Effective June 2014
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND RMN UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND RMN WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify RMN immediately if you suspect any unauthorized use of, or access to, your account or password.
Termination:This Agreement remains in full force and effect while you use RMN services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing email@example.com. Subject: Terminate My Account. RMN may terminate your account and/or access to RMN services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to RMN services is terminated, this Agreement will remain in effect. You agree that your account is non – transferable and any rights to your account terminate upon your death.
RMN makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Riviera Maya News provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, RMN will in no way be responsible or liable to you for any such breach.
Riviera Maya News will not store any record of Personal Financial Information related to purchases or other transactions you make through RMN Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Riviera Maya News Content: The Riviera Maya News site contains information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of RMN. Riviera Maya News content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and RMN, RMN owns and retains all rights in RMN content and its RMN Services. You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the RMN services.
Except as explicitly and expressly permitted by RMN, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on – line postcards, montages, mash – ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the RMN Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web – based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo – filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from RMN. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Riviera Maya News by emailing: firstname.lastname@example.org. Subject: Content Request.
Your Use of RMN Services: The RMN Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from RMN. Riviera Maya News reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with RMN Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with RMN Services. You understand that RMN does not control the User Content posted by users via RMN Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Riviera Maya News assumes no responsibility or liability for this type of Content. If you become aware of misuse of RMN Services, please report this immediately to RMN by emailing email@example.com. Subject: Misuse of RMN Services. Riviera Maya News assumes no responsibility for monitoring the RMN Services for inappropriate Content or conduct. If at any time, RMN chooses in its sole discretion to monitor RMN Services, RMN nonetheless assumes no responsibility for Content other than RMN Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the RMN Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
– Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the RMN Services, including RMN’s servers, networks or accounts;
– Cover, remove, disable, block or obscure advertisements or other portions of RMN Services;
– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from RMN Services, or to circumvent or modify any security technology or software that is part of RMN Services;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through RMN Services. If you do so, you acknowledge you will have caused substantial harm to RMN, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay RMN $500 peso for each actual or intended recipient of such communication;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without RMN’s prior written consent;
– Use the RMN Services to advertise or promote competing services;
– Use the RMN Services in a manner inconsistent with any and all Applicable Law;
– Attempt, facilitate or encourage others to do any of the foregoing.
Riviera Maya News reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by RMN in its sole discretion. You acknowledge RMN reserves the right to investigate and take appropriate legal action against anyone who, in RMN’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that RMN may access, preserve or disclose information you provide to the Site, including User Content, when RMN has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of RMN, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of RMN services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Your Proprietary Rights: Riviera Maya News does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with RMN Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by RMN or any Affiliated Company. By posting any User Content on, through or in connection with RMN Services, you hereby grant to RMN and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, RMN is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including RMN Services. RMN’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Riviera Maya News reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the RMN Services. You hereby appoint RMN as your agent with full authority to execute any document or take any action, RMN may consider appropriate in order to confirm the rights granted by you to RMN in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with RMN Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with RMN Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through RMN Services or Third Party Services. If you delete your User Content from any RMN Service, RMN’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the RMN back-up copies of the applicable RMN Service, which are not publicly available. Furthermore, to the extent that RMN made use of your User Content before you deleted it, RMN will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from RMN Services will not result in, and RMN assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from RMN Services, and (ii) termination of your account or your use of the RMN Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property: Riviera Maya News respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Riviera Maya News has a policy of terminating repeat infringers’ access to the RMN Services in appropriate circumstances.
Member Disputes: You are solely responsible for your interactions with other RMN users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with RMN Services. Riviera Maya News reserves the right, but has no obligation, to become involved in any way with these disputes.
Disclaimers: Riviera Maya News Services are provided “AS – IS” and “as available” and RMN does not guarantee or promise any specific results from use of RMN Services. Riviera Maya News expressly disclaims any warranties and conditions 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. In particular, RMN makes no warranty that your use of RMN Services will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with RMN Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will RMN be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of RMN Services, problems or technical malfunction in connection with use of RMN Services, attendance at a RMN event, any material downloaded or otherwise obtained in connection with RMN Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with RMN Services, or the conduct of any users of RMN Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of RMN.
Limitation on Liability: IN NO EVENT WILL RMN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE RMN SERVICES, EVEN IF RIVIERA MAYA NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RMN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO RMN FOR RMN SERVICES DURING THE TERM OF YOUR USE OF RMN SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF RMN’S ACTS OR OMISSIONS OR YOUR USE RMN SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF RMN SERVICES.
Arbitration Agreement: Riviera Maya News, including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and RMN may have against the other that arise out of or relate to RMN Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and RMN agrees to give up the right to sue in court. Each of you and RMN also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and RMN.
Disputes: This Agreement will be governed by, and construed in accordance with the laws of San Marino, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and RMN agree to submit to the exclusive jurisdiction of the courts located in Città, San Marnio (47890) Europe to resolve any dispute arising out of this Agreement or RMN Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, RMN SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity: You agree to indemnify and hold RMN, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or RMN Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with RMN Services.
Unsolicited Submissions: Riviera Maya News does not knowingly accept, via RMN Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Riviera Maya New’s policy is to simply delete any such submission without reading it or forwarding it to other RMN staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any RMN or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to RMN via the RMN Services (including but not limited to any public forum), however, such submissions and copyright become the property of RMN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as RMN sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against RMN or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.