PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  By clicking on the "I ACCEPT" button and/or using the Rapid Media Network, Inc. ("Rapid Media") network facilities, equipment, web site, browser, any Rapid Media-supplied software, and/or any related services (collectively the "Network Services"), you agree to be bound by the following terms and conditions, as well as any guidelines and/or policies of Rapid Media, including, without limitation, Rapid Media Network's Privacy Policy, as the foregoing may be specified herein or as posted on the Rapid Media website now or in the future, and as they may be amended from time to time (collectively, the "Terms and Conditions.")

 Rapid Media Network reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Rapid Media website.  Your continued use of the Network Services constitutes acceptance of the amended Terms and Conditions.  If you do not wish to begin or continue as a user of the Network Services or do not agree to be bound by these Terms and Conditions now or in the future, you should not proceed further with registration and discontinue your use of the Network Services.  Your account will not be activated or service will be discontinued, as applicable.  At any such time that you wish to terminate your use or do not wish to be bound by the Terms and Conditions, or you do not agree with these Terms and Conditions or are dissatisfied with the Network Services or Terms and Conditions, or practices of Rapid Media Network, your sole and exclusive remedy is to discontinue using the Network Services.  If you do not comply with the Terms and Conditions at any time, Rapid Media reserves the right to suspend or terminate your access to the Network Services.

 

Rapid Media Network's Obligations

Subject to the Terms and Conditions, Rapid Media Network agrees to use its best efforts to provide you with the Network Services.  Rapid Media reserves the right to suspend or terminate use of the Network Services for any reason, without notice, and nothing herein shall be deemed to limit that right.

 As may be permitted under the law and consistent with our Privacy Policy, in order to offer you better services, Rapid Media Network may collect, store, compile and use certain information about you, your computer, and your use of the Network Services, including without limitation, information regarding the Network Services you access, information that you provide in response to Rapid Media questionnaires, surveys and registration forms, and the services and products of third parties you may use from your use of the Network Services.  However, Rapid Media Network will not provide personally identifiable information to third parties, including advertisers, clients, and marketers, unless you give Rapid Media Network prior consent to do so.  Rapid Media will use commercially reasonable, industry standard security procedures and methods to properly protect the information you provide to us.

 Rapid Media Network may from time to time, but not as an obligation hereunder, place a message and/or a hypertext link to promote Rapid Media Network, its partners, and their services, in a footer located in e-mail messages transmitted from your account.  You permit Rapid Media Network to include such messages or links in messages you transmit and agree not to alter, obscure or remove such messages or links.

 

Your Obligations

In exchange for access to the Network Services and the related services , on behalf of yourself and for any minor for whom you are providing consent, you agree to provide Rapid Media with accurate, complete and truthful information we may request from time to time in various forms.  You must register for use of the Network Services and related services using your own name, or that of your minor child.  The Network Services are specifically and expressly not intended for children under the age of 13, and Rapid Media expressly prohibits children under that age from using the Network Services for any reason.  You are solely responsible for prohibiting your children from using the Network Services.  If the login identification you request is not available, you will be asked to supply another login identification.  Rapid Media Network reserves the right to verify the accuracy of the information you provide.  If you choose to not provide information to us at any time, we reserve the right to terminate or suspend your rights under this agreement.  You are responsible for all uses of your account, including all information you disseminate through use of the Network Services or through other Internet services.  You are also responsible for the security of your login identification, your password and any security lock code that you use to protect access to your data, Rapid Media Network personal profile, your file name(s) and files, network and any user access effected through the use of your login information and password.

 You may not transfer your account to any other person.  You may not use more than one login session at a time, even if you maintain more than one Rapid Media Network account.

 Other than access to the Rapid Media Network Services , you are responsible for all other fees and charges that may be related to your use of the Network Services, including without limitation third party fees, such as phone charges, as well as hardware and software needs, modems, product purchases, surcharges, and any additional charges for ancillary services or products.

 If you are between the ages of 13 and 17, you should obtain your parents' permission to use the Network Services.

