Legal — Terms of Use Agreement


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RVACreates.com is an online community that enables its users to create and share examples of creativity and innovation occurring in downtown Richmond, Virginia as part of the RVA Creates Initiative. RVACreates.com allows users to submit information such as text, files, images, photos and other materials (collectively, “Content”), and to share such Content with the general public. The services offered by RVACreates.com include the website (the "Site"), and any other features, content, or applications offered from time to time by RVACreates.com in connection with the Site (collectively, the "Services"). The Site and the Services are owned by Venture Richmond.

This page states the terms of use (the “Agreement”) governing your use of the Site and applies to all current and future Visitors and Subscribers (as defined herein). Please read this page carefully. If you do not accept this Agreement, please do not use this Site or do not use the generator or post to the site, can’t people just look at the site, read the info, articles see the gallery without agreeing. By using this Site or the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you simply browse the Site) or you are a “Subscriber” (meaning you have submitted your name and e-mail address to the Site and have uploaded or intend to upload Content for personal use or to share with the general public). In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless stated otherwise, those additional terms are incorporated into this Agreement. RVACreates.com may, in its sole discretion, revise this Agreement at any time; therefore, you should visit this page periodically to review the Agreement.

I. User Eligibility

Use of the Site and the Services is void where prohibited. By using the Site and the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. You may be removed as a Subscriber if we believe that you are less than 13 years of age. The Site and the Services are for personal and professional use only.

II Term

This Agreement is effect while you use the Site or are a Subscriber. You may remove yourself as a Subscriber at any time, for any reason, by contacting Venture Richmond and requesting removal. RVACreates.com may remove you as a Subscriber if you fail to abide by this Agreement. Even after you are removed, this Agreement will remain in effect.

III. Links

When using this Site, RVACreates.com requires Visitors and Subscribers to respect the rights we have in the Site’s contents, such as the transparent RVA logo (the “RVA Logo”) and other text, graphics, images and content appearing on the Site (the "Site Material"). RVACreates.com also requires Visitors and Subscribers to respect the rights others when submitting Content to the Site.

Uses of the RVA Logo and Site Material are governed by a Creative Commons license, the terms of which are viewable at the following link: http://creativecommons.org/. Unauthorized use of the RVA Logo may violate copyright, trademark, and other laws. You may not sell the RVA Logo or Site Material or use the RVA Logo or Site Material for any commercial purpose. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to RVACreates.com.

With respect to Content you submit to RVACreates.com—e.g. in connection with the RVA Logo generator feature (the “RVA Generator”)—you represent and warrant that: (i) you own the Content or otherwise have the right to grant the rights indicated Sections IV(a) and (b) below; (ii) the Content does not violate copyright, trademark, trade secret or other rights of any third party; (iii) you have obtained permission from each person (or, if applicable, their parent/guardian) appearing in any photograph and/or visual image you submit as part of the Content; (iv) submission of your Content does not violate the privacy rights, publicity rights, or any other rights of any person. You agree that you are solely responsible for all royalties, fees, and any other monies owed to any person related to Content you submit.

RVACreates.com may also contain the Content of other Subscribers and licensors. Except where otherwise indicated otherwise, this Content is also governed by the Creative Commons license indicated above.

It is our policy to remove Subscribers who repeatedly violate the terms of this Agreement and the Creative Commons license governing the use of the RVA Logo and the Site Material when we receive notification from a copyright owner or the copyright owner's legal agent. We ask that all users of the Site inform us immediately if they have reason to suspect that any material appearing on the Site infringes someone’s intellectual property rights.

If you believe your copyrighted work has been submitted to RVACreates.com in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. RVACreates.com’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Alexander Dahm
200 South Third Street
Richmond, Virginia 23219
Email: adahm@venturerichmond.com

IV. Rights and Responsibilities Regarding Content Posted on the Site or Through Services

a. Logos/Artwork Created Using RVA Generator

By submitting Content to the Site in connection with the RVA Generator, you agree that any resulting logo/artwork produced by the RVA Generator (a “Work”) will be deemed a “work made for hire” under the Copyright Act to be owned exclusively by Venture Richmond and will become part of the Site Material.

