1. Applicability and Acceptance of Terms of Service:
These Terms of Service (“TOS”) govern your access to and use of American Ruckus website at (the “Site”) and all related websites, networks, downloadable software, mobile applications (including tablet applications), and other technology services offered by American Ruckus (collectively with the Site, the “Services”).
2. Revisions to Terms of Service:
American Ruckus reserves the right, at its discretion, to change these TOS at any time. Please check these TOS periodically for changes. In the event that a change to these TOS materially modifies your rights or obligations, American Ruckus will make reasonable efforts to notify you of such change. American Ruckus may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for a promotion or through other mechanisms.
3. Description of the Services
You understand and agree that you will receive communications from American Ruckus through the Services such as service announcements, administrative messages, information relating to certain features of the Service (such as messages), and newsletters meant to share the latest information about the American Ruckus. You will have the option to “opt out” of some, but not all, of these communications.
Unless explicitly stated otherwise, any new features that enhance the Services, including the release of new American Ruckus websites, networks, software, mobile applications, and other technology services, shall be subject to these TOS.
You are solely responsible for obtaining access to the Services, and you understand that access may involve third-party fees (such as internet service provider or airtime charges). You are solely responsible for any associated fees. In addition, you must provide and are responsible for maintaining all equipment necessary for you to access the Services.
You understand that the technical processing and transmission of the Services, including your content, may involve transmissions over various networks and changes to enable conformity and adaptation to technical requirements of connecting networks or devices.
Certain features of the Services may permit users to post content, including messages, data, text, and other types of works (collectively, “Content”) and to publish Content on the Services. You retain copyright and any other proprietary rights that you may hold in the Content that you post to the Services.
By posting or publishing Content, you grant American Ruckus a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) in connection with the Services. Any such use of your Content by American Ruckus may be without any compensation paid to you.
You are solely responsible for your Content and the consequences of posting or publishing Content. By posting and publishing Content, you affirm, represent, and warrant that:
American Ruckus is under no obligation to edit or control Content that you or other users post or publish, and will not be in any way responsible or liable for Content. American Ruckus may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these TOS or is otherwise objectionable. You understand that when using the Services you will be exposed to Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against American Ruckus with respect to Content. American Ruckus expressly disclaims any and all liability in connection with Content. If notified that Content allegedly does not conform to these TOS, American Ruckus may investigate the allegation and determine, in its sole discretion, whether to remove the Content, which it reserves the right to do at any time and without notice.
The Digital Millennium Copyright Act (17 U.S.C. §512, as amended) provides a mechanism for submitting complaints with respect to material posted on the Service. You may contact our Designated Agent at the following address:
The American Ruckus
Attn: PWS Manager
E-mail: [email protected]
Any notification alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
6. Member Conduct
In accessing the Services, you agree not to:
You understand that the Services and software embodied within the Services may include security components that protect digital materials from unpermitted distribution, reproduction or use. You may not attempt to override or circumvent any of these digital protection measures except as expressly permitted by law.
7. Interstate Nature of Communications on the American Ruckus Network
When you register for the Services, you acknowledge that you will be causing communications to be sent through the American Ruckus’s computer network, portions of which are located in California, Texas, and other locations in the United States or abroad. As a result of this network, communications that may seem to be intrastate in nature can result in the transmission of interstate or international communications, regardless of where you are physically located at the time of transmission. Accordingly, by accepting these TOS, you acknowledge that use of the Services may result in interstate or international data transmissions.
8. Submission of Ideas to the American Ruckus
Any unsolicited show idea submissions made by you will be handled in accordance with the American Ruckus’s Submissions Policy.
You agree to indemnify and hold American Ruckus and its affiliates, agents, employees, partners, and licensors harmless from any and all claims or demands, including reasonable court costs and attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of any third party.
10. No Commercial Reuse of the Services
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any personal or commercial purposes any portion, use of, or access to the Services (including any Content, advertisements, or Software).
11. General Practices Regarding Use and Storage
You acknowledge that American Ruckus may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that uploaded Content will be retained by the Services, and the maximum number of times and duration for which you may access the Services in a given period of time. You agree that American Ruckus has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that American Ruckus reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that American Ruckus reserves the right to modify these general practices and limitations from time to time.
