Terms of service
describes the terms on which RANKINGBALL INC (“Publisher”) offers you access to its services.
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER PUBLISHER SOFTWARE, SERVICES, OR WEB SITES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
1. ACCOUNT REGISTRATION
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Publisher believes the information you provide is not correct, current, or complete, Publisher has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
2. USER NAMES AND PASSWORDS
During the registration process, you must choose a user name and a password. When choosing a user name, you must abide by the following guidelines as well as the rules of common decency. If Publisher finds such a user name to be offensive or improper, Publisher will be entitled, in its sole and absolute discretion, to change the name and/or terminate your use of the Service. You may not select the name of another person with the intent to impersonate that person; a name that violates any trademark rights, copyright or other proprietary right; or a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable. Any passwords used for this site are for individual use only.
You will be responsible for the security of your password. Publisher will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Publisher considers insecure, Publisher will be entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PUBLISHER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PUBLISHER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PUBLISHER OR LAW ENFORCEMENT AUTHORITIES.
3. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site.
As a condition of your use of Publisher's Web site(s), you warrant to Publisher that you will not use the Web site(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to)
(i) co-brand this site, or
(ii) frame this site, or
(iii) hyper-link to this site,
without the express prior written permission of an authorized representative of Publisher.
You agree to cooperate with Publisher in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
In addition, you may not use Publisher's Web site(s) in any manner which could disable, overburden, damage, or impair the Web site(s) or interfere with any other party's use and enjoyment of the Web site(s).
You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Web site(s).
4. PERSONAL AND NONCOMMERCIAL USE LIMITATION
Publisher's Web site(s) are for your personal and noncommercial use, unless otherwise specified.
You may not use this site for any other purpose, including any commercial or monetary purpose, without Publisher's express prior written consent.
You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Publisher's Web sites.
5. PROPRIETARY INFORMATION
The material and content accessible from this site, and any other Web site owned, operated, licensed, or otherwise controlled by Publisher (the “Content”) is the proprietary information of Publisher or the party that provided or licensed the Content to Publisher, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, except that you may print out a copy of the Content solely for your personal use.
Neither title nor intellectual property rights are transferred to you by access to this site.
This site may be hyper-linked to other sites which are not maintained by, or related to, Publisher.
Hyper-links to such sites are provided as a service to users and are not sponsored by, endorsed by, or affiliated with this site or Publisher.
Publisher has not reviewed any or all of such sites and is not responsible for the content of those sites.
Publisher is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Publisher makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.
Publisher provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Publisher of that site or any association with its operators.
7. USE OF COMMUNICATION SERVICES
Publisher's Web sites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”).
You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i. you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii. advocates illegal activity or discusses an intent to commit an illegal act;
iii. is vulgar, obscene, pornographic, or indecent;
iv. does not pertain directly to this site;
v. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii. violates any law or may be considered to violate any law;
ix. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or prize contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii. solicits funds, advertisers or sponsors;
xiii. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv. includes MP3 format files;
xvi. amounts to a “pyramid” or other like scheme, including prize contests, chain letters, and surveys;
xvii. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions.
You acknowledge and agree that neither Publisher nor any third party that provides Content to Publisher will assume or have any liability for any action or inaction by Publisher or such third party with respect to any submission.
Publisher cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Publisher does not control or endorse the content, messages or information found in any Communication Service and, consequently, Publisher specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Publisher spokespersons, and their views do not necessarily reflect those of Publisher.
You hereby grant to Publisher the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Publisher through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
Publisher will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Publisher operations.
You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Publisher does not assume any responsibility or risk for, or costs related to, your use of the Internet.
As a result of your use of the Communication Services, or the site in general, additional fees and charges from your third party service providers may apply.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Publisher.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Publisher DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Publisher DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Publisher DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Publisher MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
YOU, AND NOT Publisher, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Publisher MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Publisher does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
10. LIMITATION ON LIABILITY
PUBLISHER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Publisher AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Publisher FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. TERMINATION OR RESTRICTION OF ACCESS
Publisher reserves the right, in its sole discretion, to terminate your access to any or all of Publisher's web sites and the related services or any portion thereof at any time, without notice.
You will release, indemnify, defend, and hold Publisher, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, or inability to use the site, information provided by the site, or participation in a contest or a related activity offered through the site, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation,
(i) breach of this Agreement by you, your agents, or affiliates,
(ii) any condition caused by events beyond Publisher’s control that may cause the site to be disrupted or corrupted,
(iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of the site, and
(iv) any printing or typographical errors in or on the site.
You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Publisher or the party that provided or licensed the trademarks, services marks, logos, and copyrighted works to Publisher. Publisher and any party that provided or licensed trademarks, service marks, logos, and copyrighted works to Publisher retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. All contents of Publisher's Web sites are: Copyright © 2018, RANKINGBALL INC. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Publisher’s copyright agent the information listed below:
o An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
o A description of the copyrighted work that can claim has been infringed upon;
o A description where the material that you claim is infringing is located on the site;
o Your address, telephone number, and e-mail address;
o A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
o A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
RankingBall INC’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn: Legal/DMCA Copyright Agent
440N. Wolfe Rd, Sunnyvale, CA, 94085
Please note that this procedure is exclusively for notifying Publisher that your copyrighted material has been infringed. ALL INQUIRIES NOT RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Publisher as a result of this agreement or use of Publisher's Web sites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.