RTN Experience :: Terms of Use

RoadtripNation.org Terms of Use

1. Acceptance
By visiting and using the RoadtripNation.org, Ltd. (“RTN.ORG”) website (including all content, information and functionality available through the roadtripnation.org domain name, herein after referred to as “RTN.ORG Website” or “Website”), you agree to be bound by the following terms and conditions of use (“Terms of Use”) and the RTN.ORG privacy policy (“Privacy Policy”), available at http://www.roadtripnation.org/privacy.php and incorporated herein by reference. These Terms of Use and the Privacy Policy apply to your participation in the Roadtrip Nation Experience and use of the RTN.ORG Website. Please do not visit or use the RTN.ORG Website if you do not agree to be bound by both RTN.ORG’s Terms of Use and RTN.ORG’s Privacy Policy.

RTN.ORG reserves the right to modify or revise its Terms of Use and/or Privacy Policy, in its sole discretion, at any time. By visiting and using the RTN.ORG Website, you agree to be bound by any and all subsequent modifications or revisions. RTN.ORG will attempt to notify RTN.ORG Website users whenever it modifies or revises the RTN.ORG Website; however, RTN.ORG recommends that RTN.ORG Website users review the most up-to-date version of the Terms of Use and Privacy Policy periodically at http://www.roadtripnation.org/privacy.php.

2. Eligibility
You warrant and represent that you are either 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and are capable of entering into the terms, conditions, obligations, affirmations, representations and warranties as set forth in the Terms of Use and Privacy Policy. If you are not 18 years of age or older, you warrant and represent that you are 13 years of age or older. The RTN.ORG Website is not intended for use by persons under the age of 13. Please do not use the RTN.ORG Website if you are under 13 years of age.

3. Proprietary Rights; Limited License
You acknowledge and agree that RTN.ORG owns and retains all propriety rights in the Website. The RTN.ORG Website contains copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code and compilations of individual data), trademarks and other proprietary information (collectively, “Proprietary Information”). You warrant and represent that you will not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any Proprietary Information (including but not limited to any downloaded Proprietary Information), excluding information that is in the public domain or has been licensed by you to RTN.ORG. Additionally, you further represent and warrant that you will not endeavor to ascertain any source code used in connection with the RTN.ORG Website.

Based on your visit to and use of the RTN.ORG Website, RTN.ORG grants you a limited, non-transferable, revocable and non-exclusive license to reproduce and display the interface of the RTN.ORG Website and any user content posted therein, with the exception of any source code, solely for your personal use in connection with the RTN.ORG Website (that is, on your User Profile and/or Roadtrip Profile pages). RTN.ORG reserves the right to revoke this limited license at its sole discretion at any time, with or without notice, and with or without cause. Certain third-party content providers may own the copyright to their original content, and in such circumstances, the same prohibitions herein shall apply thereto. Where RTN.ORG has given you permission to copy, redistribute, publish or otherwise exploit any Proprietary Information, you warrant and represent that you will not change and/or delete author attribution, trademark legend or copyright notice. You further acknowledge and agree that by downloading material from the RTN.ORG Website, you do not acquire any ownership interest in any Proprietary Information.

4. User Contributed Content
You acknowledge and agree that you alone are responsible for any and all text, graphics, videos, images, music, sounds, and any other content that you publish, upload, display or transmit on or through the RTN.ORG Website (collectively “Content”). You shall not publish, upload, display or transmit any Content that you did not create and that you do not have permission to publish, upload, display or transmit. You acknowledge and agree that RTN.ORG, in its sole discretion, may, but is not otherwise obligated to, review the Content posted on the RTN.ORG Website, and may delete or remove any Content, for any reason, specifically including (but not limited to) where RTN.ORG determines (in its sole and exclusive opinion) that the Content violates the Terms of Use or the Content might be offensive, illegal, or may violate the rights, harm or threaten the safety of others. You alone are responsible for creating back up copies of any Content that you post on the RTN.ORG Website or otherwise provide to RTN.ORG.

By publishing, uploading, displaying or transmitting Content to the RTN.ORG Website, you permit and direct RTN.ORG to create such copies of your Content as may be deemed necessary in order to facilitate the posting and storage of Content to the RTN.ORG Website. By publishing, uploading, displaying or transmitting Content to the RTN.ORG Website, you grant, and warrant and represent that you are capable of granting, to RTN.ORG an unlimited, transferable, irrevocable, fully paid and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit for any purpose, commercial, advertising or otherwise, any Content posted by you on the RTN.ORG Website. You may remove any Content posted by you on the RTN.ORG Website at any time. If you remove the Content posted by you on the RTN.ORG Website, the above-granted license will expire immediately; however, you acknowledge and agree that RTN.ORG may preserve any and all archived copies of your Content, and you agree that any previous uses by RTN.ORG prior to your removal (including where incorporated into other works and materials) shall remain fully permissible, as set forth hereunder.

