This RnBLoad Service Agreement (the "Agreement") describes the terms and
conditions on which RnBLoad ("we" or "our company") offer services to you
("Customer" or "You"). By registering for or using RnBLoad services, Customer
agrees to be bound by the following terms and conditions.
1. Eligibility for RnBLoad Services.
Our Services are available only to individuals and business entities
(including but not limited to sole proprietorships) in good legal standing
that can form legally binding contracts under applicable law. Customer
hereby represents and warrants that it is duly licensed to do business and
is in good legal standing in the jurisdictions in which it does business
(during the term of this Agreement) that it is not a competitor of RnBLoad,
and that the person agreeing to this Agreement for Customer is at least
eighteen years of age and otherwise capable of and authorized to enter
binding contracts for Customer.
2. RnBLoad Services
Subject to the terms and conditions of this Agreement, RnBLoad makes certain
Services available to Customer. For the purposes of this Agreement: (a)
"Customer" (or "you") means the individual or business entity that is using
or registering to use the Services, including its employees and agents; (b)
RnBLoad "Services" means those electronic or interactive services offered by
RnBLoad. RnBLoad Online reserves the right to change or discontinue any of
the Services at any time.
You acknowledge that all materials (except those uploaded by users) provided
on this Web site, including but not limited to information, documents,
products, logos, graphics, sounds, gui, software, and services (collectively
"Materials"), are provided either by RnBLoad or by their respective third
party authors, developers and vendors (collectively "Third Party Providers")
and the underlying intellectual property rights are owned by RnBLoad and/or
its Third Party Providers. Elements of the Web site are protected by trade
dress and other laws and may not be copied or imitated in whole or in part.
RnBLoad, the RnBLoad logo and other RnBLoad products referenced herein are
trademarks of RnBLoad, and may be registered in certain jurisdictions. All
other product names, company names, marks, logos, and symbols may be the
trademarks of their respective owners.
4. Customer Information
Customer represents and warrants that the information it provides in RnBLoad
contact information forms is true, accurate, current and complete. Customer
agrees to maintain and update this information to ensure that it is true,
accurate, current and complete. If, at any time, any information provided by
Customer is untrue, inaccurate, not current or incomplete, RnBLoad will have
the right to suspend or terminate Customer's account and this Agreement.
5. Customer Account
Customer may designate persons to act as its agents to use the Services,
provided that each designated person has the legal capacity to enter into
binding contracts for Customer. Furthermore, Customer represents and
warrants that each person who registers under Customer's account is an
authorized agent of Customer (an "Authorized User") who has such legal
Responsibility for Access
Customer is solely responsible and liable for any and all access to and use
of the Services (including all activities and transactions) by any
Authorized User and/or User ID registered under Customer's account, unless
such access to or use of the Services is the direct result solely of the
gross negligence of RnBLoad. It is Customer's responsibility, through its
systems administrator Authorized User, to set the appropriate access for
each of Customer's Authorized Users.
Responsibility for User IDs and Passwords
Customer is solely responsible for maintaining the confidentiality of
Customer access information, i.e. account ID's and passwords of its
Authorized Users, and are responsible for all activities that occur under
Notification of Unauthorized Use
Customer will immediately notify RnBLoad if Customer notices any activity
indicating that Customer's account or data is being used without
authorization, including: (a) Customer has received confirmation of an order
or orders placed using Customer's account which Customer did not place or
any similar conflicting report; or (b) Customer becomes aware of any
unauthorized use of any product or service related to its account(s).
6. Customer Data
Customer has sole responsibility and liability for the data its stores on
RnBLoad's servers. Customer controls its data through its generated link.
RnBLoad encourages Customer to archive its data regularly and frequently;
Customer bears full responsibility for archiving its data and sole liability
for any lost or irrecoverable data. Customer agrees to maintain its data in
compliance with its legal obligations. RnBLoad will delete Customer data
upon termination of this Agreement. However, RnBLoad may retain Customer
data in its archives after deletion and will not be liable to Customer in
any way for such retained data.
RnBLoad will provide access to the Services and Customer's data to an agent
of Customer ("Authorized Agent") who provides RnBLoad with a notarized
letter signed by an officer of Customer which letter shall include
statements of authenticity, authority, and liability as required by RnBLoad
in its sole discretion. Customer expressly and irrevocably agrees that
RnBLoad may rely on such a letter and on the apparent authority of the
person requesting access to the Services or to Customer's account. In no
event will RnBLoad be liable to Customer or any third party for RnBLoad's
reliance on such letter or such apparent authority.
