TERMS & CONDITIONS
The Rival, LLC Terms and Conditions
Please review the Terms and Conditions before using, or submitting content for publication on The Rival website. You agree to abide by and that you are bound, by these Terms and Conditions by continuing to use or by submitting content for publication on The Rival website. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality, including and without limitation, video or other projects, that supplement or enhance our site shall be subject to these Terms and Conditions. The latest version of these Terms and Conditions can be located at readtherival.com.
Availability of Content or Termination of Use: We reserve the right at any time to modify or discontinue, temporarily or permanently, our site or any part thereof with or without notice. You agree that The Rival shall not be liable to you or any third party for any modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that The Rival, in its sole discretion, believes to be in the interest of our company and of our users as a whole. All provisions of this Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We retain all Rights In Our Site and Content; Certain Rights Granted When You Submit Content: The content on our site including all text, photographs, video, graphics and audio content contained on our site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we retain all rights therein, subject to the rights of our licensors and licensees under applicable agreements. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we have all rights therein, subject to the rights of our licensors and licensees under applicable agreements. You must abide by all additional copyright notices or restrictions contained on our site.
By posting or submitting content on or to our site, regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise, you are giving us, our agents and third party contractors the right to display or publish such content on our site and its affiliated publications, either in the form submitted or in the form of a derivative or adapted work, to store such content, and to distribute such content and use such content for our purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that we may, or may permit users to, based solely on functionality provided and enabled by our website, compile or modify your video submission, either on a stand-alone basis or in combination with other video submissions, and you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same for any period.
You shall be solely responsible for your own submissions and the consequences of publishing or posting them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable person in such submissions to use the name or likeness of each and every such identifiable person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, depicts nudity, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Rival we may authorize such content to be distributed or syndicated to or published on other Rival-branded environments.
Infringement: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please see our DMCA Copyright Policy.
Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties are theirs alone, and not the opinions of The Rival. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, The Rival is not undertaking any obligation or liability relating to the content. The Rival and its affiliates, successors, assigns, employees, agents, directors, officers and members do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. The Rival and its affiliates, successors, assigns, employees, agents, directors, officers and members assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The Rival reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
Warranty Disclaimers: THE SERVICES AND CONTENT ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. THE RIVAL MAKES NO WARRANTY AS TO THE NUMBER OF VIEWERS IN ANY AUDIENCE TO WHICH THE ADVERTISING WILL BE DISPLAYED.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
Indemnification: You shall indemnify and hold harmless The Rival and its affiliates, and their respective members, directors, officers, managers, employees, agents, contractors, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Third Party Services: We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Disclosures: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your information in response thereto.
Limited Liability: The Rival and its affiliates, and their respective members, directors, officers, managers, employees, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions. Any claim against us shall be limited to the amount you paid, if any, for use of our site.
Miscellaneous: The Rival shall not be liable to any Advertiser or its agency for delay or default in the performance of or completion of Services under an advertisement order or these Terms, if caused by conditions beyond its control, including but not limited to, any act of God, governmental authority, or war, terrorist act, riot, labor stoppage or slowdown, fire, flood, earthquake, severe weather, accident, telecommunications or network failures, failure of the Internet, or electrical outages.
These Terms and each advertisement order are the complete and exclusive agreement between the parties with respect to the subject matter and supersede any prior or contemporaneous agreements, negotiations and communications, whether written or oral, between the parties regarding such subject matter.
Governing Law and Jurisdiction: These Terms and Conditions shall be governed by the laws of the United States and the State of Delaware, applicable to agreements made and to be performed therein without regard to conflict of laws principles. The headings for each Section of these Terms and Conditions are for reference only and shall be ignored in the construction or interpretation hereof. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
Entire Agreement and Severability: These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and us with respect to the Services. If any provision of these Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Competition: Advertiser is aware that The Rival will be displaying advertising materials for other advertisers. It is possible or likely that these materials may advertise products or businesses in competition with Advertiser. Advertiser agrees and consents to such competing advertisements.
Nondiscrimination Policy: The Rival does not discriminate in advertising contracts on the basis of race, ethnicity or gender. Any provision in any order or contract for advertising that purports to discriminate on the bases of race, ethnicity, geographic location or gender, even if handwritten, typed or otherwise made a part of a particular contract is hereby rejected.
Content Review: We reserve the right to approve all ads and to reject any advertiser for any reason. The display will be submitted for review no later than 1 day prior to the first date it is to be screened. Advertiser shall be free to provide additional or substitute displays during the term.
Cancellation: One-week (7 day) Advertising contracts cannot be canceled. Cancellation of multiple weeks before expiration of contract will result in a cancellation fee equal to that of the cost of space for one week.
Default Payments: In the event Advertiser fails to pay a monthly installment, the full balance owing for all months shall immediately accelerate and be due and owing. The Rival shall be entitled to suspend advertising display and to proceed to collect the accelerated balance by all lawful means. If The Rival fails to display advertising content in accordance with this contract or if such advertising contains errors and/or omissions, Advertiser’s sole remedy shall be to terminate the contract and recover any unearned, paid amounts, pro-rated to reflect actual units displayed, The Rival shall have no liability whatsoever to the Advertiser for any damages, claims and/or liabilities whatever for its failure to run and/or The Rival ceasing to run any advertising for the Advertiser. Failure to display due to technical difficulties shall not be a default.
Rates: All rates are subject to change. You may guarantee the price of ads by booking and paying in advance.
Assignment: These Terms and Conditions are personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
Notices: Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
No Waiver: Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings: The paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
Last Updated: 12/3/2015