RTN.ORG does not claim any ownership rights in your Content; you preserve full ownership rights over any and all Content posted by you on the RTN.ORG Website and any intellectual property rights or any other proprietary interests associated with your Content, subject to any and all rights granted to RTN.ORG pursuant to the Terms of Use.

5. Licensing Options for Content
When you register for an account on the RTN.ORG Website, you will be required to choose a Creative Commons licensing model for all Content that you publish, upload, display or transmit on the RTN.ORG Website. By publishing, uploading, displaying or transmitting Content to the RTN.ORG Website, you permit other users of the RTN.ORG Website to access, view, store and reproduce any Content posted by you on the RTN.ORG Website to the extent permitted herein, subject to your restrictions. You may opt to reserve all of your rights in the Content; or you may choose to reserve some of your rights in the Content pursuant to a Creative Commons license as presented in the “Private Details” section of the “My Account” page on the RTN.ORG Website.

Your selected licensing model will establish the rights which govern the use of the Content that you publish, upload, display or transmit on your User profile page by the public at large. You may change your selected Creative Commons licensing model at any time. Please be advised that you cannot revoke any license that you have provided to individuals who have used your Content in reliance on the license that you previously granted. Therefore, any modifications that you make to your license will be prospective and not retroactive.

When you publish, upload, display or transmit Content to a Roadtrip Profile that you share with other Users, please note that a more restrictive Creative Commons license may apply to your Content. Specifically, the Creative Commons license that applies to the Content that you publish, upload, display or transmit on your Roadtrip Profile page will be the most restrictive license selected by any other User with whom you share that Roadtrip Profile. For example, you may license your Content under a Creative Commons Attribution 3.0 License; however, an individual with whom you share a Roadtrip Profile may license their Content under the more restrictive Creative Commons Attribution Noncommercial 3.0 License. In this case, the more restrictive Creative Commons Attribution Noncommercial 3.0 License will apply to all Content posted by you and the other Users on your shared Roadtrip Profile.

6. Authorization and Release for Content
During your participation in the Roadtrip Nation Experience, you may be required to publish, upload, display or transmit Content that contains audio (sound) and/or video (picture) recordings (“Recording” or “Recordings”) of other individuals. You acknowledge and agree that you alone are responsible for obtaining and maintaining a written authorization and release (“Personal Release”) with respect to each and every individual who appears or participates in any Recording. RTN.ORG is in no way responsible for obtaining and/or maintaining the Personal Release of any individual who appears or participates in any Recording created by you. You further acknowledge and agree that you will not publish, upload, display or transmit any Content that contains a Recording of any individual from whom you have not obtained a Personal Release. RTN.ORG reserves the right to require you to submit a copy of an executed Personal Release for any person(s) appearing in any Recordings published, uploaded, displayed or transmitted by you, and/or to remove any Content from the RTN.ORG Website that contains a Recording of any individual from whom you have not obtained a Personal Release. You acknowledge and agree that you are solely responsible for any future use of any Content that contains a Recording of any individual from whom you have not obtained a Personal Release.

7. User Code of Conduct
You acknowledge and agree that the RTN.ORG Website is made available to you for your personal and non-commercial use only. You warrant and represent that the Content submitted, posted, transmitted or shared by you on or through the RTN.ORG Website shall not include any libelous, defamatory or otherwise unlawful material; or violate or infringe upon the rights of any third-party, including but not limited to any and all copyright, trademark, privacy, publicity or other personal or proprietary rights.

Additionally, you warrant and represent that you will not visit or use the RTN.ORG Website to:

publish, upload, display, transmit or otherwise make available any Content that RTN.ORG deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
engage in any unlawful conduct or to act in any other manner that could damage, disable, overburden or impair the Website
use automated scripts to collect information from or otherwise interact with the RTN.ORG Website
register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
publish, upload, display, transmit or otherwise make publicly available on the RTN.ORG Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
publish, upload, display, transmit or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
obtain email addresses or other contact information of other any individual from the RTN.ORG Website for the purposes of sending unsolicited commercial emails or other unsolicited commercial communications
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes
publish, upload, display, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation
publish, upload, display or transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
intimidate or harass any individual
use or attempt to use another's account, service or system without authorization from RTN.ORG, or create a false identity on the RTN.ORG Website; or
publish, upload, display or transmit or otherwise make available Content that, in the sole judgment of RTN.ORG, is objectionable, or which restricts or inhibits any other person from using or enjoying the RTN.ORG Website, or which may expose RTN.ORG or its users to any harm or liability of any type.
publish, upload, display or transmit or otherwise make available Content that, in the sole judgment of RTN.ORG, is objectionable, or which restricts or inhibits any other person from using or enjoying the RTN.ORG Website, or which may expose RTN.ORG or its users to any harm or liability of any type.

