RushmoreDrive Terms of Service
PLEASE READ THE TERMS OF USE BELOW. THESE TERMS OF USE (AS REVISED AND POSTED ON
THE SITE FROM TIME TO TIME, THIS “AGREEMENT”), STATE THE TERMS AND CONDITIONS UNDER
WHICH “BWE” (AS DEFINED BELOW) PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING
WEB SITE: RUSHMOREDRIVE (THE "SITE"). ALL SERVICES PROVIDED BY BWE ON THE SITE ARE
COLLECTIVELY REFERRED TO AS "RUSHMOREDRIVE SERVICES". BY ACCESSING, BROWSING AND/OR
USING THE SITE AND/OR RUSHMOREDRIVE SERVICES POSTED ON THE SITE, YOU ARE DEEMED
TO ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR THE
SITE OR ANY RUSHMOREDRIVE SERVICES.
Ownership of the Site and Protection of Our Intellectual Property Rights
The content of the Site is intended for the personal, noncommercial use of our users.
The Site is a website of Black Web Enterprises Inc. ("BWE"). All right, title and
interest to the content displayed on the Site, including but not limited to the
Site's look and feel, data, information, text, graphics, images, sound or video
materials, photographs, designs, trademarks, service marks, trade names, URLs and
content provided by third parties, are the property of BWE, or the respective third
parties, and are protected by copyright, trademark, patent or other proprietary
rights and laws.
Except as expressly authorized by BWE, you agree not to copy, modify, rent, lease,
loan, sell, assign, distribute, perform, display, license, reverse engineer or create
derivative works based on the Site or any content (including without limitation
any software) available through the Site.
Changes To This Agreement
BWE may make changes to this Agreement from time to time in its sole discretion.
Each time changes are made to this Agreement, a revised Agreement will be posted
on the home page. Your continued use of any of the Site following the posting of
changes constitutes your acceptance of any such changes. You can review the most
current version of this Agreement here. Please check this page from time to time
for current terms of use.
Our Privacy Policy
The information that we obtain through your use of any portion of the Site, whether
through the registration process or otherwise, is subject to the privacy policy
posted on the Site ("Privacy Policy"). The BWE privacy policy is
here. The Privacy Policy contains terms and conditions that govern our collection
and use of the information you provide to us, including our respective rights relative
to that information. Please review the Privacy Policy before you use the Site. If
you are unwilling to accept the terms and conditions of the Privacy Policy, please
do not use the Site.
Other Policies
Your use of the Sites is also subject to the other policies, disclaimers and guidelines
we post on the Site from time to time.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited
license to view, reproduce, print, cache, store and distribute content retrieved
from the Site via a generally available consumer web browser, provided that you
do not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the RushmoreDrive Services or remove or obscure the copyright notice
or other notices displayed on the content. You may not reproduce, print, cache,
store or distribute content retrieved from the Site in any way, for any commercial
use without the prior written permission of BWE or the copyright holder identified
in the relevant copyright notice.
You agree not to modify the RushmoreDrive Services in any manner or form, or to
use modified versions of the RushmoreDrive Services, including (without limitation)
for the purpose of obtaining unauthorized access to the RushmoreDrive Services or
portions of the RushmoreDrive Services. You agree not to access the RushmoreDrive
Services by any means other than through the interface that is provided by BWE for
use in accessing the RushmoreDrive Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement
or on the Site shall be construed as conferring any other license or right, expressly,
by implication, by estoppel or otherwise, with respect to any of BWE's content or
under any third party's content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Site via email through our Services, you
agree that you will only forward such content to willing recipients known to you
and that you will not use the RushmoreDrive Services for engaging in spam or other
unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to the Site without express permission
in advance from BWE. Note that "sending automated queries" includes, among other
things:
- using any software which sends queries to the Site to determine how a website or
webpage "ranks" for various queries;
- "meta-searching"; and
- performing "offline" searches on any BWE web site
Posting Material on the Site
Certain portions of the Site may allow users to post or upload information, data,
text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge
and agree that Postings and any and all liability arising from Postings are the
sole responsibility of the user who posted the content ("Poster"), and not BWE.
BWE does not control the Postings and does not guarantee the accuracy, integrity
or quality of any Postings.
You understand that by using the RushmoreDrive Services, you may be exposed to Postings
that are offensive, indecent or objectionable. Under no circumstances will BWE be
liable in any way for any Postings, including, but not limited to, for any errors,
omissions or misrepresentations in any Postings, or for any injury, loss or damage
of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on the Site, please do not do so unless you understand
that your Postings will be available publicly. You should not assume that you are
anonymous online and cannot be identified by your Postings. You agree that all of
your Postings will comply with the requirements of this Agreement.
