Terms of
service

Last Revised 2/7/2018


TERMS OF SERVICE

This website, including all of its features, content, and services (this "Website") is a service made available by Rivur, Inc. ("Rivur"). You may access and utilize this Website only under the following terms and conditions ("Terms of Service"). These Terms of Service apply to all users of this Website. By using this Website you signify your acceptance of these Terms of Service and Rivur's Privacy Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using this Website.

WEBSITE LIMITED LICENSE As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website in accordance with these Terms of Service. Rivur may terminate this license at any time for any reason.

LIMITATIONS ON AND SCOPE OF USE Any unauthorized use of this Website is prohibited. You may not use this Website to: Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website. Manually extract, decompile, reverse engineer, disassemble or create derivative works from this Website. Determine the site architecture or extract data or information about usage, individual identities of other users of this Website via use of any network monitoring or discovery software or otherwise. Monitor, copy, scan, review, index, mirror, ping or validate this Website via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited). Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code. Transmit any false, misleading, fraudulent or illegal communications, information or data. Phish, spoof, commit illegal or fraudulent activity or violate laws in your jurisdiction. Access unauthorized information. Solicit information from minors or harm or threaten to harm minors. Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or engage in any other threatening behavior. Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not. Export or re-export this Website or any portion thereof in violation of the export control laws and regulations of the United States of America.

INTELLECTUAL PROPERTY RIGHTS Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Rivur, the Rivur logo, and all other Rivur trademarks, service marks, product names, and trade names of Rivur appearing on or in conjunction with this Website are owned by Rivur. Rivur does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Website without Rivur's prior written consent.

LINKING TO THIS WEBSITE You may provide links to this Website, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on this Website and (ii) you discontinue providing links to this Website if requested by Rivur.

LICENSE OF YOUR CONTENT TO RIVUR By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) Rivur a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against Rivur for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to Rivur.

COPYRIGHT NOTICES & COMPLAINTS It is Rivur's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Rivur may terminate any user's access to the Website if Rivur determines that user is a "repeat infringer."

RELATIONSHIP OF RIVUR AND YOU You are an independent third party to this Website, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and Rivur.

NO SOLICITATION You shall not distribute on or through this Website any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.

REGISTRATION Certain sections of this Website may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Rivur of any changes to that information. You understand that by registering with this Website, you may receive regular updates regarding new or existing Rivur applications. You may request to unsubscribe by following the directions in such updates and Rivur will permanently remove you from Rivur's registered list of subscribers.

POSTINGS IN INTERACTIVE AREAS If you participate in interactive areas on this Website, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. Rivur may delete your postings at any time for any reason without notification of or permission from you, however, Rivur has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But Rivur does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.

NO EXPECTATION OF PRIVACY RIVUR MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on this Website is a public and not private communication. Others may read and view your communications without your knowledge. Rivur does not control or endorse the content, messages or information posted by other third party users on this Website. Rivur will not be liable for the privacy of any of your or any other third party postings to this Website and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see Rivur's complete Privacy Policy, incorporated into these Terms of Service by reference.

ERRORS AND CORRECTIONS Rivur does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Rivur does not warrant or represent that postings or information available on or through this Website will be correct, accurate, timely, or otherwise reliable. Rivur may make improvements and/or changes to its features or functionality at any time.

THIRD PARTY CONTENT AND LINKS Third party content may appear on this Website or may be accessible via links from this Website. Rivur will not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Rivur. Further, information and opinions provided by employees and agents of Rivur in interactive areas on this Website are not necessarily endorsed by Rivur and do not necessarily represent the beliefs and opinions of Rivur. Rivur, or other third party users of this Website, may provide links to other websites or resources. Rivur has no control over such sites and resources. You acknowledge and agree that Rivur is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You acknowledge that use of any third party website is governed by the terms of service and privacy policy for that website and not by these Terms of Service or Rivur's Privacy Policy. You further acknowledge and agree that Rivur 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 use of or reliance on any such content, goods or services available on or through any third party site or resource. Rivur reserves the right to disable any link or remove any third party content at any time in its sole discretion.

DISCLAIMER THIS WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. RIVUR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rivur DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE (E) YOUR USE OF THIS WEBSITE AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.

LIMITATION OF LIABILITY RIVUR SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. RIVUR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS.

INDEMNIFICATION You agree to indemnify, defend and hold Rivur, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.

GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of the state or federal courts in the Fulton County, Georgia.

PRIVACY Your use of this Website is subject to these Terms of Service and Rivur's Privacy Policy.

SEVERABILITY OF PROVISIONS These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Policy, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

MODIFICATIONS TO TERMS OF SERVICE Rivur may, in its sole discretion, modify or revise these Terms of Service, including without limitation Rivur's Privacy Policy, at any time by posting the amended terms on this Website. Rivur additionally will notify you via the email address you have associated with your account if you have registered with this Website, so you must ensure that Rivur's email is not filtered from your Inbox by your ISP or email software. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT Rivur takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. ยง 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work you believe have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  3. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material;
  4. Adequate information to allow us to contact you (including your name, postal address, telephone number, and, if available, email address);
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the written notice is accurate;
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
  8. DMCA Notices may be sent to our designated Copyright Agent provided below. Copyright Agent Rivur, Inc. XXX Wyngate DR Atlanta GA 30342 [email protected]

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS In appropriate circumstances, Rivur will disable and/or terminate the accounts of users who are repeat infringers.