Welcome to the ruffrydersradio.com website (“Website” or “Site”) produced and maintained by Ruff Ryders Radio, Inc. (“Company”, “we”, “us”, or “our”). The policies below are applicable to the Website (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and other interactive features, applications or downloads that are operated or made available by us. In addition to the Content on the Website, the Website provides you with various opportunities to submit content and participate in other services (“Services”). Company reserves the right at all times to accept or decline any submissions, content or membership.
1. Use of the Website/Disclaimer
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) RUFF RYDERS RADIO, INC. AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND COMPANY SPECIFICALLY MAKES NO WARRANTIES THAT SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED.
2. Registration, Accounts and Passwords
Certain of the Services and related features made available on Ruff Ryders Radio, Inc. Website may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Site, and (b) all activities that occur under such password or account. Further, you agree to notify Company Website of any unauthorized use of your password or account. Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
3. Copyright, License and Submissions
All material, information and content available on the Site (collectively, “Content”), including the manner in which such Content is presented, and the Services are protected by copyright and trademark laws. The owner of the copyrights and trademarks are: © Ruff Ryders Radio, Inc., its affiliates and/or licensors. All rights reserved. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You grant to Company a limited, non-exclusive, world-wide, non-transferable and perpetual license, with right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Site or by email to Ruff Ryders Radio, Inc., by all means and in any media now known or hereafter developed. You also grant to Company and Site the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Company. Further, you agree not to change or delete any copyright or proprietary notices from the materials.
Any use of any trademarks appearing on the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited. All trademarks, service marks and trade names of Company or Company’s licensors used herein (including but not limited to: the Company name, the Company corporate logo, the Website name, design and any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company’s prior written consent. The use of Company trademarks on any other website or network computer environment is not allowed. Company prohibits the use of Company trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
5. User Conduct
In consideration of the availability, and your use, of the Site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such Company Site or Service. You acknowledge that Company may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Company Site, any of the Services, or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
6. Responsibility for Minors
In cases where you have authorized a minor to use the Site or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site or any of the Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors. If you are a minor, you must have permission from your parent or guardian to upload any materials to a Forum. Ruff Ryders Radio Inc. may request a parent’s or guardian’s email address from anyone who uploads any materials to the Site for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
8. Content linked to Company Site
Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. Company provides these links only as a convenience and not as an endorsement by Ruff Ryders Radio, Inc. These linked sites are not necessarily under the control of Company. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Company is not responsible for the content of any such linked sites or any other web page which is not part of the Company Site and under Company’s control. Unless otherwise expressly provided, Company makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Company will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Company Site.
9. SUBSCRIPTION/FEE BASED SERVICES
- Certain of the Services made available on the Site may be offered by Company on a payment basis (a “Pay Service”). Pay Services may be offered by Company on a prepaid usage basis (i.e. via Paypal or other 3rd party business allowing payments or money transfers to be made via the internet) or on a periodic subscription (“Subscription”) basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Pay Service description page (the “Pay Service Description”), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Radio Guyana reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
- Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.
- By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (i) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (ii) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (iii) that Company reserves the right to specify an expiry date for the use of any services purchased in connection with any Pay Service, and (iv) that Company reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Company has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Company shall be in addition to and without prejudice to such rights and remedies as may be available to Company, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Company or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
You acknowledge and agree that Company, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Site or any of the Services, and remove and discard any information or content related to the Site or any of the Services (and your use thereof), for any reason, including where Company believes that you have violated any of these Terms and Conditions. You further agree that Company shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Ruff Ryders Radio, Inc., your sole and exclusive remedy is to discontinue using the Site or any of the Services. In the event you discontinue using the Site or any of the Services, you must give Company written notice. Company shall remove any of your content or submissions within 14 days of receipt of your notice. No inadvertent failure by Company to remove any of your content or submissions shall constitute a Company breach. The provisions of paragraphs 3 (Copyright, Licenses and Idea Submissions), 1 (Use of the Service), 11 (Indemnification) and 13 (Miscellaneous) shall survive any termination of this Agreement
You agree to defend, indemnify and hold harmless each of Company, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, expenses, losses, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including negligent or wrongful conduct by you or any other person accessing the Service); (b) your access to or use of the Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Limitations of Liability
Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS; THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY FIVE DOLLARS (US $25.00).
- You may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Company and you pertaining to your use of Company Website, Services and Content and supercedes any prior agreements between you and Company with respect to the subject matter hereof. Company’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.
- This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Company and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
- All Site design, graphics, text selections, arrangements, and all software are copyright © 2014 Ruff Ryders Radio, Inc. All rights reserved.