Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by RIAcast, acceptance is expressly limited to these terms.
Our Services are not directed to individuals younger than 13, and access and use of our Services is only offered to users 13 years of age and older. Any person who provides their personal information (or any other information) to RIAcast represents that (s)he is 18 years of age or older.
To the extent you provide any information to RIAcast, you agree that such information is complete and accurate information. You will be solely responsible and liable for any activity that occurs in connection with your use of Services.
- Responsibility of Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also inadvertently contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RIAcast disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RIAcast.com links, and that link to RIAcast.com. RIAcast does not have any control over those non-RIAcast.com websites, and is not responsible for their contents or their use. By linking to a non-RIAcast.com website, RIAcast does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RIAcast disclaims any responsibility for any harm resulting from your use of non-RIAcast.com websites and webpages.
- Copyright Infringement.
As RIAcast asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by RIAcast.com violates your copyright, you are encouraged to notify RIAcast via email at firstname.lastname@example.org. RIAcast will make good faith efforts to respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- Intellectual Property.
This Agreement does not transfer from RIAcast to you any RIAcast or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with RIAcast. RIAcast’s logo, and all other trademarks, service marks, graphics and logos used in connection with RIAcast.com or our Services, are trademarks or registered trademarks of RIAcast or RIAcast’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any RIAcast or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our RIAcast.com website pages, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
RIAcast may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- No Legal Advice/Attorney-Client Relationship.
The information contained on RIAcast.com is not intended to directly and/or indirectly convey or constitute legal advice on any subject matter or intended as advertising or a solicitation. Readers should not rely on the Services made available on any RIAcast webpage for any purpose. The information on RIAcast.com contains general information that is intended, but cannot be guaranteed, to be current, complete and/or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. RIAcast expressly disclaims all liability or responsibility in respect to actions taken or not taken based on any or all of the information contained on RIAcast.com.
You should not consider the information presented on RIAcast.com to be an invitation for and/or in any way constitute directly and/or indirectly an attorney-client relationship, and the transmission of such information is not intended to create, and receipt does not constitute directly and/or indirectly, an attorney-client relationship between you and RIAcast.com, its sponsors, hosts, employees, contractors, affiliates, agents, representatives, principals, owners, or members.
The content of any email sent to RIAcast or anyone associated with RIAcast will not create an attorney-client relationship and will not be treated as confidential. Readers should be aware that communications via the Internet may not be secure.
RIAcast does not endorse, and is not directly and/or indirectly responsible for, any third-party content that may be accessed through RIAcast.com or any of its Services.
- No Investment or Tax Advice.
None of our Services should be deemed investment advice and/or a recommendation regarding any particular security, class of security, or course of action. You agree to not rely on any investment or tax related content contained in or referenced in the Services. RIAcast does not purport to and does not, in any fashion, provide tax, accounting, actuarial, recordkeeping, legal, broker/dealer or related services. You may not rely on the statements contained or referenced in the Services. RIAcast shall not have any liability for any damages of any kind whatsoever relating to these Services. You should consult your advisors with respect to these areas.
- Corrections and Comments.
We encourage you to contact us with corrections, comments, complaints about errors in connection with our Services. Should you have a complaint please contact us at email@example.com.
- Opinions Disclaimer.
All opinions expressed by interviewees are solely their opinions and do not reflect nor should they be construed as the opinions of RIAcast, its affiliates or the entities with which such interviewees are affiliated. Neither RIAcast nor its affiliates with which such interviewees are affiliated, warrant such opinions’ completeness or accuracy, and such opinions should not be relied upon as such. You are strongly advised to consult with your own advisors prior to determining to take any action as a result of any opinion contained in the Services.
- Disclaimer of Warranties.
Our Services are provided “as is.” RIAcast and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RIAcast nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
- Limitation of Liability.
In no event will RIAcast, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RIAcast under this agreement during the twelve (12) month period prior to the cause of action. RIAcast shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.
You agree to indemnify and hold harmless RIAcast, its contractors and its licensors, and their respective directors, officers, employees, representatives, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including, but not limited to, your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between RIAcast and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RIAcast, or by the posting by RIAcast of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of New York, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RIAcast may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Also, we would like to thank Automattic for providing their Terms of Service available under a Creative Commons Sharealike license.