 

Parents Supervising Use by Your Children

Parents of children between the ages of 13 and 17, by agreeing to these Terms and Conditions of Use, you are agreeing to the use of the Services by your children between those ages.  Further, as a parent permitting your child between the ages of 13 and 17 to use the Network Services, you agree to supervise your child's use of the Network Services, including the Rapid Media web site, the Rapid Media Browser and the Internet.  You understand and acknowledge that Rapid Media is not using any blocking software as part of the Network Services and you are assuming all risks, including without limitation, any liabilities resulting therefrom, associated with your minor child(ren)'s use of the Rapid Media Network Services and the transmission by such child(ren) of materials and other information over the Internet.  Further, you understand and acknowledge that Rapid Media does not restrict web sites and it is your duty to know and monitor your child's use of the Network Services.

 Rapid Media Network provides information on the Rapid Media web site regarding parental control software available through third party vendors, as well as various guidelines and procedures that may be helpful in using the Network Services in a safe and responsible manner.  Such information is not an endorsement, and you understand that it is not a guarantee or assurance of the effectiveness to prevent unintended access by minors.

 Payment & Network Services

Following the expiration of a trial period that may be provided to you in the sole discretion of RapidMedia Network, you agree to pay RapidMedia Network the charges for your use of the Network Services using a valid credit card or PayPal account, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.  All payments are completely non-refundable.  You may cancel the Services at any time, but RapidMedia Network will not refund any portion of your subscription fees.  You agree to provide RapidMedia Network with a valid credit card and accurate, complete and updated information required by the subscription registration form.  Failure to comply may result in the immediate termination of Network Services.  

 You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are the sole responsibility of the entity from which such Content originated and not RapidMedia Network.  You understand that by using the Network Services and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards. UNDER NO CIRCUMSTANCES WILL RAPIDMEDIA NETWORK BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE NETWORK SERVICES.

 

Use of Rapid Media Network Services; Uploading Information

You agree to use the Rapid Media Network Services only for lawful purposes and in compliance with these Terms and Conditions.  Rapid Media reserves the right to terminate without refund, or suspend your subscription to, and use of, the Rapid Media Network Services, and reserves the right to (i) monitor your use of the Network Services as may be consistent with the law, and (ii) prohibit any conduct and/or remove any materials or content in violation of the Terms and Conditions or which Rapid Media Network, in its sole discretion, believes may be illegal or potentially injurious or offensive to any party.

 (a)       Specifically, but without limitation, you agree not to do any of the following:  (i) upload to or transmit on the Rapid Media Network Services any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Rapid Media Network Services to violate the legal rights (including the rights of publicity and privacy) of others;  (iii) intercept materials or communications or attempt to intercept materials or communications not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit other user's uses of the Rapid Media Network Services; (vi) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (vii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Rapid Media Network Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Rapid Media Network Services); (viii) bypass or disable any portion of the Network Services or related services or software; (ix) copy, resell, lease, transfer or exchange any Rapid Media Network Services; (x) use any automatic method to avoid inactivity disconnect; or (xi) use the Network Services for commercial purposes, such as the distribution or publishing of advertising for goods and services, solicitations for funds, chain letters, or other commercial messages.

 (b)       Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom, within an email, or any other publicly available section of the Rapid Media Network Services, and all articles and responses to questions, other than such content provided by Rapid Media Network, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Rapid Media Network. You acknowledge that, by using the Network Services, you may be exposed to content that is offensive, indecent or unlawful, and agree that Rapid Media Network will in no way be liable for such content.

 (c)        You agree to not create a hyperlink to the Rapid Media web site that uses any Rapid Media logo or other trademark or indication of Rapid Media's consent or affiliation with you unless and until Rapid Media has provide you with our prior written consent.

 (d)       Rapid Media Network reserves the right, but does not assume any responsibility, to remove from the Network Services any material posted by you on the Network Services which Rapid Media Network, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Rapid Media Network has been notified, or has reason to believe, may constitute a copyright infringement.  However, Rapid Media Network does not review material prior to transmission on the Network Services and cannot ensure prompt action with respect to objectionable material after it is transmitted on the Network Services.  Accordingly, Rapid Media Network assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties.