8. Acceptable Use
You agree to not use RnBLoad's Service to:
a. upload, post, e-mail, transmit or otherwise make available any
Content that spreads messages of terror or depicts torture or death-gui; if
serious enough, the content will be reported to the appropriate legal
authority and/or the member's ISP will be contacted;
harm minors in any way, this includes any form of child pornography;
if serious enough, the content will be reported to the appropriate legal
authority and/or the member's ISP will be contacted;
upload, post, e-mail, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party.
RnBLoad neither sanctions nor permits site content or the transmission of
data that contains illegal or obscene material or fosters or promotes
illegal activity, including but not limited to, gambling, the offering for
sale of illegal weapons, and the promotion or publication of any material
that may violate hate crimes legislation.
RnBLoad reserves the right to immediately suspend or terminate any account or
transmission that violates this policy, without prior notice.
Further, should Customer violate this policy, RnBLoad will actively assist
and cooperate with law enforcement agencies and government authorities in
collecting and tendering information about Customer, Customer's site, the
illegal or obscene content, and those persons that may have inappropriately
accessed, acquired, or used the illegal or obscene content.
Customer shall not commit or permit wrongful or damaging acts which justify
civil action including, but not limited to, posting of defamatory,
scandalous, or private information about a person without their consent or
intentionally inflicting emotional distress.
Access and Interference
Violations or attempts to violate RnBLoad systems or to interrupt RnBLoad
services are strictly prohibited, and may result in criminal and civil
liability. Examples of system violations include, without limitation:
(a) Unauthorized access to or use of RnBLoad Services, including any attempt
to probe, scan or test the vulnerability of a system or to breach security
or authentication measures without express authorization of RnBLoad; or (b)
Interference with Service to any customer or network including, without
limitation, flooding, or deliberate attempts to overload a system and
broadcast attacks; or (c) Use of any device, software, or routine to
interfere or attempt to interfere with the proper working of the Services;
or (d) Any action that imposes an unreasonable or disproportionately large
load on RnBLoad's infrastructure
Customer shall not decompile, disassemble, decrypt, extract, reverse
engineer or otherwise attempt to derive the source code of the "software
tools" (including the tools, methods, processes, and infrastructure)
underlying the Services or any other software on the RnBLoad Web site.
Copyright or Trademark Infringement
RnBLoad Services may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable law
or regulation, including export control laws, is prohibited. This includes,
without limitation, material protected by patent, copyright, trademark,
service mark, trade secret or other intellectual property rights. If you use
another party's material, you must obtain prior authorization. By using the
Services, you represent and warrant that you are the author and copyright
owner and/or proper licensee with respect to any hosted content and you
further represent and warrant that no content violates the trademark or
rights of any third party. RnBLoad reserves the right to suspend or
terminate a Customer's transmission(s) that, in RnBLoad's discretion,
violates these policies or violates any law or regulation.
Misuse of System Resources
Customer shall not misuse system resources including, but not limited to,
employing content which consume excessive CPU time or storage space;
utilizing excessive bandwidth; or resale of access to content hosted on
Whether lawful or unlawful, RnBLoad reserves the right to determine what is
harmful to its Customers, operations or reputation, including any activities
that restrict or inhibit any other user from using and enjoying the Service
or the Internet.
Please be aware RnBLoad reserves the right to cancel any account or
transmission they find in violation of any of the above policies. If
appropriate, RnBLoad will refer complaints to law enforcement authorities,
and in such case, RnBLoad will actively assist law enforcement agencies with
the investigation and prosecution of any such activities, including
surrendering Customer account and data information.
Complaints about violators of our Policy should be sent via e-mail to abuse@RnBLoad.com.
Each complaint will be investigated and may result to immediate cancellation
of Services without prior notice.
9. No Warranty
You expressly understand and agree that: (a) your use of the Service is at
your sole risk. RnBLoad Services are provided on an "as is" and "as
available" basis. RnBLoad and its suppliers, to the fullest extent permitted
by law, disclaim all warranties, including but not limited to warranties of
title, fitness for a particular purpose, merchantability and
non-infringement of proprietary or third party rights. RnBLoad and its
suppliers make no warranties about the accuracy, reliability, completeness,
or timeliness of our Services, software, or content; (b) RnBLoad makes no
warranty that (i) the Service will meet your requirements, (ii) the service
will be uninterrupted, timely, secure, or error-free, (iii) the results that
may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material
purchased or obtained by you through the Service will meet your
expectations, and (v) any errors in the software will be corrected; (d) any
material downloaded or otherwise obtained through the use of the Service is
done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of any such material; (e) no advice or information, whether oral or
written, obtained by you from us or through or from the Service shall create
any warranty not expressly stated in these terms and conditions.
