RhymeZone.com
Website Terms of Use
Effective Date: December 15, 2023
These Website Terms of Use (“Terms of Use”) govern your use of RhymeZone.com and, unless other terms and conditions expressly govern, any other services provided or made available by RhymeZone.com, including mobile application services (collectively, the "Services").
THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, A CHOICE OF LAW CLAUSE, AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH RHYMEZONE.COM. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES.
For information on how RhymeZone.com collects, uses and shares any personal information, please see our Website Privacy Notice. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities.
SECTION 1
Agreement to Terms of Use
Your use of the Services constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not use the Services. RhymeZone.com reserves the right to change, modify, add, or remove portions of these Terms of Use at any time, and the modified Terms of Use will be effective when posted on the Services. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.
Ownership. The content on the Services is the property of RhymeZone.com, its affiliated companies or licensors, and is protected by international copyright, patent, and trademark laws. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by RhymeZone.com, its affiliated companies or licensors, or the party credited as the provider of the Content. RhymeZone.com also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
Advertising. Advertisements, promotions, and marketing messages may appear on the Services from time to time. Please see our Website Privacy Notice for more information.
Use of Content. You may display, reproduce, print or download content on the Services only for your personal, non-commercial use. In each case, however, you may not remove or alter any copyright, trademark, service mark or other proprietary notices or legends. You may not publish, distribute, retransmit, sell or provide access to the content on the Services, except as permitted under applicable law or as described in these Terms of Use. RhymeZone.com works to ensure that all the content on its Services complies with applicable U.S. copyright laws. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services, such as artificial intelligence ("AI") for purposes of developing or training AI or conducting computer analysis, except with our express written permission. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, insert any code or product, or manipulate the content of the Services in any way that affects a user's experience.
User Generated Content. This section applies to the extent we have enabled posting of user-submitted comments, audio, video, text or other materials in the Services or otherwise allow you to send information or materials through the Services (collectively, UGC).
You are responsible for your own UGC and are responsible for the consequences of sending it through the Services. You must not do the following things: send or post UGC that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send or post UGC that reveals trade secrets, unless you own them or have the permission of the owner; send or post UGC that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others or is otherwise unlawful; send or post UGC that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity; send or post a sexually-explicit image; send or post advertisements or solicitations of business; send or post chain letters or the like; or impersonate another person.
By sending or posting UGC, you warrant and represent that you own or otherwise control all of the rights to the content, and use of your UGC by RhymeZone.com will not infringe or violate the rights of any third-party. By sending UGC, you automatically grant to RhymeZone.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display it alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You retain the right to reuse your UGC as submitted to RhymeZone.com.
You may not use the Services or other communication mechanisms to sell, to trade, or for other commercial purposes. You may not send UGC through the Services that violates the rights of any third-party or contains a virus or other harmful component. Nor may you use language or engage in any activity that is threatening, abusive, vulgar, discourteous, disruptive, or unlawful.
Please be aware that once you post UGC, there is the potential for the general public to read your words, even years from now. RhymeZone.com suggests that you exercise caution when posting UGC on the Services and that you not disclose personal identifiable information like your location, medical record number, financial information, etc.
The opinions and/or views expressed in UGC represent the thoughts of individuals, and not those necessarily of RhymeZone.com or any of its affiliated companies or any of their respective directors, officers, attorneys, employees, or members of their board of directors. Accordingly, notwithstanding anything else in these Terms of Use, RhymeZone.com should not be seen as endorsing any UGC in any way. RhymeZone.com, its affiliated companies, any of their respective directors, officers, attorneys, employees, and/or members of their board of directors shall not be liable for any UGC posted or sent by users of the Services.
RhymeZone.com does not have any obligation to monitor, edit or delete UGC, but may do so in its sole discretion. UGC including, but not limited to, the following may be deleted or edited by RhymeZone.com:
- Abusive or hurtful UGC about a commentor or another participant;
- Off-topic and redundant UGC (this includes promotion of events, groups, pages, Web sites, organizations and programs not related to or affiliated with RhymeZone.com);
- UGC that uses foul or hateful language;
- Personal attacks or defamatory statements or comments;
- UGC that violate the privacy of our users;
- UGC that is obscene, threatening, harassing, deceptive or fraudulent;
- UGC directed at children under the age of 13;
- UGC that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party or individual; and
- UGC that violates applicable laws or regulations.
By submitting UGC, you understand and acknowledge that this information is available to the public, and that we may use this information for internal and external promotional purposes. Please note that other visitors of the Services may use your posted UGC beyond the control of RhymeZone.com. If you do not wish to have the UGC you have made available via the Services used, published, copied and/or reprinted, please do not post UGC on the Services
Mobile Application Services. If available, you may download certain RhymeZone.com mobile applications from either RhymeZone.com or third-party app stores. These Terms of Use, including our Website Privacy Notice, apply to the maximum extent relevant to your use of RhymeZone.com's mobile applications. If applicable, prices for our mobile applications may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
Use of your Data. Please see our Website Privacy Notice for details about how we use and process the data we collect from our Services.
Disclaimer of Warranties. THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH RHYMEZONE.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability. IN NO EVENT SHALL RHYMEZONE.COM, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE: (i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, EVEN IF RHYMEZONE.COM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE; AND (ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING ONE THOUSAND U.S. DOLLARS (US $1,000) IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold RhymeZone.com, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of (i) your use or unauthorized copying of the Services or any of their content; or (ii) your violation of these Terms of Use or any applicable laws or regulations.
Governing Law. You agree that all matters relating to your access to or use of the Services and these Terms of Use, including all disputes, will be governed by the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws, including the United Nations Convention on Contracts for the International Sale of Goods.
Class Action Waiver. YOU AND RHYMEZONE.COM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT. NEITHER YOU NOR RHYMEZONE.COM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. Nothing in this paragraph limits your right or RhymeZone.com's right to bring a lawsuit against each other as an individual plaintiff.
Claims or Disputes Must be Filed within One Year. To the extent permitted by law, any claim or dispute arising out of or related to use of the Services or these Terms of Use must be filed within one year after such claim or dispute arose. The one-year period begins when the notice of such claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it shall be permanently barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Opting Out of Pop Under Ads. Some of our pop-under ads are not detected by Safari and other browsers. To opt out of pop-under ads please see your browser's privacy settings.
Severability. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Survival. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.
Waiver. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement. These Terms of Use constitute the entire agreement between RhymeZone.com and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic).
SECTION 2
COPYRIGHT INFRINGEMENT CLAIMS
If you believe that any copyright infringement exists on the Services, please use the following process to notify RhymeZone.com. We will act expeditiously to remove infringing material once informed. Please direct all claims of copyright infringement with respect to Content that is contained on the Services to copyrights@RhymeZone.com. (Please direct all general questions to our feedback form.)
In addition, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information in writing to copyrights@RhymeZone.com (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, the Notice must include ALL of the following information:
- Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed or as a person authorized to act on behalf of such owner).
- 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 claim, a representative list of such works at that online site.
- 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 RhymeZone.com to locate the material.
- Information reasonably sufficient to permit RhymeZone.com to contact you, such as an address, telephone number and, if available, an electronic mail address.
- A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of such owner.
|