 (e)       Your failure to comply with the provisions of (a), (b), or (c) above may result in the termination of your right to use and subscribe to the Network Services without refund, and may expose you to civil and/or criminal liability.

 

Disclaimer of Liability Related to Third Party Links, Services and Products

Hypertext links to other websites are provided for convenience only. Rapid Media Network assumes no responsibility, makes no representations regarding and is not liable for (a) the content, truthfulness, accuracy, completeness, usefulness or legality of any listings, advertisements, information, products or services included on the Rapid Media Network site or any site to which the Rapid Media Network site is linked; (b) monitoring any information residing on or transmitted to or from the Network Services; (c) determining whether or not persons who advertise on the Rapid Media Network site or any linked site are properly licensed for their advertised profession or trade; (d) the use by any advertisers of any trademarks, copyrights or other rights of third parties; or (e) any viruses, worms, cancelbots, trojan horses or other harmful components or defects that may be found at the Rapid Media Network site, on the RapidMedia Browser or any linked site.

 Rapid Media Network does not represent, warrant, endorse or guarantee any advertised products or services, and the identification or listing of products, services, links or other information on the Rapid Media Network site, the RapidMedia Browser or any linked site does not constitute or imply any sponsorship, affiliation or recommendation by Rapid Media Network.  You assume all responsibility and risk associated with the use of the Network Services and the Internet generally. 

 Specifically, but not as a limitation, you understand and agree that if you elect to purchase products or services that are made available through the Network Services, you will be sent via a link to the Network Services of the merchant, advertiser, or other information or service provider ("Merchant") which is offering such product or service.  Rapid Media Network is not a party to any transaction between you and any Merchant or any other party, and is not responsible for any products or services you may elect to purchase or use.  All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance, and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant.  Rapid Media Network is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a merchant.  NEITHER RAPID MEDIA NETWORK NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES OVER THE RAPID MEDIA NETWORK, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COMPATIBILITY.

  

Warranty Disclaimer

THE NETWORK SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. RAPID MEDIA NETWORK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  UNDER NO CIRCUMSTANCE WILL RAPIDMEDIA NETWORK REFUND PAYMENT FOR ITS PRODUCTS OR NETWORK SERVICES.  Specifically, but without limiting the foregoing, Rapid Media Network does not warrant or represent the quality or availability of the Network Services, the continued existence or availability of the Network Services, any connection times and/or connection speeds related to the use of Network Services, that the Network Services or the information provided on the Rapid Media web site will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Network Services, the Rapid Media web site or the server that makes it available are free of viruses or other harmful components; that the site will properly process all dates or date-related data, or that the Rapid Media Network site will otherwise meet your needs or expectations.

 

No Warranties. 

NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RAPIDMEDIA NETWORK AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE. 

 

Limit of Liability

In no event will Rapid Media Network or its contractors be liable for any damages of any kind under any legal theory, arising out of or in connection with your use of, or inability to use, the Network Services or any linked site, including any actual, direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in Network Services or the content transmitted on the Network Services, whether or not there is negligence by Rapid Media Network and whether or not Rapid Media Network has been advised of the possibility of any such damages.  In the event any court of competent jurisdiction does not allow a limitation on liability for negligence that causes personal injury or otherwise, Rapid Media Network's sole liability shall be limited to the extent permitted by such applicable law.

 SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES, AND MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify and hold harmless Rapid Media Network, its affiliates, agents, third-party information providers, merchants, licensors and others involved in the delivery of the Network Services or the delivery of products, services or information over the Network Services, and their respective officers, employees and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you of this Agreement, any content or other material submitted by you to the Network Services or otherwise arising out of your use of the Network Services.

 

Copyright Restrictions/Use of Content

The materials hosted on the Network Services are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized to use the content on the Network Services for personal use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Services without the prior written consent of Rapid Media Network, except as follows.  You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes, and you may print a reasonable number of pages of the Network Services for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials.  Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Rapid Media Network or the applicable owner of such content.

