1.1 Revohloo Studios is the inventor of a platform for interactive multiple version videos and is actively developing the platform for music, entertainment, and advertising (“Revohloo Platform”).
2. WEBSITE ACCESS
2.1 Revohloo Studios grants you a limited, revocable, nonexclusive license to access Revohloo.com for your own personal use.
2.2 In order to access some features of Revohloo.com, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to Revohloo.com, you are required to update that information immediately.
2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Revohloo Studios immediately of any breach of security or unauthorized use of your account. Although Revohloo Studios will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Revohloo Studios or others due to such unauthorized use.
2.4 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that accesses Revohloo.com. You agree not to collect or harvest any personally identifiable information, including account names, from Revohloo.com, nor to use the communication systems provided by Revohloo.com for any commercial solicitation or illegal or improper purposes.
2.5 Notwithstanding the foregoing, Revohloo Studios grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Revohloo Studios reserves the right to revoke these exceptions either generally or in specific cases.
2.8 Consent to Electronic Service. When you use Revohloo.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Revohloo.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES
3.1 The Revohloo.com website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including comments and posts, by you, other users, and other third parties such as our partners or affiliates ("Third Party Submissions").
3.2 Third Party Submissions include, but are not limited to, comments, reviews, photograph submissions, profile submissions, and any other interactive area of Revohloo.com.
3.3 Third Party Submissions may contain the views and opinions of individual content authors. Third Party Submissions are for informational purposes only and do not necessarily reflect the thoughts and opinions of Revohloo Studios or any officer, employee, agent, or affiliate thereof.
3.4 By posting, submitting or uploading a Third Party Submission to any area of Revohloo.com, you automatically grant, and you represent and warrant that you have the right to grant, to Revohloo Studios an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to Revohloo.com, you automatically grant Revohloo Studios all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.
3.5 You acknowledge that the interactive features on Revohloo.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to Revohloo.com. Revohloo Studios cannot guarantee the security of any information you disclose through Revohloo.com. You make such disclosures at your own risk. Revohloo Studios has no obligation to retain or provide you copies of Third Party Submissions
3.6 By posting Third Party Submissions to Revohloo.com or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) 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 material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Revohloo Studios any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to an Event.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
3.7 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to Revohloo.com on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access Revohloo.com to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Revohloo Studios.
3.8 You are and shall remain solely responsible for any and all Third Party Submissions you make through Revohloo.com. You acknowledge that any information you disclose through Revohloo.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on Revohloo.com. Any such disclosures are at your own risk.
3.9 Revohloo Studios does not prescreen Third Party Submissions submitted and Revohloo Studios has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, including Event listings, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Revohloo Studios may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any Revohloo.com forum.
3.10 You acknowledge that by participating in any interactive area on this website, you are granting Revohloo Studios the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Revohloo Studios, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
3.11 You must not describe or assign keywords to your Third Party Submissions in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Revohloo Studios may change or remove any description or keyword that it considers inappropriate or unlawful in Revohloo Studios' sole discretion.
4. LIMITS ON THIRD PARTY SUBMISSIONS - DIGITAL MILLENNIUM COPYRIGHT ACT
4.1 You understand that when using the Revohloo.com website, you will be exposed to Third Party Submissions from a variety of sources, and that Revohloo Studios is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Revohloo Studios with respect thereto, and agree to indemnify and hold Revohloo Studios, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4.2 Revohloo Studios does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Revohloo Studios expressly disclaims any and all liability in connection with Third Party Submissions.
4.3 Revohloo Studios does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Revohloo Studios will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. Revohloo Studios reserves the right to remove Content and Third Party Submissions without prior notice.
4.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Revohloo Studios' designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
8275 S. Eastern Ave., Suite 200-214
Las Vegas, NV 89123
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
4.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Revohloo.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Revohloo.com sole discretion.
5. INTELLECTUAL PROPERTY INFORMATION
5.1 With the exception of Third Party Submissions, all content on the Revohloo.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Revohloo Studios. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through Revohloo.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
5.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Revohloo Studios.
5.3 You further agree not to reproduce, duplicate or copy Content from Revohloo.com without the express written consent of Revohloo Studios, and agree to abide by any and all copyright and other legal notices displayed on Revohloo.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Revohloo.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Revohloo.com.
6. WARRANTY DISCLAIMER
6.1 REVOHLOO.COM, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Revohloo Studios HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 Revohloo Studios MAKES NO WARRANTY THAT: (I) REVOHLOO.COM WILL MEET YOUR REQUIREMENTS, (II) REVOHLOO.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REVOHLOO.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN REVOHLOO.COM WILL BE CORRECTED.
6.3 Revohloo Studios IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY; AND Revohloo Studios WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
6.4 YOU ACKNOWLEDGE THAT Revohloo Studios HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON REVOHLOO.COM, THE TRUTH OR ACCURACY OF ANY THIRD PARTY SUBMISSIONS.
6.5 Revohloo Studios, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO REVOHLOO.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN REVOHLOO.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH REVOHLOO.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING REVOHLOO.COM AND/OR THOSE SERVICES.
7.1 You agree to defend, indemnify and hold harmless Revohloo Studios, its affiliated companies, officers, directors, employees 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:
(a) any Venue item in which you are the buyer or seller;
(b) your use of and access to the Revohloo.com website;
(c) your participation in any interactive area of the Revohloo.com website including forums and Venue any material posted by you thereto.
(e) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(f) your violation of any law, rule or regulation of the United States, any state, or any other country;
(g) any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.
(h) any other party's access and use of Revohloo.com with your account.
9. Governing Law / Disputes
9.1 You agree that the Revohloo.com website shall be deemed solely based in the State of Nevada.
9.2 The Revohloo.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Revohloo Studios, either specific or general, in jurisdictions other than Nevada.
9.4 Disputes. Any dispute, claim or controversy arising out of or relating to the Revohloo.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Revohloo.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
9.5 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Revohloo Studios AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. Assignment / Modification