THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
All pages and information within this Website and any material made available for download (collectively the “Site”), certain applications (“App” or “Apps”), and related support and hosting services for our proprietary brand content creation service (collectively, the “Service” or “Services”) are the property of rfrd, Inc. and/or its subsidiaries, affiliates, clients, vendors, and licensors. We grant you a nonexclusive, non-transferable license to use the Site solely for your personal use. As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of rfrd, Inc., except that you may download content from the Site to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.
All trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of rfrd, Inc. or their respective owners.You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by rfrd, Inc. and/or its affiliates, clients, vendors and licensors.
You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Certain areas of the Site require registration, establishment of an account, and the use of a username and password to access. You may also be required to accept certain additional terms of service. In the event of a conflict between these Terms and Conditions and any terms provided with your registration, the registration terms will govern. By registering, you represent and warrant (a) that you are able to enter into contracts, and (b) the registration information you provide is current, complete, and accurate. rfrd, Inc. may accept or reject registration requests for the Site in rfrd, Inc.’s sole discretion and may revoke registration and accounts at any time, without cause or prior notice.
You may access certain online features of the Services through your account (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You will notify rfrd, Inc. immediately of any unauthorized use of your username or password and that you will, for security reasons, make sure that you exit from any activities on the Site at the end of each of your uses of the Site. You agree that the information that you provide to us upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete.
By registering and/or participating in this Service, you agree to be contacted via email, SMS and/or text messaging by us, including push notifications, and by third parties if relevant, regarding our Services, our Site, third party notifications and/or advertisements, and requests to rate our Site and/or Apps.
You may have individuals record themselves or others that are not supplied by rfrd, Inc. (“Participants”). You are solely responsible for your Participants. If you are a Participant, you are subject to the Media Release set forth in these Terms of Service. Every other Participant will be required to agree to rfrd, Inc.’s then-current Publicity Consent and Waiver, which shall be provided by rfrd,io, Inc.
If you purchase our Services, you will be required to submit payment information to do so. Current pricing of Services is set forth on our Site and may vary from time to time. rfrd, Inc. may provide you the ability to purchase credits for certain Services in advance (each a “Credit”). Credits can be redeemed only for the specific Service for which they were purchased. Except as prohibited by law, unused Credits expire upon the first to occur of: (a) termination of your rights to access and use the Services, and (b) twelve (12) months after the Credit is issued. rfrd, Inc. may, but has no obligation to, notify you in advance if any issued Credits have expired or are nearing expiration. Except as required by law or as set forth in these Terms of Service, Credits are not refundable or redeemable for cash.
rfrd, Inc. may, with or without notice, suspend or restrict your ability to access or use certain Services until you have successfully completed and paid for prior Services.
To process payments for our Services, we use a third-party payment processor. You may be required to agree to such third-party payment provider’s terms and conditions before paying for any of our products.
Prices are subject to change without notice. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information (as applicable). If such information is false or fraudulent, we reserve the right to terminate your use of the Services and your access to the Sites in addition to seeking any other legal remedies. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by us. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Sites.
If you desire to cancel you can submit your request for cancellation 30 days in advance of cancellation through our proper support email (firstname.lastname@example.org) through one of our agents. Refunds requests are treated on an individual basis. We shall not be obligated to store any data or files for more than sixty (60) days after termination of your access to the Service.
In connection with the Services, rfrd, Inc. may create certain images, photos, videos, or other material (“Developed Content”). All Developed Content is protected by copyright and other intellectual property laws and regulations. Unless otherwise agreed in a written agreement between you and rfrd, Inc. that specifically references these Terms of Services and indicates a desire to supersede these Terms of Service (in whole or in part) (each a “Separate Agreement”), the terms of this Section 5 apply to all Developed Content.
Any communications, content, video, photo, or other material of any kind that you email, post, upload, store, or transmit through the Site, including, videos, images, prompts, terms, replies, questions, tags, comments, recommendations, suggestions, top features, feature requests, product issues, testimonials, tips, and other data and information (your “Content”) will be treated as non-confidential and non-proprietary. You grant rfrd, Inc., and it’s affiliates and applicable clients, a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use your Content on the Site or elsewhere for our business purposes in all media now known or later developed. We are free to use any ideas, concepts, techniques, know-how in your Content for any purpose required to provide you our services.
