Last Updated: April 25, 2017
The following Terms of Service (“”) governs your use of the online interactive information publishing service (the “ ”) provided by Ruction, Inc. ("Rinc", “ ” or “ ”) via the website available at http://Skammed.com (the “ ”).
By answering the registration test for “I accept the Terms” and by typing a correct answer in the result box, you acknowledge that you agree to be bound by this Contract, which incorporates by reference the available here. If you do not agree, do not use the Site.
1. ONLINE CONDUCT.
Reports, images, audio, video, text, photographs, messages, tags, information , data, comments and other user generated content (“”) on the Site and agree to, understand, and will abide by, all of the following:
By publishing on the Site, you warrant and represent that the User Content is truthful and accurate.
You will NOT publish more than one Report regarding the same party/person/business/legal entity that relates to the same transaction/issue/dispute. Any new or additional User Content will be published as an Update to the published report, a Dispute Response or Rebuttal/Comment to the published Report.
You will NOT publish any libelous, defamatory or illegal User Content.
You will NOT publish on the Site with the sole intention to harass or bully any particular party/person/business/legal entity, including, but not limited to User Content that may be perceived as cyberharassment, cyberstalking, cyberbullying or an unclassified form of a "revenge post."
e. You shall at ALL times be in compliance with the Content Guides set forth in Section 6(b) below;
The Service was created to provide the individual with a platform to deter fraud, incentivize communication between disputing parties and to promote the public goodwill. You may use the Service as a “” to publish certain original notices features, stories, and other types of content (“Reports”) as permitted by the Content Guides and or as a “ ” of the Site that can browse the content of the Site, including Reports.
To be a Reporter, you will first need to register and create an account (“”) in order to use the Service. To be eligible to create an Account, you must be at least 14 years old and must provide and maintain true, accurate, current, and complete information about yourself (the “ ”). When you set up your account, you will be required to create log-in credentials, which include your username ("EmailID") and password (“ ”). You may not create Login Credentials with the intent to impersonate another person. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials, including any fraudulent, abusive, or otherwise illegal activity (“ ”). We reserve the right to terminate any Login Credentials at any time for any reason, including if we have reason to believe that you have engaged in Prohibited Conduct or otherwise breached any of this Contract. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Contract.
You agree that registering for an Account and submitting Reports to the Service does not create any type of employment or agency relationship between you and us, of any kind whatsoever.
You acknowledge, consent and agree that we may disclose your Registration Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce any provision of the Terms; (iii) respond to any third party claims; or (iv) protect the rights, property, or personal safety of Rinc, our Users, Reporters, or any member of the general public.
3. USE OF THE SERVICE.
Upon completion of registration, you may use the Site to submit original Reports for publication via the Service subject to the terms of this Contract, including the Content Guides set forth in Section 5 below.
You may use the Site to search, display, and access Reports and other content made available at the Site by Reporters and/or Rinc, subject to this Contract.
. You understand that all Reports, images, audio, video, text, photographs, messages, tags, information , data, comments and other user generated content (“ ”) uploaded by you is your sole responsibility. You must abide by all copyright notices and any other terms restricting your use of any User Content. Unless licensed by you directly from the applicable Reporter as a Licensee, all User Content available on the Site is intended for personal, noncommercial use only. Copying or storing any User Content for any nonpersonal use except pursuant to a license with the applicable Reporter is expressly prohibited. As between you and us, you agree that all User Content posted on the Site or otherwise made available via the Service is protected by copyright and owned or controlled by the Reporter credited as the author. Rinc does not and cannot guarantee the accuracy, integrity, authenticity, reliability, veracity, or quality of any User Content and you understand that User Content may be inaccurate, offensive, indecent, or objectionable. Under no circumstances, will Rinc be liable for any User Content or any loss or damage of any kind, including financial or trading losses, resulting from your use, distribution, publication, or reproduction of any User Content.
. Except for User Content, all other text, content and documents on the Site, and any names, logos, service marks, and trademarks appearing in the Site (“ ”) are owned by Rinc and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the arrangement, selection, coordination, and logic of the Site as a collective work. As between you and us, all right, title and interest in and to the Rinc Content and the Site will at all times remain with us. “Ruction,” the “Ruction” logo, and other marks, logos and titles of Rinc are registered and/or common law trade names, trademarks or service marks of Ruction, Inc. You are permitted to use the Site and Service only for the purpose of creating and managing your Account and using the Service to publish Reports, and communicate and interact with other Users, solely as provided in this Contract; any other use or misuse of the Site or Service is strictly prohibited.
