work of the
Embeddable Player; (ii) reverse engineer, disassemble, decompile, or
otherwise attempt to reconstruct or discover any source code (other
than readily accessible source code, if any), data, digital
certificates, passwords, underlying ideas, algorithms, file formats
or programming interfaces of the Embeddable Player, or allow others
to attempt any of the foregoing, except to the extent that the
foregoing restrictions are prohibited by applicable statutory law;
(iii) sell, loan, rent, encumber, lease, provide time sharing,
service bureau, subscription, ASP, or other services, or otherwise
transfer the Embeddable Player or any copy thereof, to or for the
benefit of a third party; or (iv) delete or change any of the
proprietary rights notices of Redlasso appearing on the Embeddable
Player. Redlasso reserves the right to discontinue any aspect of the
Redlasso Website, including without limitation access to and use of
the Embeddable Player feature, at any time. Members should be aware
that other members may be using embedded links for commercial use
with Redlasso permission and are subject to separate terms and
conditions.
Redlasso contains links to third party websites that are not owned or
controlled by Redlasso. Redlasso has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, Redlasso will not and cannot
censor or edit the content of any third-party site. By using the
Redlasso Website, You expressly relieve Redlasso from any and all
liability arising from your use of any third-party website.
Accordingly, we encourage You to be aware when You leave Redlasso and
to read the terms and conditions and privacy policy of each other
website that You visit.
Termination
You agree that Redlasso may terminate or suspend your use of the
Redlasso Website without notice, if: (a) You violate these
Terms of Service; (b) Redlasso is unable to verify or authenticate
any information that You provide; or (c) You engage in any conduct
that Redlasso, in its sole and absolute discretion, believes is in
violation of any applicable law or regulation or is otherwise harmful
to the interests of Redlasso, any other Redlasso member, or any third
party. FURTHER, YOU AGREE THAT REDLASSO SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR REMOVING YOUR SUBMISSIONS OR SUSPENDING OR
TERMINATING YOUR ACCESS TO REDLASSO (OR ANY PORTION THEREOF). You may
discontinue your Participation in and access to and use of the
Redlasso Website at any time. Redlasso reserves the right to
investigate your use of Redlasso Website, including any features,
functionality and/or Content provided therein, in the event Redlasso,
in its sole discretion, believes You have violated these Terms of
Service.
Modifications of Terms and Site
Redlasso may, in its sole and absolute discretion, change these Terms
of Service from time to time. Redlasso will post notice of such
changes on the site. If You object to any such changes, your sole
recourse shall be to cease using the Redlasso Website. Continued use
of the Redlasso Website following notice of any such changes shall
indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes.
Fees
Redlasso reserves the right at any time to charge fees for access to
the Content and/or services made available on the Redlasso Website,
or to portions thereof. In no event will You be charged for access to
any such Content or services unless we obtain your prior agreement to
pay such charges. If You do not consent to such charges, however, You
may not have access to paid Content or services.
Monitoring of Content
Including all Member Submissions, Redlasso reserves the right to
monitor all Content within the network or via the Redlasso Website.
Redlasso does not monitor, control, or have knowledge of any content
transmitted using Redlasso. You agree that You are solely responsible
for all content You transmit and receive using Redlasso.
Payment for Submissions
A.
Payments Due to You. You may be able
to generate revenue through Participation as a Member in accordance
with the terms set forth in these Terms of Service, through valid,
end user activity relating to Video Content and Ads. Such activity
could include for example, without limitation, full Video Content
views or clicks on an Ad, conversion of an Ad click to a sale, or
delivery of an Ad impression displayed in connection with Video
Content (collectively, "Advertising Actions"). How
much you earn depends on a number of factors including how much an
advertiser bids on your site -- you'll receive a portion of what the
advertiser pays. Amounts due to You, if any, in
connection with your Participation as a Member will be determined
solely by Redlasso based on Advertising Actions data—regarding
impressions, clicks, conversions and other applicable
metrics—collected by and/or supplied to Redlasso. Payments
earned as a result of valid Advertising Actions will accrue and be
posted to Your Account. All payments will be made in U.S. Dollars.
Redlasso may change its pricing and/or payment structure at any time,
upon thirty (30) days' prior notice of any such change (unless
Redlasso is required by law to provide more than thirty (30) days
notice). All modified payment terms shall be effective thirty (30)
days after notice has been provided to You by Redlasso (or such other
time period specified in such notice). If any such modified payment
terms are not acceptable to You, Your only recourse is to cease
Participation. By continuing to Participate following notice of any
modified payment terms as set forth herein, You accept and agree to
be bound by such modified payment terms. For the purposes of checking
credit, effecting payment and/or servicing Your Account, Redlasso may
share with third parties, such as payment processors and/or credit
agencies, any credit card and related payment information that You
provide. Redlasso’s obligation to make payments to You under
this section may be subject to modification and exceptions which will
either be set forth in these Terms of Service or in Redlasso’s
advertising policies published from time to time on the Redlasso
Site.
