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
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.
5. Licensing Options for Content
When you begin a Roadtrip project on the RTN.ORG Website, you may be required to choose a Creative Commons licensing model for all Content that you publish, upload, display or transmit on the RTN.ORG Website during the course of that project. 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. If you do not specify a licensing option through the choices provided, then your Content will be licensed under the Creative Commons "All Rights Reserved" license.
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.
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.
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;
- 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.
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
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.
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