12. Modifications to the Services
At all times American Ruckus reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that American Ruckus shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Services (or any part thereof).
13. American Ruckus’ Proprietary Rights
You acknowledge and agree that the Services and any software, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Software”) are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained on the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Except as expressly permitted by law or authorized by the terms of an applicable license, you may not copy, sell, modify, distribute, display, perform, create a derivative work of, or reverse engineer any element of the Software or the Services. You agree not to access the Services by any means other than by using the unmodified Software provided to you by the American Ruckus.
American Ruckus reserves all rights to the Software not granted expressly in these TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMERICAN RUCKUS AND ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF AMERICAN RUCKUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
15. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to this agreement.
These TOS and use of the Services is governed by and will be construed in accordance with the laws of California and the laws of the United States. The exclusive venue for any matter relating to or arising from use of the Services will be a state or federal court of competent jurisdiction in Sacramento, California. To the extent any portion of these TOS is determined to be unenforceable by such court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these TOS, as modified, will remain in full force and effect. This sets forth the rights and obligations of the users and American Ruckus in their entirety relating to the subject matter herein.
Please report any violations of the TOS to American Ruckus.
American Ruckus protects its trademarks, which are the property of American Ruckus and may not be used without the prior written permission of the American Ruckus. American Ruckus does not permit the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without the American Ruckus’s prior written approval. No license to use the American Ruckus’s trademarks is granted under these TOS.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND CONTENT MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS-IS.” AMERICAN RUCKUS AND ITS AFFILIATES, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE SERVICES, CONTENT OR SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. AMERICAN RUCKUS AND ITS AFFILIATES, EMPLOYEES, AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, AMERICAN RUCKUS DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND MATERIAL ACCESSIBLE FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. AMERICAN RUCKUS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION ON THE SERVICES OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION. IN THE EVENT OF A CONFLICT BETWEEN THE OFFICIAL RECORDS OF AMERICAN RUCKUS AND INFORMATION ON THE SERVICES, THE WINNING NUMBERS AND PRIZE AMOUNTS IN THE OFFICIAL RECORDS OF AMERICAN RUCKUS SHALL CONTROL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OF CONTENT AVAILABLE THROUGH THE SERVICSE WILL CREATE ANY WARRANTY REGARDING AMERICAN RUCKUS OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
American Ruckus may, from time to time, provide links to third-party websites. American Ruckus is not responsible for such linked websites or for the content of any linked websites. American Ruckus provides these links as an additional resource for its website users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, American Ruckus is not responsible for the accuracy, relevance, copyright compliance, legality, or decency of material contained in, or programs, services or products offered by, websites linked to from the Services.
21. Emails and Newsletters
American Ruckus may provide email and newsletter services to notify interested followers about upcoming stories, show segments and other such information.
AMERICAN RUCKUS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION IN THE EMAIL OR NEWSLETTER AND DISCLAIMS ALL LIABILITY THAT RESULTS FROM THE USE ANY SUCH INFORMATION. AMERICAN RUCKUS MAKES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION IN THE EMAIL AND NEWSLETTER IS ACCURATE. HOWEVER, IN THE EVENT OF AN ERROR, THE WINNING NUMBERS AND PRIZE AMOUNTS IN THE OFFICIAL RECORDS OF AMERICAN RUCKUS SHALL CONTROL.
22. Security of the Internet and the American Ruckus Website
Please be advised that the security of the internet cannot be guaranteed and therefore your privacy thereon cannot be assured. American Ruckus is not responsible for any unauthorized access to communications that you submit over the internet.
23. Additional Terms
Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that American Ruckus may post on or link to on the Services (the “Additional Terms”), such as end-user license agreements for any Software that American Ruckus may offer, or rules applicable to particular features or content on the Services, subject to your acceptance of such Additional Terms. All such Additional Terms are hereby incorporated by reference into, and made a part of, these TOS.
Effective Date: October 7, 2015