1. ACCEPTANCE OF TERMS
These terms and conditions ("Terms") govern the use of the RantRave website (the "Website") and all related services provided by RantRave a wholly owned subsidiary of Schatz Mallory Holdings, Inc. (the "Service") and constitute an agreement between you ("You") and RantRave a wholly owned subsidiary of Schatz Mallory Holdings, Inc. ("RantRave"). Your use of the Website, and any new services or functionalities that may be made available by RantRave from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms. RantRave reserves the right to alter or revise these Terms at any time, with the most recent version of the Terms being posted on the Website. It is Your responsibility to check for updates to the Terms. Your continued use of the Website indicates Your acceptance of any and all revised Terms. RantRave reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Website or the Service or remove your Rants, Raves, or Comments hereinafter referred to as "Posts" for any reason.
2. DEFINITIONS AND SERVICE DESCRIPTION
- "Rant": A webpage created via the Website and Service.
- "Rave": A webpage created via the Website and Service.
- "Author": A person that creates Rants and Raves on the Website.
- "Start a Rant": Tool for creating a Rant or Rants.
- "Start a Rave". Tool for creating a Rave or Raves.
- "Service": The services provided by RantRave and via the RantRave Website.
RantRave makes available a Start a Rant/ Start a Rave to create Rants and Raves. The Website hosts and serves the Rants and Raves to users of the Website. RantRave will program portions of the Rants and Raves created by Authors with related information to other Rants and Raves on the Website. A user can read, rate, comment, send Rants and Raves via Email, and search for Rants and Raves.
The Website is automatically programmed by a proprietary Rant and Rave rating system. Low quality Rants and Raves will not be programmed in the Website. Rants and Raves that are determined to be low quality will be removed from the Website.
3. PERMITTED USES
Once You register you may Start a Rant or Rave to become a Author. Only adults (18 years and over) may become Authors. In order to use the Service, You need to have a valid account. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please remove Your Rants and Raves and alert RantRave immediately, by sending an email alert to contact us
or by flagging Rants and Raves.
- You must do Your best to create High Quality Rants and Raves.
- You are solely responsible for the content in Your Rants and Raves including text,
data, images, video and links that You display on Your Rants and Raves with the
- You may respond to emails from direct communications to You from users of the Website.
- You may only use Content to which You have the necessary rights, including (but
not limited to) intellectual property rights regarding copyright, trademark, and
trade secrets. You must have permission to use third party content from the content
You understand and agree that as part of the Service, You may receive certain communications from RantRave, such as account creation confirmations, service announcements, administrative messages and any of the opt-in RantRave newsletters. If You do not want to receive such messages from RantRave, cancel Your account.
4. RESTRICTIONS AND PROHIBITIONS ON USE
In Your use of the Website and Service You must abide by the following restrictions
and prohibitions on use. As a Website user or Author, You may Not:
- Create Rants and Raves that include any Content or links that is pornographic, defamatory,
libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically
objectionable, hateful, promotes or provides instructional information about illegal
activities, or promotes any act of cruelty to animals.
- Use RantRave, the Website or Service to violate any Federal, state or local laws.
Your Rants and Raves must comply with all local laws regarding online conduct and
- Hack the Website or modify any Rants and Raves that are not Your own.
- Link to any worms or viruses or any code of a destructive nature.
- Link to pages or sites that are unrelated to the topic and content of Your Rant
- Remove, decompile, disassemble or reverse engineer any RantRave Software (as defined
below) or use any network monitoring or discovery software to determine the Website
- Create Rants and Raves in breach of a confidentiality or fiduciary obligation You
- Attempt to automatically redirect Website users to other domains, mislead users
of the origins of the Content contained in Your Rants and Raves, or use Your Rants
and Raves as storage for remote loading or to a website outside of the Website.
- Impersonate another Author or any representative or employee of RantRave.
- Disrupt the RantRave Service, or any servers by embedding code in the Rants and
Raves or otherwise attacking the Service.
- Create Rants and Raves for any illegal activities or to promote or make solicitations
for any illegal or unauthorized activity.
- Spam any Authors or mass email any Author in an automated fashion.
- Collect personal identifiable information about the users of Your Rants and Raves
and sell or transfer that information.
- Use any automatic or manual process to harvest email addresses or other information
from the Website.
- Harass, threaten or intimidate Authors or others who use the Service.
- Create Rants and Raves written primarily in a language other than English.
