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About Rave
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Please read these Terms of Use carefully, as they contain important information about your legal rights, remedies, and obligations. Specifically, these Terms of Use constitute a legally binding agreement between you and Stop By Say Hi, Inc., dba Endless Testimonials (“Company”, “we”, “our”), governing your access to and use of the website (the “Website”) and all associated services (collectively, the “Rave Service"). By creating an account and using the Rave Service, you accept these Terms in full. If you do not agree to these terms, you should not use the Rave Service.
The Rave Service allows you to upload user-generated content to our Website, such as video files, audio files, and other multimedia content (the “Uploaded Content”), which you may then later rearrange, edit, and delete as you see fit. Such Uploaded Content may be linked to by third party websites for the purposes of allowing users of those third-party websites to stream or otherwise view your Uploaded Content.
Account Registration. In order to use the Rave Service, you must create an account to access and use certain features. You must provide accurate, current, and complete information during the registration process and keep your account up-to-date at all times. We reserve the right disallow the use of user names that is inappropriate, infringe a third parties intellectual rights, or attempts to impersonate another user. You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Rave Service.
Account Types. Your account may be of one of two types: a free account (“Free Tier”), or a paid account (“Paid Tier”). The nature of the services provided to you may vary depending upon the type of account you create. Similarly, the ways in which we use your personal information and provide you the service (e.g., with or without advertising) may also vary depending upon account type. Please see our Privacy Policy https://ravenow.online/privacy-policy for further information.
Who Can Use Our Service. In order to use the Rave Service, you must be at least 13 years old, you must not have been previously banned from using the Rave Service, and you must not be prohibited from using the Rave Service by virtue of any other applicable law or regulation.
Termination of Account. You may terminate your account at any time for any reason. The Company may terminate your account, prevent access to any of your Uploaded Content, and/or ban you from the Rave Service (for any length of time) without notice and for any reason, including without limitation your breach of these Terms of Use. You are responsible for retaining copies of such Uploaded Content, as Company is not responsible for returning any Uploaded Content to you upon termination of your account.
In exchange for Company providing the Rave Service, you agree that:
It is your responsibility to ensure that your Uploaded content is consistent with these Terms of Use. We are not obligated to access, review, or censor any Uploaded Content, but we reserve the right to do so. We cannot guarantee that the Uploaded Content you provide is appropriate, so your use of the Rave Service is at your own risk. Your Uploaded Content will only be visible to the public if you and a third party (i.e., a company providing a link to your testimonial video) agree that such Uploaded Content should be public.
You retain ownership to your Uploaded Content, including without limitation any copyright or other intellectual property rights associated with your Uploaded Content. Nevertheless, you also agree that it is necessary for Company to use the Uploaded Content in a way that allows the Rave Service to operate in its intended manner.
Accordingly, you hereby grant Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to (a) host, use, transmit, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Uploaded Content while such content is available via the Rave Service, and (c) to display your username, profile image, and other profile information (configurable by you) on our Website or otherwise in connection with providing the Rave Service.
You may end this license grant and other permissions at any time by deleting your account. However, you acknowledge that any Uploaded Content that has been deleted from or is otherwise inaccessible via the Rave Service might nevertheless be available via other sources on the Internet, e.g., through cached search results or third party sites that may have downloaded, screen-scraped, or otherwise stored your Uploaded Content. We are not responsible for the existence of such content.
Various aspects of the Rave Service and Website are protected by patent, copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Rave Service, the Website, including all associated intellectual property rights, are the exclusive property of Company. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rave Service.
Our collection and use of personal information in connection with your access to and use of the Rave Service is described in our Privacy Policy at https://ravenow.online/privacy-policy and our Cookies Policy at https://ravenow.online/privacy-policy#cookies-policy
We comply with the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA. Toward that end, we may remove or disable access to allegedly infringing material residing on the Website or any other site that is controlled or operated by Company. The notice requirements described below are intended to comply with Company's rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. Before sending either a Notice of Infringing Material or Counter-Notification to us, you may wish to contact a lawyer so that you might better understand your rights and obligations under the DMCA and other applicable laws.
Notice of Infringing Material.If you believe that someone is infringing your copyright by posting infringing material (e.g., Uploaded Content) on the Website, you may send, to the Designated DMCA Agent listed below, a notification containing the following details: (a) reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); (b) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); (c) your contact information (for example, your address, telephone number, email address); (d) a statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and (f) your physical or electronic signature.
Counter-Notification. If material that you have posted to the Website (e.g., your Uploaded Content) has been taken down pursuant to the DMCA, you may file a counter-notification by sending, to the Designated DMCA Agent listed below, a notification that contains the following details: (a) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (b) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; (c) your name, address and telephone number; (d) a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Company may be found and that you will accept service of process from the person who submitted a notice in compliance with the DMCA; and (e) your physical or electronic signature.
In no event shall Company, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, be liable to you or any other entity for any incidental, special, exemplary, punitive, consequential, or indirect damages (including personal injury or emotional stress to you or other affected persons or property, or the cost of procurement of substitute services) arising out of or in connection with your use or inability to use the Rave Service or Website, including without limitation any copyright or other intellectual property claims based on the content of your Uploaded Content.
No Warranty. If you choose to use the Rave Service, you do so voluntarily and at your sole risk. The Rave Service is provided “as is”, without warranty of any kind, either express or implied. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Third Party Links. The Website and, more generally, the Rave Service may incorporate links to other sites and servers operated by parties independent from Company. Such links are provided for your reference only. We do not control such sites, and are not responsible for their content. Company’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their content.
Uploaded Content. We are not responsible for the content of any Uploaded Content or the actions of any of our users or of third parties who may link to the Uploaded Content.
You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless (at our request) from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Rave Service or your violation of these Terms.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Company's prior written consent. Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by cancelling your account. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Company Services will constitute acceptance of the revised Terms.
If you have any questions about these Terms of Service, please contact us by filling the form.
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