You agree not to use the Site to:
- Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including a BWE agent, enthusiast, or moderator),
or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of solicitation except in
areas that are expressly designated by BWE for such purpose;
- Disseminate or transmit any content that infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right, including, but not limited
to, using third party copyrighted materials, without appropriate permission, using
third party trademarks without appropriate permission or attribution, or using or
distributing third party information (whether or not protected as a trade secret)
in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive
files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not
intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Posting;
- Post any content that you do not have a right to under any law or under contractual
or fiduciary relationship (which includes inside information, proprietary or confidential
information learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- Interfere with or disrupt the RushmoreDrive Services, the Site, or servers or networks
connected to the Site, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others,
including but not limited to, collecting and distributing information about Internet
users without their permission, except as permitted by applicable law; or
- Post 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.
You acknowledge that BWE does not pre-screen Postings, but that BWE has the right,
but not the obligation, to refuse to make available, to modify or to remove any
Postings or portions of Postings in its sole discretion and at any time without
notice to the poster, regardless of whether those Postings violate the terms of
this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance
on the accuracy, completeness, or usefulness of the Posting. You agree that if you
rely on any Posting submitted to BWE, it is solely at your own risk.
If you choose to provide any Postings on the Site, you agree that BWE may copy,
distribute, display, publish, modify or translate such Postings for any purpose
and in any medium worldwide (including incorporating the Postings into BWE answer
databases or any other BWE property, product or service) without any obligation
to compensate you or any other third party in any way for any such use. BWE may
grant other parties these same rights as to the Postings.
Site with Registration
The Site may enable users to register to obtain certain RushmoreDrive Services.
Registration is initially available to anyone of requisite age and citizenship and
is limited to one registration per user. By registering for these services, you
agree to: (a) provide true, accurate, current and complete information about yourself
as requested by the BWE registration form (the "Registration Information") and (b)
maintain and update the Registration Information to keep it true, accurate, current
and complete. In addition to other grounds for suspension or termination of your
use of the RushmoreDrive Services, if you provide any information that is untrue,
inaccurate, not current or incomplete, or BWE has reasonable grounds to suspect
that information you have provided is untrue, inaccurate, not current or incomplete,
BWE has the right to suspend or terminate your access and refuse you any and all
use of the Site.
Passwords and Security
Access to certain RushmoreDrive Services require you to choose a user name (or nickname)
and password. If you do so, you are responsible for maintaining the confidentiality
of your password and account and for logging out of your account at the end of each
session. In selecting a user name, you agree that you will not (i) select or use
a screen name of another person with the intent to impersonate that person; (ii)
use a name subject to the rights of any person without their authorization; or (iii)
use a screen name that is offensive to people of ordinary sensitivities, illegal,
or infringing. You are fully responsible for all activities that occur under your
password or account. You agree (a) to notify BWE immediately of any unauthorized
use of your password or account or any other breach of security, and (b) to ensure
that you exit from your account at the end of each session. BWE cannot and will
not be liable for any loss or damage arising from your failure to comply with this
section.
Links to Other Web Sites
A central part of the RushmoreDrive Services includes links to other World Wide
Web sites or resources. Because BWE has no control over such sites and resources,
you acknowledge and agree that BWE 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 on or available from
such sites or resources. You further acknowledge and agree that BWE shall not be
responsible or liable, directly or indirectly, for any damage or loss caused by
or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource. Finally, you acknowledge that
such external sites usually have their own terms and conditions, including privacy
policies, over which BWE has no control and which will govern your rights and obligations
with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Except as otherwise expressly agreed by BWE, your dealings with advertisers and
third party vendors found on or through the RushmoreDrive Services, including your
participation in promotions, the purchase of goods, and any terms, conditions, warranties
or representations associated with such activities, are solely between the third
party and you. BWE does not make any representations or warranties of any kind with
respect to any content, goods, services, information, other materials or web sites
that may be obtained from such third parties, and you agree that BWE will have no
liability for any loss or damage of any kind incurred as a result of any activities
you undertake in connection with the use of or reliance on such content, goods,
services, information, other materials or web sites available, or through such third
parties, on the Site. You acknowledge that such external sites usually have their
own terms and conditions, including privacy policies, over which BWE has no control
and which will govern your rights and obligations with respect to the use of those
Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site, including,
without limitation, all applicable laws (as well as associated licenses and approvals)
regarding the transmission of technical data exported from the United States or
the country in which you reside.
Modifications To RushmoreDrive Services
BWE reserves the right at any time and from time to time to modify, suspend, discontinue
or terminate the RushmoreDrive Services (or any part thereof) with or without notice
for any reason. You agree that BWE will not be liable to you or to any third party
for any modification, suspension, discontinuation or termination of the RushmoreDrive
Services.