You represent and warrant that you have all right, title, and interest necessary to post your Content to the Site and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule including unauthorized claims or not appropriately disclosing material relationships with sponsors or manufacturer. rfrd, Inc. may, but is not obligated to, monitor or review any areas of the Site where user Content may be made available, including, but not limited to, chat rooms, repositories, discussion areas, replies, videos, product stories, product timelines, favorite features, feature requests, product issues, recommendations, tags, forms, and other user forums. rfrd, Inc., however, will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. rfrd, Inc. retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.
At rfrd, Inc.’s option and request, you will, at your own expense, indemnify, defend, and hold rfrd, Inc. and its subsidiaries, affiliates, applicable clients, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Site through your account, (c) based on your actual or alleged breach of these Terms and Conditions, (d) based on your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without rfrd, Inc.’s prior written consent.
You may not to use the Site to:
The Service may offer forums, blogs, comment areas, bulletin boards, messaging services, and chat rooms (collectively, “Forums”). We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold us responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user-names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your username or the title of your Forum at any time and for any reason at our sole discretion and/or change it ourselves.
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:
Attn: DMCA Agent
Address: 13410 Braun Road, Golden, CO 80401
IF YOU BELIEVE CONTENT AVAILABLE THROUGH THE SITE INFRINGES A COPYRIGHT, PLEASE PROVIDE THE FOLLOWING INFORMATION TO THE PERSON IDENTIFIED ABOVE (17 U.S.C. § 512):
You understand and agree that the Developed Content may include the voice, name, picture, portrait, image, video or photograph actions, likeness, biographical information, or appearance (collectively, “Likeness”) of each Participant. You further understand and agree that the Developed Content may also include statements made by Participants relating to you or your Products (“Statements”).
By participating in a recordings as a Participant, you agree as follows:
Further, if you are a business user of the Service, you, represent that you are an authorized representative or agent of such business, and have the authority to give rfrd, Inc. permission to use your business identity, commercial likeness or product/service in all forms and media including advertising and related promotion throughout the world, including web-based publications, without payment or other consideration.
You, on behalf of you successors, heirs, and assigns, release soona, its affiliates, and successors, and their respective officers, directors, employees, contractors, and agents, from any claims that may arise regarding the use of your name, Statements, Likeness, business identity, commercial likeness, product/service, and/or other similar content in a manner permitted by this these Terms of Service, including any claims of defamation, invasion of privacy, or infringement of moral rights, and rights of publicity or copyright.
You shall indemnify, defend, and hold rfrd.io, Inc. harmless from and against any claim, action, or demand arising from the use of a Participant in a shoot or the releases set forth herein.
This Site and/or App provides videos, reviews and other information (the “videos, photos, and text” about third party products and services (the “Products”). You understand and agree that (i) rfrd, Inc. is not responsible for the content or accuracy of any videos or photos; (ii) you are solely responsible for evaluating whether the Products are safe and appropriate for your use; and (iii) rfrd, Inc. is not the manufacturer or seller of any Products. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST rfrd, Inc. RELATING TO THE VIDEOS, PHOTOS, TEXT AND/OR PRODUCTS.
As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such websites and do not endorse nor assume any liability for the third-party websites, services, or products. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization and your use of such is undertaken at your own risk.
rfrd, Inc. makes no representations whatsoever about any other website that you may access through this Site. When you access a non-rfrd, Inc. site, please understand that it is independent from rfrd, Inc., and that rfrd, Inc. has no control over the content on that Web site. In addition, a hyperlink to a non-rfrd, Inc. Web site does not mean that rfrd, Inc. endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY rfrd, Inc. OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
rfrd, Inc. AND ITS AFFILIATES, CLIENTS, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Although rfrd, Inc. attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform rfrd, Inc. so that it can be corrected. Information contained on the Site may be changed or updated without notice.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that you will not export or import any Site content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.
These Terms and Conditions are entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved in Denver, Colorado. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
These Terms and Conditions, as may be amended from time-to-time by rfrd, Inc., constitute the entire agreement between rfrd, Inc. and you pertaining to the subject matter hereof. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.