- Promotes gambling or links to sites that promote/offer gambling for money.
- Contains misleading tags and/or titles that don't match the Rants and Raves content,
including irrelevant/excessive tagging.
- Is overly promotional, including excessive linking to any one site or domain.
- Engage in behavior designed to manipulate the proprietary Rant and Rave rating system.
5. DISCONTINUATION OR MODIFICATION OF THE SERVICE
RantRave reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof, without liability to You or any third party. In addition, RantRave, in its sole discretion, may terminate Your password, account or use of or access to the Service (including Impression services), and remove and delete any Rants and Raves or Content, for any reason.
6. PROPRIETARY RIGHTS CONTENT OWNERSHIP
The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by RantRave or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website and Service are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as expressly allowed herein, is strictly prohibited. RantRave may at any point make additional software and tools available to Authors in connection with the Service (“Additional Software”). Authors who incorporate such Additional Software into their Rants and Raves may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
As an Author, You will be able to incorporate different types of content into Your Rants and Raves ("Content"). You shall not upload, post or otherwise make available on RantRave any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
If you post Rant or Rave Content to the Website, you grant RantRave and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Rant or Rave Content throughout the world in any media.
RantRave may preserve and store Content, and may also disclose Content if required to do so by law or if RantRave believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RantRave, its users and the public.
RantRave cannot guarantee the accuracy, integrity or quality of such Content. RantRave does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in a Rant or Rave for any reason, including Content that may violate these Terms, or that is otherwise objectionable. RantRave also cannot take responsibility for anything that Your Rant or Rave users may do in reliance on the Content You post in Your Rants and Raves.
You grant RantRave and its affiliates and sub-licensees the right to use the name that you submit in connection with such Rant or Rave, if we choose. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant RantRave the right to edit, copy, publish and distribute any material made available on RantRave by You.
7. TRADEMARKS AND SERVICE MARKS
"RantRave," "Start a Rant", "Start a Rave", "Rant", and "Rave" are RantRave service marks or trademarks. Other product and company names mentioned on the Website may be the trademarks of their respective owners.
8. WARRANTIES & DISCLAIMERS
a) THE WEB SITE, THE WEB SITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RANTRAVE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE WEB SITE EVEN IF RANTRAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RANTRAVE DOES NOT REPRESENT OR WARRANT THAT WEB SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE WEB SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RantRave will take reasonable steps to assure that its Web Site and servers are free of viruses, spyware, malware and other harmful components, but it is impossible to guarantee that the Web Site and servers will always be free of harmful components. Therefore RANTRAVE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. You should use industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any downloads. While RantRave endeavors to allow others to provide useful information, you acknowledge that such information is reliant upon those third parties, not RantRave, and such contributions may be incomplete or may contain inaccuracies. RantRave is not responsible for errors or omissions in any information or materials contained on the Web Site. You should independently verify the accuracy of any information you obtain on the Web Site before using it. You agree to be solely responsible for your use of the content found on this Web Site, the Web Site Materials and the Services. RantRave reserves the right to change any and all content contained in the Web Site and any Services offered through the Web Site at any time without notice.
b) IN NO EVENT SHALL RANTRAVE OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE WEB SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RANTRAVE OR THE WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RANTRAVE'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF RANTRAVE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEB SITE OR THE WEB SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RANTRAVE FOR ACCESS TO OR USE OF THE WEB SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
c) Other Rights. This warranty gives you specific legal rights. You may have other rights which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.
RantRave may disclose to third parties certain aggregate information contained in
Your registration data or related data. Google Adsense may make use of behavior
website surfing and use the data in an ad targeting engine. RantRave will only disclose
personally identifying information as authorized by You or in the good faith belief
that such action is reasonably necessary to comply with the law, legal process,
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service, other than through
the display and use of Your Rants and Raves.
You agree to indemnify, defend and hold RantRave and its partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information, attorneys, advertisers and affiliates harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related to your violation
of these Terms or use of the Website.
THE WEBSITE AND SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", WITH "ALL FAULTS",
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. RANTRAVE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
13. LIMITATION OF LIABILITY
You expressly understand and agree that RantRave will not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if advised of the possibility of such damages), resulting from the
use or the inability to use the Service or Website, unauthorized access to or alteration
of Your Rants and Raves, Content transmissions or data, statements or conduct of
any third party on the Service, or any other matter relating to the Service. RantRave
also will not be liable for any loss or damage arising from Your failure to comply
with the provisions of these Terms.