You agree to defend, indemnify, and hold harmless RnBLoad, its affiliates,
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal fees,
alleging or resulting from your use the Service, or your breach of this
Agreement or other RnBLoad policies, terms and conditions.
11. Limitation of Liability
Your use of RnBLoad is at your own risk. If you are dissatisfied with any
aspect of our Service or with these terms & conditions, or any other rules
or policies, your sole remedy is to discontinue use of the Service. You
expressly understand and agree that RnBLoad shall not be liable for any
direct, indirect, incidental, special, consequential exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if we have been advised of the
possibility of such damages), resulting from: (I) the use or the inability
to use the Service; (II) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased
or obtained or messages received or transactions entered into through or
from the Service; (III) unauthorized access to or alteration of your
transmissions or data; (IV) statements or conduct of any third party on the
service; or (V) any other matter relating to the Service.
12. Modifications to Agreements, Policies or to our Services
We reserve the right to change this Service Agreement at any time without
notice. We also reserve the right at any time to modify or discontinue the
Service, temporarily or permanently, with or without notice to you. You
agree that we shall not be liable to you or any third party for any
modification, suspension or discontinuance of the Service. You acknowledge
that we may establish general practices and limits concerning use of the
Service, including the maximum disk space that will be allotted on RnBLoad's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time.
Further, you acknowledge that RnBLoad may change subscription fees at any
time without notice. Changes in subscription fees will take effect on
expiration of any existing Customer subscription.
13.1 Without limiting other remedies, RnBLoad may immediately issue a
warning, suspend (i.e., lock out access and operation of Services for
Customer) either temporarily or indefinitely, or terminate Customer's
account and refuse to provide Services to Customer if: (a) RnBLoad believes
that Customer have violated or acted inconsistently with this Agreement, or
any of our policies; or (b) Customer have failed to pay fees or other
payments due to RnBLoad; or (c) RnBLoad is unable to verify or authenticate
any information Customer provides to RnBLoad; or (d) RnBLoad believes that
Customer's actions may cause legal liability for Customer, RnBLoad's other
clients, or RnBLoad.
RnBLoad may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision
of these terms and conditions may be effected without prior notice, and
acknowledge and agree that RnBLoad may immediately deactivate, archive or
delete your account and all related information and data and/or any further
access to such data or the Service. Further, you agree that RnBLoad shall
not be liable to you or any third-party for any termination of your access
to the Service.
Upon termination of this Agreement by either Customer or RnBLoad, all of
Customer rights under this Agreement, and RnBLoad's provision of Services,
will terminate immediately.
The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10
("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive
any termination of this Agreement.
These terms and conditions will be governed by and construed in accordance
with the laws of the State of California, excluding that body of law
governing conflict of laws. Any legal action or proceeding relating to or
arising out of these Terms or your use of the Web site will be brought in a
federal or state court in Santa Clara County, California, and you submit to
the venue and personal jurisdiction of such court. If any provision of these
Terms is held to be invalid or unenforceable, such provision will be
enforced to the greatest extent possible and the remaining provisions will
remain in full force and effect. Headings are for reference purposes only
and in no way define, limit, construe, or describe the scope or extent of
such section. RnBLoad's failure to act with respect to a breach by Customer
or others does not waive RnBLoad's right to act with respect to subsequent
or similar breaches. No action by Customer arising under this Agreement may
be brought at any time more than twelve (12) months after the facts occurred
upon which the cause of action arose.
Customer and RnBLoad are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
Customer may not assign any of its rights, or delegate any of its duties, under
this Agreement, and any attempted assignment will be null and void.
Operation of our Services may be interfered with by numerous factors outside
of our control and we shall not be liable to you for any delay or failure in
performance under this Agreement resulting directly or indirectly from
causes beyond RnBLoad's control.
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck, as narrowly as possible, and the remaining
provisions shall be enforced. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such
RnBLoad Confidential Information
You represent and warrant to RnBLoad that (a) you are not a competitor of
RnBLoad, (b) you shall keep publicly unannounced information and materials
pertaining to RnBLoad, pre-release software, testing or testing procedures
strictly confidential and (c) you shall not use any information gained from
access to the RnBLoad Web site or use of the RnBLoad Services to compete
with RnBLoad in its business.
Except for other agreements or terms appearing on the Web site, this
Agreement set forth the entire understanding and agreement between us with
respect to the subject matter hereof.
If you need any additonal information kindly contact us by using contact
form or mailing us directly at mail[at]rnbload.com
This server is not owned nor operated by the owner of RnBVibez.com – this
includes the server along with the domain itself.
If for any reason you need to report abuse by an individual that uploaded
content to the server, please contact abuse[at]rnbload.com .