Terms of Use

When you use the website, mobile site, or application, (i.e. the “site”) you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before logging on, registering or using the site. Your use of the site constitutes acceptance of these Terms. If you do not accept these Terms of Use, then you may not use the site. Revere Digital LLC and its affiliated website recode.net (hereinafter referred to as “we” or “us”) may change these Terms of Use at any time, effective when posted on the site. Your continued use after such notice will constitute acceptance by you of such changes.

Use

You may use this site solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Registration

You may use the site without registration, but in order to take advantage of some aspects of the site, you may need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Your License to Company

The site may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the site, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant us a perpetual license to use, redact, host, display, republish, copy, sell, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the site or in support of the site through advertising and marketing. You acknowledge that, in granting us the rights identified above, you own the Content or have the legal right to post it, and that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

Acceptable Use Policy

We expect all of our users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to us at info@recode.net.

You are solely responsible for the Content that you post on the site or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the site.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the site. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the site);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as phone numbers, addresses, license plate numbers etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice. If you object to this activity by Company, do not post any Content to the site.

You are responsible for ensuring that the Content you post does not infringe on the rights of any copyright owned by any other person or entity. We will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if we are properly notified that the Content infringes the copyright of any other person or entity in accordance with the procedures set forth in our Takedown Policy, which is set forth at the end of this document.

You understand that when using the site, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the site.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the site. Further, you may not use any such automated means to manipulate the site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the site to any third party.

Termination of Access

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy and our Cookie Policy.

Links

This site may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the site by a party other than Company. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the site, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights

Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the site (“our Materials”). Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any of our Materials without the prior written consent of the owner of such materials. If you provide any input, feedback, or suggestions for improvement to the site, including recommendations for additional features or functionality, such contributions shall belong exclusively to us, and you shall retain no right to such contributions. All rights not granted under these Terms of Use are reserved by Company.

No Warranties

THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES OR BY ANY LINKS TO ANY OTHER THIRD PARTY WEBSITE. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed fifty dollars ($50).

Indemnity

You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the site (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject; (v) infringement by you of any person’s intellectual property rights, including copyright, trademark, or trade secret, (vi) violation of any person’s right to privacy or publicity, or (vii) any Content which defames another person.

Governing Law

The laws of the State of California shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN SAN FRANCISCO COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the site must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information

Should you have any questions you may contact us at info@recode.net.

Copyright Takedown Policy

If you believe that your copyrighted materials have been improperly posted or used on our site in a manner which you believe constitutes copyright infringement, please provide us with notification containing all of the following information:

  1. Identify in sufficient detail the copyrighted work(s) (“Work”) that you believe has been infringed upon (i.e., describe the work that you own).
  2. Provide us with information reasonably sufficient to locate the Work, or describe where you saw it posted.
  3. Provide a reasonably sufficient method of contacting you. A phone number and email address would be preferred.
  4. Provide information that you have, if any, sufficient for us to notify the user(s) who posted the Content that allegedly contains the infringing Work. You may also provide screenshots or other materials that are helpful to identify the Work in question. This information is optional, but does help us to resolve issues addressed by your notification.
  5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” You must also sign the notification.

This notification must be emailed to our designated Copyright Agent at info@recode.net.

When a valid DMCA notification is received, we will respond under this process by taking down the offending Content, if it has not already been deleted.

To File a Counter-Notification

If you believe that a complaint made against any Works posted by you is not the subject of a valid copyright Takedown Notice, and that such material was mistakenly removed, you can provide us with a notification containing all of the following information:

  1. List any items, whether copyrighted or not (“Item”) that were removed, and the location(s) the Item appeared before it was removed. Please identify the object in sufficient detail for us to determine its prior location.
  2. Provide your name, address, telephone number, email address (if available).
  3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the Central District of California, if your address is outside of the United States).
  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” This notification must be emailed to our designated Copyright Agent at info@recode.net.

On receiving a valid counter-notification, we generally restore the Content in question, unless it is Content that would normally have been deleted, edited or removed under our Terms of Use. If we receive notice from the person providing the original notification that a legal action has been filed seeking a court order to restrain the alleged infringement, we will remove the Work until we receive notice of a dispositive resolution of the issue.

We will also provide counter-notifications to the person making the DMCA claim. Regardless of whether or not we reinstitute the Work in question, the person making the claim may elect to file a lawsuit against you for copyright infringement.

Please note that under Section 512(f) of the Copyright Act, 17 U.S.C. ยง 512(f), any person who knowingly materially misrepresents that a Work is infringing, leading to its removal, may be subject to liability. For this reason, you should confirm the accuracy of all information you submit and comply with any requests that we may make for additional information.

Effective Date: These Terms of Use were last updated on January 1, 2014.

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