Terms of Service
The following terms and conditions govern all use of the rcorp.xyz
website and all content, services and products available at or through
the website (taken together, the Website). The Website is owned and
operated by R Corp. ("R."). The Website is offered subject to your
acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including,
without limitation, R.'s Privacy Policy) and procedures that may be
published from time to time on this Site by R. (collectively, the
"Agreement").
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and
conditions are considered an offer by R., acceptance is expressly
limited to these terms. The Website is available only to individuals
who are at least 13 years old.
-
Your rcorp.xyz Account and Site.
If you create a blog/site on the Website, you are responsible for
maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any
other actions taken in connection with the blog. You must not
describe or assign keywords to your blog in a misleading or unlawful
manner, including in a manner intended to trade on the name or
reputation of others, and R. may change or remove any description or
keyword that it considers inappropriate or unlawful, or otherwise
likely to cause R. liability. You must immediately notify R. of any
unauthorized uses of your blog, your account or any other breaches
of security. R. will not be liable for any acts or omissions by You,
including any damages of any kind incurred as a result of such acts
or omissions.
-
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the
Website, post links on the Website, or otherwise make (or allow any
third party to make) material available by means of the Website (any
such material, "Content"), You are entirely responsible for the
content of, and any harm resulting from, that Content. That is the
case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
-
the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to
the copyright, patent, trademark or trade secret rights, of any
third party;
-
if your employer has rights to intellectual property you create,
you have either (i) received permission from your employer to
post or make available the Content, including but not limited to
any software, or (ii) secured from your employer a waiver as to
all rights in or to the Content;
-
you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
-
the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
-
the Content is not spam, is not machine- or randomly-generated,
and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the
search engine rankings of third party sites, or to further
unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
-
the Content is not pornographic, does not contain threats or
incite violence towards individuals or entities, and does not
violate the privacy or publicity rights of any third party;
-
your blog is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited promotional
methods;
-
your blog is not named in a manner that misleads your readers
into thinking that you are another person or company. For
example, your blog's URL or name is not the name of a person
other than yourself or company other than your own; and
-
you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses
and effects of the materials, whether requested to do so by R.
or otherwise.
By submitting Content to R. for inclusion on your Website, you
grant R. a world-wide, royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish the Content solely for the
purpose of displaying, distributing and promoting your blog. If
you delete Content, R. will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references
to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, R.
has the right (though not the obligation) to, in R.'s sole
discretion (i) refuse or remove any content that, in R.'s
reasonable opinion, violates any R. policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and
use of the Website to any individual or entity for any reason, in
R.'s sole discretion. R. will have no obligation to provide a
refund of any amounts previously paid.
-
Payment and Renewal.
-
General Terms.
By selecting a product or service, you agree to pay R. the
one-time and/or monthly or annual subscription fees indicated
(additional payment terms may be included in other
communications). Subscription payments will be charged on a
pre-pay basis on the day you sign up for an Upgrade and will
cover the use of that service for a monthly or annual
subscription period as indicated. Payments are not refundable.
-
Automatic Renewal.
Unless you notify R. before the end of the applicable
subscription period that you want to cancel a subscription, your
subscription will automatically renew and you authorize us to
collect the then-applicable annual or monthly subscription fee
for such subscription (as well as any taxes) using any credit
card or other payment mechanism we have on record for you.
Upgrades can be canceled at any time by submitting your request
to R. in writing.
-
Services.
-
Fees; Payment. By signing up for a Services
account you agree to pay R. the applicable setup fees and
recurring fees. Applicable fees will be invoiced starting from
the day your services are established and in advance of using
such services. R. reserves the right to change the payment terms
and fees upon thirty (30) days prior written notice to you.
Services can be canceled by you at anytime on thirty (30) days
written notice to R..
-
Support.
If your service includes access to priority email support.
"Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts
by R. to respond within one business day) concerning the use of
the VIP Services. "Priority" means that support takes priority
over support for users of the standard or free rcorp.xyz
services. All support will be provided in accordance with R.
standard services practices, procedures and policies.
-
Responsibility of Website Visitors.
R. has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot
therefore be responsible for that material's content, use or
effects. By operating the Website, R. does not represent or imply
that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible
for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that
is offensive, indecent, or otherwise objectionable, as well as
content containing technical inaccuracies, typographical mistakes,
and other errors. The Website may also contain material that
violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated. R. disclaims
any responsibility for any harm resulting from the use by visitors
of the Website, or from any downloading by those visitors of content
there posted.