Termination of Your Access to RushmoreDrive Services
You agree that BWE, in its sole discretion, may terminate your access to any of
the RushmoreDrive Services, and/or remove, discard or modify any Postings or content
within the RushmoreDrive Services, for any reason, including, without limitation,
for lack of use or if BWE believes that you have violated or acted inconsistently
with the letter or spirit of this Agreement. You agree that any termination of your
access to the RushmoreDrive Services may be effected without prior notice, and acknowledge
and agree that BWE may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or the RushmoreDrive Services. If you use the Site in violation of this Agreement,
BWE may, in its sole discretion, retain all data collected from your use of the
Site. Further, you agree that BWE shall not be liable to you or any third party
for the discontinuation or termination of your access to the RushmoreDrive Services,
or collection of information notwithstanding in the case of your violation of this
Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING RUSHMOREDRIVE SERVICES YOU UNDERSTAND AND AGREE THAT:
- NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL,
FINANCIAL, LEGAL OR OTHERWISE. BWE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION,
SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES
RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE
INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF THE RUSHMOREDRIVE SERVICES IS AT YOUR SOLE RISK. THE RUSHMOREDRIVE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BWE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON- INFRINGEMENT.
- BWE MAKES NO REPRESENTATION OR WARRANTY THAT RUSHMOREDRIVE SERVICES WILL MEET YOUR
REQUIREMENTS, THAT THE RUSHMOREDRIVE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT
OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RUSHMOREDRIVE
SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY
POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH
RUSHMOREDRIVE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF RUSHMOREDRIVE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER
SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE
OR THROUGH OR FROM THE RUSHMOREDRIVE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THEIR TERMS.
- YOUR USE OF THE RUSHMOREDRIVE SERVICES IS ALSO SUBJECT TO THE PICTURE SEARCH DISCLAIMERS
HERE
AND THE FINANCIAL DISCLAIMERS
HERE.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT BWE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY
LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT
OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY),
OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, RUSHMOREDRIVE
SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES,
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR
POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR RUSHMOREDRIVE
SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN
NO EVENT WILL BWE'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of BWE
You agree to defend, indemnify and hold BWE, its subsidiaries and affiliates, and
its and their officers, directors, employees and agents harmless from and against
any and all liability, losses, claims, demands, disputes, damages or costs of any
kind, including, without limitation, reasonable attorneys' fees and costs of litigation,
resulting from or in any way connected with (a) Postings or other content you submit
or that is submitted from your account, (b) your use of or reliance on RushmoreDrive
Services, (c) your connection to the Site, (d) your violation of this Agreement,
or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices posted
here.
No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire
agreement between you and BWE for governing your use of the Site and Services and
supersedes any prior agreements between you and BWE for that purpose, including
any membership agreements or other similar agreements applying to the Site or RushmoreDrive
Services.
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between BWE and you (including,
without limitation, any dispute between BWE and you arising out of or related to
this Agreement) shall be governed by and construed under and in accordance with
the internal laws of the State of New York without reference to its principles of
conflicts of laws. Any such dispute will be heard and determined at BWE’s discretion
in the appropriate federal court located in the State of New York in the County
of New York or the appropriate New York state court located in the County of New
York, and you submit yourself and your property to the non-exclusive jurisdiction
of the foregoing courts with respect to such disputes. You acknowledge that IAC/InterActiveCorp,
BWE’s parent company, is headquartered in New York City and for that and other reasons
this Agreement and the undertakings of the parties hereunder bear a reasonable relation
to the State of New York. You (i) waive to the fullest extent permitted by law any
objection which you may now or hereafter have to the courts referred to above on
the grounds of inconvenient forum or otherwise as regards any dispute between BWE
and you arising out of or related to this Agreement, (ii) waive to the fullest extent
permitted by law any objection which you may now or hereafter have to the laying
of venue in the courts referred to above as regards any dispute between BWE and
you arising out of or related to this Agreement and (iii) agree that a judgment
or order of any court referred to above in connection with any dispute between BWE
and you arising out of or related to this Agreement is conclusive and binding on
you and may be enforced against you in the courts of any other jurisdiction
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority
to be invalid, you agree that every attempt shall be made to give effect to the
parties' intentions as reflected in that provision, and the remaining provisions
contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against BWE
You agree that any claim or cause of action arising out of your use of the Site
or this Agreement must be filed within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute of limitations
or other law to the contrary. Within this period, any failure by BWE to enforce
or exercise any provision of this Agreement or related right shall not constitute
a waiver of that right or provision.
Contact Information
If you have any questions or concerns with respect to this Agreement or the Site,
you may contact a representative of BWE at
privacy@rushmoredrive.com or by mail at:
Black Web Enterprises Inc. 11215 Rushmore Drive Charlotte, NC 28277 Attention: Legal
Department
Effective date: April 10, 2008