Rah Rah Terms of Service Version 1.1.1 posted and effective as of October, 2020
Welcome to the Rah Rah Community Engagement System site (the “Site”). These Terms of Service, together with the Privacy Statement are legal contracts that govern your use of this Site, of any desktop or mobile application created by Rah Rah, Inc. (“App”), and your access to any services provided through the Site or App or both (“Services”). By accessing the Site, installing the App, or using the Services, you agree to be bound by the Terms. If you do not agree to these Terms, you may not use the Site or App or access the Services. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of certain Services accessible through the App or Site may be subject to your acceptance of separate agreements with Rah Rah, Inc. (“Rah Rah”) or third parties.
Amending these Terms
Rah Rah may from time to time change any part of the Terms of Service by adding, deleting, or varying their content. These amendments could occur very close together, or very far apart, depending on the circumstances.
Rah Rah will provide you with notice of the proposed amendment by posting an amended version of the Terms of Service with a new version number. There will also be a link to the previous version of the terms beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms of Service will continue to apply.
If you disagree with any amendments, you may cancel the Terms of Service by ceasing to access the Site or use the Services and uninstalling the App at any time within the 30-day notice period. If the amendment increases your obligations under these Terms of Service, or decreases our obligations, then you can also cancel in the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not uninstall the App, whether or not you have accessed the Site and used the Services during that time, you are considered to have accepted the proposed amendments.
License and Site Access
Rah Rah grants you a limited license for the sole purpose of accessing and make personal use of the Site and App. The license to use the Site and App does not include any resale or commercial use of the Site or App; or any derivative use of this Site or App; or any use of data mining, robots, APIs, scraping, or other data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Site or App for any commercial purpose, or for any purpose that is prohibited by applicable law. If you violate any of these Terms, your permission to use the Site automatically terminates.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Rah Rah has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
Creation, Access, and Use of Accounts
At some point in your use of the Site or App, Rah Rah may require that you create an account. If you decline to create an account, this may interfere with or prevent your further use of the Site or App or Services.
Once created, this account will be yours and yours alone. You must not share your login credentials or password with anyone else. If a third party does gain access to your account, you will be responsible for all use of your account by that person, whether authorized or unauthorized.
Rah Rah reserves its right to suspend or terminate your account separate from the suspension or termination of these Terms. Accounts may be suspended or terminated for failure to comply with these Terms, violation of third-party intellectual property rights, violation of third-party privacy rights, suspected illegal activity, or if Rah Rah believes that your account has been compromised.
When you install the App, you may receive electronic communications, including electronic commercial messages, either from Rah Rah, from the App’s institutional sponsor, or from other users of the App. You hereby expressly consent to receive all of these electronic communications.
By using the Site or App you agree that you will not do any of the following:
(1) Restrict or inhibit any other user from using and enjoying the Site or App; or
(2) Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state/provincial, national or foreign law, including without limitation the U.S. export control laws and regulations; or
(3) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication or engage in spamming or flooding; or
(4) Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
(5) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site or App for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
(6) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site or App which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
You acknowledge and agree that Rah Rah has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the App or Website properly, to effectively deliver Services, or to protect itself, its subscribers, or users. Rah Rah will not intentionally monitor or disclose any private electronic-mail message to which Rah Rah’s representatives are not a party unless required by law. Rah Rah reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Rah Rah may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that Rah Rah may, in its sole discretion, use the Feedback you provide in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Rah Rah a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose. You are not required to provide Feedback to use the Site and App.
In connection with your use of the Site, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Rah Rah. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Rah Rah, is responsible for the performance of the Third-Party Services.
Third-Party Web Sites
Disclaimer of Warranties
Your use of the Site and App, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAH RAH, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE, APP, SERVICES, AND ANY RELATED MATERIALS, INCLUDING ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. RAHRAH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. RAH RAH DOES NOT WARRANT OR GUARANTEE THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. RAH RAH IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
Rah Rah’s paying customers may have a different limitation of liability in their agreements with Rah Rah; if they do, the limitation of liability below applies only to their end-users.
THE APP, SERVICE, AND SITE ARE FREE TO END-USERS; RAH RAH IS PAID BY EDUCATIONAL INSTITUTIONS AND OTHER CONTENT PROVIDERS. THE ENTIRE CUMULATIVE LIABILITY OF RAH RAH AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS TO YOU SHALL BE LIMITED TO ONE (1) US DOLLAR EXCEPT TO THE EXTENT THAT YOU MAY BE ENTITLED BY LAW OR REGULATION TO ADDITIONAL REMEDIES IN THE EVENT OF A DATA SECURITY BREACH. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAH RAH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF RAH RAH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RAH RAH AND YOU. RAH RAH WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Your right to use or access the Site or App may be terminated by Rah Rah immediately and without notice if you fail to comply with any part of the Terms. Upon termination, you must immediately uninstall the App, cease accessing or using the Site and agree not to re-register or otherwise make use of the Site or App or Services. Furthermore, you acknowledge that Rah Rah reserves the right to take action, whether technical, legal or otherwise, to prevent you from accessing the Site.
Access to the Service, Site, and App is not guaranteed in perpetuity. Rah Rah reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site or App or Services (or any part thereof).
You will be responsible for any harm incurred by Rah Rah arising in any way from your use of the Service, Site, or App, or any violation of these Terms by you or users of your account.
Certain provisions survive the termination or cancellation of the Terms of Service, including the limitation of liability and exclusion of warranties.
If you have any questions or comments about the Terms, or to obtain information about the Site, App, or Services, we can be reached by email using the following contact information: firstname.lastname@example.org
The Suppliers, agents, distributors, dealers, and employees of Rah Rah are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Rah Rah. Any waiver of the terms herein by Rah Rah must be in a writing signed by an authorized officer of Rah Rah and expressly referencing the applicable provisions of the Terms.
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Headings are included for convenience only, and shall not be considered in interpreting these Terms.
If you are an end-user without a separate fee-bearing services or Software as a Service agreement with Rah Rah:
● Except as expressly set forth in these Terms, these Terms of Service are a complete statement of the agreement between you and Rah Rah, and set forth the entire liability of Rah Rah and its Suppliers and your exclusive remedy with respect to your access and use of the Site.
● 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 Site or the Terms must be filed within 1 year after such claim or cause of action arose (regardless of knowledge) or be forever barred.
● The Terms will be governed by California law, however the United Nations Convention on the International Sale of Goods is excluded.
Terms of Service
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