8. Hyperlinks to the RTN.ORG Website
RTN.ORG grants you a limited, non-transferable, revocable and non-exclusive right to create a hyperlink to the RTN.ORG Website solely for your personal, non-commercial use. If you choose to create a hyperlink to the RTN.ORG Website, you warrant and represent that any website or webpage that contains such a hyperlink will not:

duplicate Content that has been previously published, uploaded, displayed, transmitted or otherwise made available on the RTN.ORG Website
imply that RTN.ORG endorses any website or webpage, its services or products
use automated scripts to collect information from or otherwise interact with the RTN.ORG Website
misrepresent its relationship with RTN.ORG
contain any Content or materials that could be considered harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
portray RTN.ORG in a false, misleading, derogatory or otherwise offensive manner
associate RTN.ORG with any products, services or opinions, without its express, written permission; or
use any trademark without express, written permission of the trademark owner.

9. Hyperlinks from the RTN.ORG Website
The RTN.ORG Website contains hyperlinks to other websites and webpages (“Third-Party Pages”), as well as text, graphics, videos, images, music, sounds and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). RTN.ORG does not investigate, monitor or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness or appropriateness. RTN.ORG is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the RTN.ORG Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the RTN.ORG Website does not indicate RTN.ORG’s approval or endorsement thereof. If you choose to leave the RTN.ORG Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

10. Disclaimers and Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, RTN.ORG, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RTN.ORG, ITS AFFILIATES, OTHER USERS OF THE RTN.ORG WEBSITE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. RTN.ORG FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limitation of Liability
NOTHING IN THE TERMS OF USE SHALL EXCLUDE OR LIMIT RTN.ORG’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RTN.ORG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RTN.ORG, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED OR OTHER INTANGIBLE LOSS; OR
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE;
(II) ANY CHANGES WHICH RTN.ORG MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
(IV) YOUR FAILURE TO PROVIDE RTN.ORG WITH ACCURATE ACCOUNT INFORMATION; OR
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON RTN.ORG’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT RTN.ORG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. Indemnification
You agree to indemnify, defend and hold harmless RTN.ORG, its officers, directors, employees, agents and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses arising from your visit to and use of the RTN.ORG Website; your violation of any of the Terms of Use; your violation of the rights of any third-party, including but not limited to any copyright, property or privacy right; or any allegation that any Content published, uploaded, displayed or transmitted by you in any way caused harm or damage to a third-party. Your obligation to defend and indemnify RTN.ORG survives any expiration of the Terms of Use and your use of the RTN.ORG website.

13. Disputes
You are solely responsible for your interactions with any other individual who visits or uses the RTN.ORG Website. Although not obligated to do so, RTN.ORG reserves the right to monitor disputes between you and any other individual who visits or uses the RTN.ORG Website, and to take any action that it, in its sole discretion, deems necessary, in keeping with the Terms of Use and Privacy Policy, up to and including termination of your and/or any other individual’s access to and use of the RTN.ORG Website.

14. Digital Millennium Copyright Act
Any copyright owner or its agent that believes that any Content or other material on the RTN.ORG Website infringes upon their copyright(s) may give notice, in writing, under the Digital Millennium Copyright Act (“DMCA”) to RTN.ORG’s authorized agent, listed below. The notice to RTN.ORG shall contain the following information:

A physical or electronic signature of the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works at a single online site
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit the RTN.ORG to locate the material
The copyright owner’s contact information, such as an address, telephone number and an electronic mail
A statement that the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual who prepared the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Written submissions of alleged infringements may be sent to RTN.ORG’s designated Copyright Agent, Holly Roberts-Dunn at 760 Newton Way, Costa Mesa, CA 92627, United States. If the notice fails to comply with all of the above-listed requirements, then it may not be considered valid.

15. Other Provisions
You acknowledge and agree that the Terms of Use shall be governed by the laws of the State of California and consent to jurisdiction in California without regard to any conflict of law or choice of law principles with respect to any claim or dispute between you and RTN.ORG. You acknowledge and agree that any claim or dispute between you and RTN.ORG that arises in whole or in part from the RTN.ORG Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. The Terms of Use and Privacy Policy shall constitute the entire agreement between you and RTN.ORG related to use of the RTN.ORG Website. The various provisions of Terms of Use and Privacy Policy are separate and independent, and should any term be declared invalid or unenforceable by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.