If for any reason a Work you create is not deemed to be a “work made for hire,” you agree to assign and transfer any right, title or interest you may have in such Work. You also agree to waive any moral rights you may have in any Work you create.

Finally, while you will retain all rights to any underlying Content contained in any Work you create using the RVA Generator, you agree to grant to Venture Richmond a perpetual, irrevocable, non-exclusive, sublicensable, fully-paid up, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute any underlying Content contained in such Work solely as part of that Work. This license does not grant RVACreates.com or Venture Richmond the right to sell your Content.

By granting Venture Richmond these rights, RVACreates.com and Venture Richmond will be able to ensure that the use of any Works you create using the RVA Generator is governed by the Creative Commons license on the Site and, in keeping with the intent of the RVA Downtown Initiative, that such Works will be widely and freely distributed and used to help promote the creativity and innovation of Richmond.

b. Other Content Submitted to the Site

For Content submitted to the Site but not submitted for use with the RVA Generator (e.g. poems, short stories, comments, etc.), neither RVACreates.com nor Venture Richmond claim ownership rights in such Content. After posting such Content to the Site, you continue to retain all ownership rights in such Content and continue to have the right to use it in any way you choose. By submitting such Content to the Site, however, you hereby grant to Venture Richmond a non-exclusive, sublicensable, fully–paid up, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on the Site. You are free to license this particular Content to anyone else in addition to Venture Richmond.

This license enables RVACreates.com to provide many of the Services desired by Visitors and Subscribers on the Site. Unlike the license we require for Content used in connection with the RVA Generator, this license will terminate at the time you decide to unsubscribe or remove your Content from the Site.

c. Prohibited Content

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains pornography, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 13;
  • promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • includes an image or photograph of another person that you have posted without that person's consent;
  • includes the medical/health/genetic records of individuals from whom no authorization to post such information has been obtained.

d. Prohibited Activities

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • covering or obscuring the banner advertisements on your online personal profile page, or any page of the Site via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add Subscribers or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; (add a line space)
  • attempting to impersonate another Subscriber or person;
  • using the username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your Subscriber information;
  • selling or otherwise transferring your Subscriber information;
  • using any information obtained from the Services in order to harass, abuse, or harm another person;
  • using the Services in a manner inconsistent with any and all applicable laws and regulations.

e. Removal of Subscribers and Subscriber Content

RVACreates.com may remove any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. RVACreates.com may also remove Subscribers and prevent their further access to the Site for violating this Agreement or the law. RVACreates.com also reserves the right to investigate and take appropriate legal action against anyone who, in RVACreates.com's sole discretion, violates in subsections (c) and (d) of this section, including without limitation, reporting such violations to law enforcement authorities. The violation of any of the terms and conditions in this Agreement will result in the immediate revocation of your right or license to use the Site Material and Works you create and obligates you to immediately destroy any copies of the Site Material or Works in your possession.

Despite the prohibitions in subsections (c) and (d) of this Section, Content provided by other RVACreates.com Subscribers may contain inaccurate, inappropriate, offensive or sexually explicit material, products, services or activities, and RVACreates.com assumes no responsibility for monitoring the Site or Services for inappropriate Content or conduct. If at any time RVACreates.com chooses, in its sole discretion, to monitor the Site or Services, RVACreates.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Subscriber or Visitor submitting any such Content.

If you observe activities by any person that are in breach of this Agreement, please contact Alexander Dahm at adahm@venturerichmond.com or click on the “Report Terms of Use Violation” link at the bottom of any RVACreates.com page.

f. Privacy/Security of Subscriber Content

While we encourage you to post Content on the Site that you would like to share with the general public and other Subscribers in accordance with RVACreates.com’s above stated purpose, you must choose carefully the Content you choose to post. You are solely responsible for the Content that you post on the Site and any material or information that you transmit to other Visitors and Subscribers.

RVACreates.com assumes no responsibility for the use or misuse of any Content you post on the Site. RVACreates.com has no obligation to use, or solicit/enable others to use, for any purpose, any Content you post on the Site.