 

Trademarks

The term "Rapid Media Network" is a trademark, and the "Rapid Media Network" logo and all related product and service names, designs, and slogans are the trademarks or service marks of Rapid Media Network, Inc. All other product and service marks on this site are the trademarks of their respective owners.

  

Upgrades & Termination

RapidMedia Network may periodically upgrade its product and service.  RapidMedia Nework reserves the right to charge for such upgrades, and reserves the right to discontinue previous versions of its products and network services.  No notice shall be required from RapidMedia Network for termination of product support and network services. 

 RapidMedia Network's right to terminate or modify services

RapidMedia Network may modify the terms of this Agreement or the Network Services, including but not limited to the price, content or nature of the Network Services, without notice to you.  In the event RapidMedia Network modifies the Agreement or the Network Services, you may terminate the Network Services.   Upon any termination of this Agreement (whether by you or RapidMedia Network), you shall immediately discontinue use of the Network Services and you will not receive a refund.

 

Comments and Submissions

Rapid Media Network welcomes your comments.  All comments, suggestions or other information sent by you to this site (other than postings to publicly available portions of this site such as message boards or chat rooms) for internal use by Rapid Media Network or its advertisers or business partners or in response to solicitations on this site, will become Rapid Media Network's property, you agree that all intellectual property rights therein are transferred to Rapid Media Network. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Rapid Media Network, have full responsibility for such content, including its legality, reliability, and/or appropriateness.  By uploading or otherwise transmitting material to any area of the Rapid Media Network Services, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the Rapid Media Network Services.

 

E-Mail Notification

To let you know what new Content and Network Services are available from time to time, RapidMedia Network will send you e-mails describing the latest Content and how to get access to the Content.  You agree that as a Service subscriber, RapidMedia Network may send you such e-mail to the address you provide.  Because this e-mail is necessary for you to receive the Network Services, you will receive this e-mail even if you have opted out of receiving other e-mail from RapidMedia Network.  If you do not want to receive this e-mail, you may cancel the Network Services without refund at any time as provided in this Agreement.

  

Compliance

The Network Services are operated from a location in the State of Illinois, USA. Rapid Media Network makes no representation that the Network Services are appropriate or available for use in other locations. If you access the Network Services from other locations, you are responsible for complying with local laws.

 

Contact

Please contact us at comments@rapidmedianetwork.com if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on the Rapid Media Network Services infringes the copyright of a third party.

 

Miscellaneous

These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles.  These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Rapid Media Network with respect to the Network Services, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.  Notwithstanding the foregoing, you understand that any terms related to other aspects of the services, promotions, offers and opportunities made available to you hereunder, including without limitation any opportunity to win prizes, sweepstakes offers, or the like will be governed by any additional rules and regulations relating specifically to such opportunity that Rapid Media may provide at some time in the future. 

 Any cause of action you may have with respect to the Network Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the Network Services shall be in the state or federal courts located in Cook County, Illinois.  You agree to submit to the jurisdiction of such courts.

 If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.

 Rapid Media Network's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Rapid Media Network nor any trade practices shall be deemed to modify these Terms and Conditions.

 

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.

THE NETWORK SERVICES AND ANY CONTENT ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPIDMEDIA NETWORK FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OF THE NETWORK SERVICES OR CONTENT REMAINS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAPIDMEDIA NETWORK OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE NETWORK SERVICES, OR THE CONTENT EVEN IF RAPIDMEDIA NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RAPIDMEDIA NETWORK RELATED TO THIS AGREEMENT OR THE NETWORK SERVICES/CONTENT SHALL BE CANCELLATION OF NETWORK SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $20.00 OR THE AMOUNT YOU PAID.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  RAPIDMEDIA NETWORK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH RAPIDMEDIA NETWORK.

 INDEMNIFICATION. 

This Network Services are intended for use only with properly licensed media, content, and content creation tools.  It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content.  You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances.  You agree to hold harmless, indemnify and defend RapidMedia Network, its officers, directors and employees, from and against any losses, damages, fines and expenses arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by RapidMedia Network) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement.  If you are importing the Software from the United States, you shall indemnify and hold RapidMedia Network harmless from and against any import and export duties or other claims arising from such importation.