-
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material,
including computer software, made available through the websites and
webpages to which rcorp.xyz links, and that link to rcorp.xyz. R.
does not have any control over those non-R. websites and webpages,
and is not responsible for their contents or their use. By linking
to a non-R. website or webpage, R. does not represent or imply that
it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or
destructive content. R. disclaims any responsibility for any harm
resulting from your use of non-R. websites and webpages.
-
Copyright Infringement and DMCA Policy.
As R. asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe
that material located on or linked to by rcorp.xyz violates your
copyright, you are encouraged to notify R. in accordance with R.'s
Digital Millennium Copyright Act ("DMCA") Policy. R. will respond to
all such notices, including as required or appropriate by removing
the infringing material or disabling all links to the infringing
material. R. will terminate a visitor's access to and use of the
Website if, under appropriate circumstances, the visitor is
determined to be a repeat infringer of the copyrights or other
intellectual property rights of R. or others. In the case of such
termination, R. will have no obligation to provide a refund of any
amounts previously paid to R..
-
Intellectual Property.
This Agreement does not transfer from R. to you any R. or third
party intellectual property, and all right, title and interest in
and to such property will remain (as between the parties) solely
with R.. R., rcorp.xyz, the rcorp.xyz logo, and all other
trademarks, service marks, graphics and logos used in connection
with rcorp.xyz, or the Website are trademarks or registered
trademarks of R. or R.'s licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants
you no right or license to reproduce or otherwise use any R. or
third-party trademarks.
-
Advertisements.
R. reserves the right to display advertisements on your blog unless
you have purchased an ad-free account.
-
Attribution.
R. reserves the right to display attribution links such as 'Blog at
rcorp.xyz,' theme author, and font attribution in your blog footer
or toolbar.
-
Partner Products.
By activating a partner product (e.g. theme) from one of our
partners, you agree to that partner's terms of service. You can opt
out of their terms of service at any time by de-activating the
partner product.
-
Domain Names.
If you are registering a domain name, using or transferring a
previously registered domain name, you acknowledge and agree that
use of the domain name is also subject to the policies of the
Internet Corporation for Assigned Names and Numbers ("ICANN"),
including their
Registration Rights and Responsibilities.
-
Changes. R. reserves the right, at its sole
discretion, to modify or replace any part of this Agreement. It is
your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Website following
the posting of any changes to this Agreement constitutes acceptance
of those changes. R. may also, in the future, offer new services
and/or features through the Website (including, the release of new
tools and resources). Such new features and/or services shall be
subject to the terms and conditions of this Agreement.
-
Termination. R. may terminate your access to all or
any part of the Website at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate this
Agreement or your rcorp.xyz account (if you have one), you may
simply discontinue using the Website. Notwithstanding the foregoing,
if you have a paid services account, such account can only be
terminated by R. if you materially breach this Agreement and fail to
cure such breach within thirty (30) days from R.'s notice to you
thereof; provided that, R. can terminate the Website immediately as
part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall
survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
-
Disclaimer of Warranties.
The Website is provided "as is". R. and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither R.
nor its suppliers and licensors, makes any warranty that the Website
will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Website at your own
discretion and risk.
-
Limitation of Liability.
In no event will R., or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages; (ii) the cost
of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to R. under this agreement
during the twelve (12) month period prior to the cause of action. R.
shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to
the extent prohibited by applicable law.
-
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be
in strict accordance with the R. Privacy Policy, with this Agreement
and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state,
city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or
the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights
of any third party.
-
Indemnification.
You agree to indemnify and hold harmless R., its contractors, and
its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses,
including attorneys' fees, arising out of your use of the Website,
including but not limited to your violation of this Agreement.
-
Miscellaneous.
This Agreement constitutes the entire agreement between R. and you
concerning the subject matter hereof, and they may only be modified
by a written amendment signed by an authorized executive of R., or
by the posting by R. of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of the
state of Sao Paulo, Brazil, excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts
located in Sao Paulo, Sao Paulo. Except for claims for injunctive or
equitable relief or claims regarding intellectual property rights
(which may be brought in any competent court without the posting of
a bond), any dispute arising under this Agreement shall be finally
settled in accordance with the Comprehensive Arbitration Rules of
the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by
three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in Sao Paulo, Sao Paulo, in the English
language and the arbitral decision may be enforced in any court. The
prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys' fees. If any
part of this Agreement is held invalid or unenforceable, that part
will be construed to reflect the parties' original intent, and the
remaining portions will remain in full force and effect. A waiver by
either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may assign your
rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms and conditions; R. may assign its
rights under this Agreement without condition. This Agreement will
be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.