14. COPYRIGHTS AND COPYRIGHT AGENTS
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, RantRave has adopted a policy of terminating, in appropriate circumstances
and at RantRave's sole discretion, subscribers or account holders who are deemed
to be repeat infringers. RantRave may also at its sole discretion limit access to
the Web Site and/or terminate the accounts of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
If you believe that any material on the Web Site infringes upon any copyright which
you own or control, you may file a notification of such infringement with our Designated
Agent as set forth below.
To be effective, a notification of claimed infringement must be a written communication
provided to the designated agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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.
(iv) Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of
a general notice on the Web Site, electronic mail to a user's email address in our
records, or by written communication sent by first-class mail to a user's address
in our records.
If you are a user who posted material that was removed in response to a notice of
infringement, and you believe that the material was removed due to mistake, false
statements or misidentification, you may request that we replace the posting by
sending us a counter notice as follows.
To be effective, a counter notification must be a written communication provided
to RantRave’s designated agent listed above that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was removed
or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a statement that the
subscriber consents to the jurisdiction of Federal District Court for the judicial
district in which the address is located, or if the subscriber's address is outside
of the United States, for any judicial district in which the service provider may
be found, and that the subscriber will accept service of process from the person
who provided copyright infringement notification in accordance with this paragraph
or an agent of such person.
Any person who knowingly materially misrepresents under this section —
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or false statement
shall be liable for any damages, including costs and attorneys' fees, incurred by
the alleged infringer, by any copyright owner or copyright owner's authorized licensee,
or by a service provider, who is injured by such misrepresentation, as the result
of the service provider relying upon such misrepresentation in removing or disabling
access to the material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.
to report Copyright Violations
Do not send any inquiries unrelated to copyright infringement to the contact listed
above. You will not receive a response if you do.
15. GOVERNING LAW
By using this Web Site, you agree that this Web Site shall be deemed solely based
in Washington and this Web Site shall be deemed a passive website that does not
give rise to personal jurisdiction over RantRave , either specific or general, in
jurisdictions other than the state of Washington. You also agree that this Web Site
is governed by and construed in accordance with the laws of the State of Washington,
United States of America, without regard to principles of conflicts of laws, and
that exclusive Venue and Jurisdiction for any action relating to this Agreement
shall be properly laid in the Superior Court of Washington for King County, or in
the United States District Court for the Western District of Washington at Seattle.
16. ENTIRE AGREEMENT
incorporated by reference in these Terms or entered into between You and RantRave
in connection with Your registration as a Author, constitute the entire agreement
between You and RantRave and govern Your use of the Service, superseding any prior
agreements between You and RantRave. You also may be subject to additional terms
and conditions that may apply when You use affiliate or other RantRave services
(such as Impression services), third-party content or third-party software.
The failure of RantRave to exercise or enforce any right or provision of the Terms
will not constitute a waiver of such right or provision.
18. DISPUTE RESOLUTION
If a dispute arises during your use of the Service or Website or under these Terms,
You agree to abide by the RantRave dispute resolution principles by proceeding in
this order of dispute resolution, only proceeding to the next step if the previous
step has not resolved the issue satisfactorily.
- Send an email to RantRave at: contact us describing the
nature of the issue.
- Send RantRave a letter by registered mail, outlining in detail the problem, steps
taken and matters remaining to be resolved to: 20728 56th Ave W. Lynnwood, WA 98036.
- If, after two weeks, the matter has not been resolved, You agree to submit to binding
arbitration, to be conducted by a member of the American Arbitration Association,
in Seattle, WA, at Your expense. If You win, RantRave will pay the arbitration expenses
and Your reasonable attorney's fees. If RantRave wins, You agree to do the same
By accepting these terms, You waive Your right to go to court, to have a jury trial
or to participate in a class action lawsuit. You also agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms must brought under this dispute resolution policy
within one (1) year after such claim or cause of action arose or be forever barred.
19. USER IS RESPONSIBLE FOR HIS OR HER CONTENT
All of the information, commentary and links published in Rants and Raves on this
Web Site are being provided for entertainment purposes only. Any view, opinion and
other information expressed in the Rants and Raves are those of the individual posting
the content, and do not necessarily represent the views and opinions of RantRave.
Google, and Adsense are the trademarks of Google, Inc.