5. LICENSE GRANTS; ROYALTIES.
. Rinc grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Site and Service, without right to sublicense, under the following conditions: you shall not, without Rinc’s express written consent: (i) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Service and Site, (ii) use any trade name, trademark, or brand name of Rinc in metatags, keywords and/or hidden text, (iii) create derivative User Content from the Service and Site or commercially exploit the Service and Site, in whole or in part, in any way, and (iv) use the Service and Site, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Rinc. Rinc reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Service and Site. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Rinc’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Rinc may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
. Subject to the terms and conditions of this Contract, you hereby grant Rinc a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, and fully paid-up license to display your User Content, including without limitation the right for Rinc to use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative User Content of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, in connection with the operation and promotion of the Site or Service. You agree and understand that the foregoing grant includes the right, but not obligation, for Rinc to continue to display your Articles, either by choice or as a result of caching or other technological constraints, in perpetuity. You agree that continued display of your Article under these circumstances will not constitute a breach by Rinc of this Contract or infringe upon any IP Rights you may have in such Article.
. Notwithstanding the license granted to Rinc by you in Section 4(b), you agree and acknowledge that Rinc is under no obligation to display any User Content, including any Report, via the Site and may, at any time and in its sole discretion, refuse publication of or remove from the Site or any User Content submitted by you (or on your behalf), and you may not receive notice, written or otherwise, of such refusal or removal of your User Content. You further agree that Rinc is under no obligation of confidentiality with respect to any User Content that you submit.
. Notwithstanding anything contained herein, the Site and Service are not an archive and Rinc shall have no liability to you or any other person for any loss, damage, or destruction to any User Content or any other information submitted to or via the Site or Service. You shall be solely responsible for (i) uploading your User Content, and (ii) maintaining independent archival and backup copies of your User Content, and (iii) providing copies or digital files of any User Content to any Licensee with whom you enter into a License Type.
You agree that your correspondence or business dealings with other Reporters or Users including delivery and provision of any licensed content or payment of any License Fees, and any other terms, conditions , warranties, or representations associated with such dealings, are solely between you and such Reporter or User. You agree that Rinc 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 Reporters or Users on the Site or Service.
6. REPRESENTATIONS AND WARRANTIES.
You represent and warrant that:
you are over the age of eighteen (14) and have full legal power and authority to enter into and perform this Contract in accordance with its terms;
you are legally authorized to submit the applicable User Content, and have the full right and power to grant the rights granted in such User Content in this Contract, without the consent of any governmental body, any regulatory authority, or any third party;
to the extent that any materials, properties, and/or rights owned by or licensed from third parties (collectively, the "") are included in your User Content, you have, at your sole cost and expense, obtained for the benefit of Rinc and the Licensees, any and all licenses and releases necessary for Rinc and such Licensees to exercise the applicable License Types granted by you, including the right to use, publish, reproduce, publicly distribute, perform, display, modify, and prepare derivative User Content of your User Content, and sublicense the foregoing rights, as applicable.
you shall at all times be in compliance with the Content Guides set forth in Section 6(b) below;
you shall ensure that User Content submitted by you (or on your behalf) is truthful and contains accurate information, reflects your experience and is created in an ethical, diligent, and professional manner consistent with the highest industry standards and otherwise in accordance with the terms and conditions of this Contract;
you are the owner or the authorized licensee, with rights to sublicense, of any and all forms of intellectual property rights and protections throughout the world, whether currently existing or hereafter developed or acquired and whether now known or hereafter recognized (“”), in and relating to your Articles or User Content;
your User Content, and Rinc's use thereof, do not and shall not violate or in any way infringe or otherwise contravene the rights of any person, entity, or estate, including any IP Rights, rights of privacy, or rights of publicity;
your User Content shall not contain any falsehoods or misrepresentations or be in violation of any applicable law, rule, or regulation;
you have provided and will continue to provide true, accurate, and complete Registration Data to Rinc including your legal name, address, and other reasonable requested contact information; and
the execution, delivery, and performance of this Contract does not conflict with, constitute a breach of, or in any way violate any arrangement, understanding, or agreement to which you are a party or by which you are bound.
You represent and warrant that any User Content you provide shall not, at any time, contain any content that is in the sole discretion of Rinc:
· Vulgar language or content;
· Unlawful, obscene, or otherwise offensive in any way;
· An obvious instance(s) of pure harassment or bullying;
· A threat of physical violence or damage to property;
· ANY form of User Content that relates to minor children (e.g., pictures that contain images of minor children should be modified to exclude any child or children prior to uploading to the Site;
· Images that contain signatures (e.g., prior to uploading to the Site, User Content should be modified to exclude the signature)
· Unsubstantiated allegations of serious criminal acts;
· Commercial and/or noncommercial marketing content, link building, and the like.
You are solely responsible for your User Content, and while Rinc does not and cannot review all User Content and is not responsible for such User Content, Rinc reserves the right to delete, cancel, move, or edit User Content that it, in Rinc’s sole discretion, is in violation of the restrictions set forth in Section 6(b) (the “”).
You shall not use the Site or Service to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; (iii) “frame” or “mirror” any portion of the Site, or link to any portion of the Site other than via the homepage of the URL located at http://www.Skammed.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve , index, "" or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (v) harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law. Rinc does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Rinc expressly disclaims any and all liability in connection with User Content. Rinc does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Rinc reserves the right to remove User Content without prior notice and/or to terminate a user's access to the Site, if the user has been notified of infringing activity and has had User Content removed from the Site more than twice. Rinc also reserves the right to decide whether User Content is appropriate and complies with this Contract, at any time, without prior notice and at its sole discretion.