B.
Payments Due Redlasso. As a Sponsor,
the method of calculating the fees You may owe Redlasso will be set
forth in any Advertiser Agreement between You and Redlasso. In
addition, Redlasso reserves the right to charge for certain features
of the Redlasso Website, such as management services or applications
and to change its fees from time to time in its discretion.
No
Automated Querying
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Redlasso Website in a manner
that sends more request messages to the Redlasso servers in a given
period of time than a human can reasonably produce in the same period
by using a conventional on-line web browser. Notwithstanding the
foregoing, Redlasso grants the operators of public search engines
permission to use spiders to copy materials from the Redlasso Website
for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such
materials. Redlasso reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or
harvest any personally identifiable information, including account
names, from the Redlasso Website, nor to use the communication
systems provided by the Redlasso Website for any commercial
solicitation purposes. You agree not to solicit, for commercial
purposes, any Members of the website with respect to their Member
Submissions.
For further clarity:
You may not send automated queries of any sort to Redlasso without
express permission in advance from Redlasso. Note that "sending
automated queries" includes, among other things:
using any software which sends queries to Redlasso to determine how
a website or webpage "ranks" on Redlasso for various
queries;
"meta-searching"
Redlasso; and
performing
"offline" searches on Redlasso
Warranty
Disclaimer
YOU AGREE THAT YOUR USE OF THE REDLASSO WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REDLASSO, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE REDLASSO WEBSITE AND YOUR USE
THEREOF. REDLASSO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE REDLASSO WEB SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE REDLASSO
WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE REDLASSO WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE REDLASSO
WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONSIN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE REDLASSO WEBSITE. REDLASSO DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE REDLASSO
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND REDLASSO WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation
of Liability
IN NO EVENT SHALL REDLASSO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY DIRECT
DAMAGES IN EXCESS OF THE GREATER OF (I)
AMOUNTS PAID BY YOU TO REDLASSO HEREUNDER OR (II) ONE HUNDRED DOLLARS
($100), ARISING FROM OR RELATED TO THESE TERMS OF SERVICE,
INCLUDING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE REDLASSO WEBSITE, (C)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE REDLASSO WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE REDLASSO WEBSITE BY
ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE REDLASSO WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT REDLASSO SHALL NOT BE LIABLE FOR
ANY CONTENT, INCLUDING BUT NOT LIMITED TO ANY MEMBER SUBMISSIONS, OR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
The Redlasso Website is controlled and offered by Redlasso from its
facilities in the United States of America. Redlasso makes no
representations that the Redlasso Website is appropriate or available
for use in other locations. Those who access or use the Redlasso
Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Redlasso, its parent
corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (a) your use of and access to the
Redlasso Website; (b) your violation of any term of these Terms of
Service, including without limitation your breach of any of your
representations, warranties or covenants set forth herein; (c) your
violation of any third party right, including without limitation any
copyright, property, or privacy right; or (d) any claim that one of
your Member Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service
and your use of the Redlasso Website.
Ability
to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth
in these Terms of Service, including on behalf of any company,
organization or entity for which you are an employee, agent or
representative and which you sign up as a Member or Sponsor, and to
abide by and comply with (and to cause such company, organization or
entity to abide by and comply with) these Terms of Service. In any
case, You affirm that You are over the age of 13, as the Redlasso
Website is not intended for children under 13. If
You are under 13 years of age, then please do not use the Redlasso
Website—there are lots of other great web sites for You. Talk
to your parents about what sites are appropriate for You.
Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by You, but may be
assigned by Redlasso without restriction.
General
You agree that: (a) the Redlasso Website shall be deemed solely based
in Pennsylvania; and (b) the Redlasso Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
Redlasso, either specific or general, in jurisdictions other than
Pennsylvania. These Terms of Service shall be governed by the
internal substantive laws of the State of Pennsylvania, without
respect to its conflict of laws principles. Any claim or dispute
between You and Redlasso that arises in whole or in part from the
Redlasso Website shall be decided exclusively by a court of competent
jurisdiction located in Pennsylvania and You hereby consent to such
jurisdiction. These Terms of Service, together with the Privacy
Notice at corp.redlasso.com
and any other legal notices published by Redlasso on the Redlasso
Website, shall constitute the entire agreement between You and
Redlasso concerning the Redlasso Website. If any provision of these
Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of these
Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and Redlasso's failure to assert any
right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. YOU AND REDLASSO AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE REDLASSO WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright 2008. Redlasso, Inc. All Rights Reserved.
Last Updated 2/19/2008, support@redlasso.com