Content is not reviewed by RVACreates.com prior to posting and does not reflect the opinions or policies of RVACreates.com or Venture Richmond. RVACreates.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Subscribers. RVACreates.com cannot be responsible for the security or privacy of your Content, nor does RVACreates.com guarantee the security or privacy of your Content. For more information, see our Privacy Policy.

g. Retention of Subscriber Content

Except for Content you submit that is perpetually licensed to Venture Richmond, RVACreates.com shall retain any Content you post on the Site as long as you are a Subscriber unless RVACreates.com determines that such Content violates this Agreement or until you decide to remove such Content. Content posted on the Site that RVACreates.com believes violates this Agreement will be immediately and permanently deleted. Your removal as a Subscriber, whether done by you or RVACreates.com, will result in the immediate and permanent deletion of any Content you have posted on the Site unless you have shared your Content with others and they have not deleted it or such Content has been perpetually licensed to Venture Richmond. You understand that backup copies of deleted Content may persist for a reasonable period of time in backup copies but will not be available to others.

V. Compliance With Laws

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

VI. Communications With You

RVACreates.com may communicate with you via email regarding your use of the Site, your submission of Content, about RVA Creates or about Richmond. You agree to receive emails from RVACreates.com, or its designee, necessary for the normal functioning of the Site or in connection with the Services.

VII. Limitation of Liability

You understand and agree that RVACreates.com and Venture Richmond will not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use material on this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not RVACreates.com or Venture Richmond is advised of the possibility of such damages.

VIII. Disclaimer of Warranties

Although RVACreates.com strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. RVACreates.com and Venture Richmond cannot be responsible for the violation of these terms by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading Content submitted by other Visitors or Subscribers. RVACreates.com and Venture Richmond makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using the Site or from relying on its material. YOU USE THE SITE, THE RVACREATES.COM SERVICES AND THE SITE MATERIAL AT YOUR OWN RISK.

The Site may contain links to other websites. RVACreates.com and Venture Richmond are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by RVACreates.com or Venture Richmond. Inclusion of any linked website on the Site does not imply approval or endorsement by RVACreates.com of the linked website. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. Neither RVACreates.com nor Venture Richmond is responsible for the conduct, whether online or offline, of any Subscriber or Visitor using the Site or the Services.

RVACreates.com and Venture Richmond do not warrant that (i) the Site will operate error-free (ii) the Site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the Services will meet your expectations (iv) the Site will operate in perpetuity. RVACREATES.COM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY VISITOR OR SUBSCRIBER COMMUNICATION. RVACREATES.COM AND VENTURE RICHMOND ARE NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO A VISITOR’S OR SUBSCRIBER’S COMPUTER OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES. Under no circumstances shall RVACreates.com, Venture Richmond or their officers, directors, employees or agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Services, from any Content posted on the Site or through the Services, or from the conduct of any Subscriber or Visitor using the Site or the Services, whether online or offline. If your posting of Content and use of the Site or the Site Material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data, and submitted Content, neither RVACreates.com nor Venture Richmond will be responsible for those costs or expenses.

YOUR USE OF THIS SITE, THE SITE MATERIAL AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RVACREATES.COM AND VENTURE RICHMOND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

IX. Indemnity

By using the Site, the Site Materials and the Services, you agree to defend, indemnify, and hold harmless RVACreates.com, Venture Richmond, and their officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that RVACreates.com or Venture Richmond may become obligated to pay arising or resulting from your use of the Site, the Site Material, the Services, or your breach of this Agreement. RVACreates.com and Venture Richmond reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

X. Governing Law

This Agreement is governed by the substantive laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Virginia with respect to any dispute, disagreement, or cause of action related to or involving the Site, the Site Material or the Services. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, this Agreement constitutes the entire agreement between you, RVACreates.com and Venture Richmond with respect to your use of this Site, the Site Material and the Services.

Please consult our Privacy Policy for additional terms and conditions that apply to your use of and access to the Site.

This document was last updated on February 2, 2011