The Site may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other Users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that Rinc publishes in connection therewith, including but not limited to, the prohibition on use of the Site for any unlawful purpose. Although Rinc may from time to time review discussions, chats, comments, transmissions, bulletin boards, blogs, chat rooms, and other community forums available via the Site (the “”), you acknowledge Rinc is under no obligation to monitor or control, and shall have no liability for, any information available the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Rinc reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
g. From time to time, Rinc may receive subpoenas seeking the identity of one, or more, of the Site's Users. Upon receiving such notice of a subpoena, Rinc may object to the disclosure unless and/or until a court determines that the standards set forth in Mobilisa v. Doe, 217 Ariz. 103, 170 P.3d 712 (App. 2007) have been met. In the event Rinc does not object to the disclosure, it may forward a copy of the subpoena to you at the email address you provided in your account registration so that you may take action on your own behalf. In the event you fail to respond to our email and/or you fail to timely object to the subpoena or make other arrangements with the requesting party, Rinc may, without notice, comply with the subpoena which may disclose your identity without incurring and liability to you.
i. You further agree and understand that in order to facilitate the resolution of complaints, Rinc may disclose your identity to any party/person/business/legal entity who joins our Social Advocacy Mediation program ("SAM") or other paid programs which promote the public goodwill, communication between disputing parties and dispute resolution (with the exception of any programs that specifically do not contemplate the release of such information). Disclosures made under this section may encompass Reports submitted before and/or after the date the company joins our program(s). Notwithstanding the foregoing, some programs, such as SAM, require the program member to agree not to sue legitimate complaining customers without the prior written consent of Rinc (with the exception of pending litigation wherein a Report's author has already been identified through the course of discovery in that litigation). You further agree to release and hold Rinc harmless from any claims that Rinc disclosed your identity pursuant to these Terms and Conditions.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
THE SERVICE AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RINC MAKES NO WARRANTY THAT THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DOES RINC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR SITE. RINC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE AND SITE, INCLUDING ANY ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SERVICE AND WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT RINC IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. YOU AGREE THAT RINC’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR SITE IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00). 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 AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT RINC MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
8. INDEMNIFICATION; PASSIVE NETWORK PROVIDER.
You shall defend, indemnify, and hold harmless Rinc and its officers, employees, directors, agents, contractors, and Licensees, (collectively, the “ ”) from and against all claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and defense and reasonable attorneys' fees), regardless of the form of action, including, without limitation, those based on, arising out of, or relating to: (i) Your breach or alleged breach of any term, representation, warranty, or covenant contained in this Contract; (ii) any claim by a third party that any User Content submitted by you (or on your behalf), and/or Rinc's use thereof , infringes upon the IP Rights or other rights of such third party; and (iii) Your acts or omissions (including negligence or strict liability) related to the subject matter of this Contract, including, without limitation, any third-party claim or action based on, arising out of or relating to any User Content licensed hereunder. You shall promptly reimburse Rinc and the Indemnified Parties for any liabilities incurred in connection with any such claims. Rinc may have its own counsel present at and participating in all proceedings or negotiations relating to such claim, at Rinc's own expense, unless you fail or refuse to secure legal counsel to defend any such claim in a timely manner, in which case the expense of Rinc's counsel shall be borne by you.
COMMUNICATIONS DECENCY ACT. RINC IS A PROVIDER OF INTERACTIVE COMPUTER SERVICES, SUBJECT TO THE PROTECTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY AFFORDED BY THE COMMUNICATIONS DECENCY ACT (47 U.S.C. 223 et seq.) AND OTHER APPLICABLE LAWS.
DIGITAL MILLENNIUM COPYRIGHT ACT. RINC IS AN INTERACTIVE SERVICES PROVIDER, SUBJECT TO THE PROTECTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY AFFORDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. 512 et seq.) AND OTHER APPLICABLE LAWS. As such, RINC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “”). To be valid, a DMCA Takedown Notice must be provided to RINC’s designated agent, (“ ”), as set forth below, and include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted User Content at a single online site are covered by a single notification, a representative list of such User Content;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Rinc’s Copyright Agent to receive DMCA Takedown Notices is:
Attn: DMCA Compliance Department
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for Rinc to be authorized to takedown any User Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
10. LINKS TO OTHER WEBSITES
11. SUBMITTED IDEAS
12. CHOICE OF LAW AND ENFORCEMENT
Your access to the Site as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Wyoming, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Wyoming.
Rinc’s failure to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Contract is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Contract shall continue in effect. A printed version of this Contract and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Contract to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT RINC MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ACCEPT USER CONTENT FROM OTHERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS CONTRACT. YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS CONTRACT.
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