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|Terms of Service|
|1. ACCEPTANCE OF TERMS |
Welcome to Rayanusa!. Rayanusa provides its service to you,
subject to the following Terms of Service, which may be updated by us from time to time
without notice to you. You can review the most current version of the Terms of Service at
any time at: Terms of
Service (this page). In addition, when using particular Rayanusa services, you and Rayanusa shall
be subject to any posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules are hereby incorporated by
reference into the Terms of Service . If you are a Client on Rayanusa's Client Service,
please note that Rayanusa provides a different Terms of Service for you. Rayanusa also may
offer other services from time to time, such as Rayanusa! Store and Rayanusa! Site that
are governed by different Terms of Services. These Terms of Service do not apply to the
Rayanusa Client Service, Rayanusa! Store or Rayanusa! Site or such other services.
2. DESCRIPTION OF SERVICE
Rayanusa currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Rayanusa to provide the Service. You also understand and agree that the service may include certain communications from Rayanusa!, such as service announcements, administrative messages and the Rayanusa! Newsletter, and that these communications are considered part of Rayanusa! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Rayanusa properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Rayanusa assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
Registration Data and certain other information about you is
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify Rayanusa of
any unauthorized use of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session. Rayanusa cannot and
will not be liable for any loss or damage arising from your failure to comply with this
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not Rayanusa, are
entirely responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. Rayanusa does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Rayanusa be liable in
any way for any Content, including, but not limited to, for any errors or omissions in 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 Service.
You agree to not use the Service to:
|a.||upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;|
|b.||harm minors in any way;|
|c.||impersonate any person or entity, including, but not limited to, a Rayanusa official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;|
|d.||forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;|
|e.||upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);|
|f.||upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;|
|g.||upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;|
|h.||upload, post, email, transmit or otherwise make available any material 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;|
|i.||disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;|
|j.||interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;|
|k.||intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, and any regulations having the force of law;|
|l.||"stalk" or otherwise harass another; or|
|m.||collect or store personal data about other users.|
You acknowledge that Rayanusa does not pre-screen Content, but
that Rayanusa and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the Service. Without
limiting the foregoing, Rayanusa and its designees shall have the right to remove any
Content that violates the Terms of Service or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by Rayanusa or submitted to
Rayanusa, including without limitation information in Rayanusa! Message Boards, Rayanusa!
Clubs, and in all other parts of the Service.
You acknowledge and agree that Rayanusa may preserve Content and
may also disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms of Service; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal safety of
Rayanusa, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Rayanusa does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Rayanusa the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Rayanusa network of properties that are intended by Rayanusa to be available to the general public. By way of example, publicly accessible areas of the Service would include Rayanusa! Message Boards and portions of Rayanusa! Cients and Rayanusa! Customers that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Rayanusa! Clients and Rayanusa! Customers that are limited to members, Rayanusa services intended for private communication such as Rayanusa! Mail or areas off of the Rayanusa network of properties such as portions of World Wide Web sites that are accessible through Rayanusa! Webring but are not hosted or served by Rayanusa.
You agree to indemnify and hold Rayanusa, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your violation of the
Terms of Service, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Rayanusa may establish general practices and
limits concerning use of the Service, including without limitation the maximum number of
days that email messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space that will be
allotted on Rayanusa's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of time. You
agree that Rayanusa has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that Rayanusa reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that Rayanusa reserves
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Rayanusa reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Rayanusa shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
You agree that Rayanusa, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation, for lack of
use or if Rayanusa believes that you have violated or acted inconsistently with the letter
or spirit of the Terms of Service. Rayanusa may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision of this Terms
of Service may be effected without prior notice, and acknowledge and agree that Rayanusa
may immediately deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service. Further, you
agree that Rayanusa shall not be liable to you or any third-party for any termination of
your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser.
You agree that Rayanusa shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Rayanusa has no control over such sites
and resources, you acknowledge and agree that Rayanusa is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that Rayanusa
shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16. Rayanusa'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Rayanusa or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
Rayanusa grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or form, or to
use modified versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Rayanusa for use in accessing
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
|a.||YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAYANUSA 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.|
|b.||RAYANUSA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.|
|c.||ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.|
|d.||NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAYANUSA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.|
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAYANUSA SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF RAYANUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning companies, stock
quotes, investments or securities, please read the above Sections 17 and 18 again. They go
doubly for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended for trading or investing
purposes. Rayanusa and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or investment decisions
made based on such information.
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the Terms of Service or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Rayanusa!, the Rayanusa! logo, Rayanusa! in Chinese Characters,
SHTFD ,SES4r, SKTFD, trademarks and service marks, and other Rayanusa! logos and
product and service names are trademarks of Rayanusa! Inc. (the "Rayanusa
Marks"). Without Rayanusa's prior permission, you agree not to display or use in any
manner, the Rayanusa Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Rayanusa respects the intellectual property of others, and we ask our users to do the same. 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 provide Rayanusa's Copyright Agent the following information:
By email: Copyright Agent
24. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between
you and Rayanusa and govern your use of the Service, superceding any prior agreements
between you and Rayanusa. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party software.
The Terms of Service and the relationship between you and Rayanusa shall be governed by
the laws of the USA without regard to its conflict of law provisions. You and Rayanusa agree
to submit to the personal and exclusive jurisdiction of the courts located within USA.
The failure of Rayanusa to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. If any provision of the
Terms of Service 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 of Service
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 of Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the Terms of Service are for convenience
only and have no legal or contractual effect.
Please report any violations of the Terms of Service to our Customer Care group.
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