Policies

RBN XFACTOR is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, RBN XFACTOR hereby adopts this Ambassador Policy (this “Policy”).
This Policy applies to all RBN XFACTOR independent contractors, brand ambassador, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of RBN XFACTOR, whether they are engaged by RBN XFACTOR directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Ambassadors”).
This Policy is intended to outline the policies and procedures of RBN XFACTOR with respect to any and all advertising messages or promotional communications made by Ambassadors. It is also intended to address endorsements and testimonials made by Ambassadors about RBN XFACTOR, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Ambassadors are legally responsible for their opinions, comments and content. Individual Ambassadors can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to RBN XFACTOR, its suppliers/partners or any other person or entity. For these reasons, Ambassadors should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.
In addition, Ambassadors should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.

Standards Of Conduct

With respect to statements or other claims made in advertising messages or promotional communications about RBN XFACTOR and/or its products or services, Ambassadors must adhere to the following principles:

  1. Ambassadors may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. RBN XFACTOR encourages these statements to be in the first person. Ambassadors may not make statements about experiences with a product that they have not personally tried, examined or evaluated.
  2. Ambassadors by organizations must reflect the collective judgment of the organization, as approved by senior management.
  3. Ambassadors may not make deceptive or misleading claims about RBN XFACTOR’s products or services, or RBN XFACTOR’s competitors’ products or services, to consumers.
  4. Ambassadors may not make any claims about RBN XFACTOR’s products or services, or RBN XFACTOR’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Brand Ambassador does not have).
  5. Ambassadors may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.
  6. Ambassadors may not offer for sale, or solicit, products or services on behalf of RBN XFACTOR.
  7. Ambassadors may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about RBN XFACTOR or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.
  8. Ambassadors may not use ethnic slurs, personal insults, obscenity, or other offensive language.
  9. Ambassadors may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving RBN XFACTOR’s customers or other individuals.
  10. Ambassadors may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.
  11. Ambassadors must adhere to the legal conditions on RBN XFACTOR’s web site and the posting guidelines and Terms of Use on any web site on which they post content on behalf of RBN XFACTOR.
  12. Ambassadors must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.
  13. Ambassadors that are also employees of RBN XFACTOR must also adhere to any and all guidelines provided by RBN XFACTOR to its employees with respect to social media and related matters.
  14. Ambassadors must adhere to any specific additional guidelines provided by RBN XFACTOR.
  15. Ambassadors must always use sound judgment and common sense.

CCPA defines personal information very broadly as information about a California resident that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Since we are based in California, CCPA affects RBN XFACTOR. You have the right for data security from us for standard items such as your Social Security, driver license and passport numbers, as well as items such as purchasing history, internet activity, geolocation data, professional or employment-related information, and inferences drawn. Please note that Publicly available information is excepted since it is available through government offices.

Upon request from you, the consumer, we will disclose information about Your personal information, including what is being collected, sold or disclosed; the source of that information; the business purposes for collecting or selling it; and the categories of third parties with which the information is shared. You have the right to access a copy of your personal information “in a readily useable format that allows you to transmit [the] information from one entity to another entity without hindrance.” You have a data portability right, since you can migrate your personal information from one service.

You also have the right to opt out of the sale of your personal information through a clear and relevant privacy policies. At RBN XFACTOR, We do not allow discrimination against consumers with respect to prices or services.

At RBN XFACTOR we are guided by the following code of conduct:

Inclusion

We welcome and support people of all backgrounds and identities. This includes, but is not limited to members of any sexual orientation, gender identity and expression, race, ethnicity, culture, national origin, social and economic class, educational level, color, immigration status, sex, age, size, family status, political belief, religion, and mental and physical ability.

Respect

We won’t all agree all the time, but disagreement is no excuse for disrespectful behavior. We will all experience frustration from time to time, but we cannot allow that frustration become personal attacks. An environment where people feel uncomfortable or threatened is not a productive or creative one and is not allowed at RBN XFACTOR.

Good Conduct

Choose your words carefully when using RBN XFACTOR platform. Always conduct yourself professionally. Do not insult or put down others. Harassment and exclusionary behavior aren’t acceptable. This includes, but is not limited to: – Threats of violence. – Discriminatory jokes and language. -Sharing sexually explicit or violent material via electronic devices or other means. – Personal insults, especially those using racist or sexist terms. – Unwelcome sexual attention.  Advocating for, or encouraging, any of the above behavior.

Introduction

RBN XFACTOR is committed to protecting your privacy. We aim to provide trustworthy services so that you can focus on building meaningful connections. Our approach to privacy is to provide you with clear information about our data practices.

What are cookies?

Cookies are small text files that are sent to or accessed from your web browser or your device’s memory.  A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your device, such as user settings, browsing history and activities conducted while using our services.

What do we use cookies for?

Like most providers of online services, we use cookies to provide, secure and improve our services, including by remembering your preferences, recognizing you when you visit our website and personalizing and tailoring ads to your interests. To accomplish these purposes, we also may link information from cookies with other personal information we hold about you. 

How can you control cookies?

There are several cookie management options available to you. Please note that changes you make to your cookie preferences may make browsing our website a less satisfying experience. In some cases, you may even find yourself unable to use all or part of our site.

Browser and devices controls

Some web browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer.  The procedure for managing cookies is slightly different for each internet browser. You can check the specific steps in your particular browser help menu.

You also may be able to reset device identifiers by activating the appropriate setting on your device.

 

This is the official copyright policy (the “Copyright Policy”) for RBN XFACTOR or its affiliates (“us” or “we”), in connection with the websites we operate (each, a “Site”). RBN XFACTOR respects the rights of others and we expect users of our websites and services to do the same. This Copyright Policy prohibits the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

This Copyright Policy is a part of the terms and conditions which are set forth in our website. Any terms that are not defined in this Copyright Policy shall have the meaning given in the Terms. Both the Terms and this Copyright Policy are legally binding on all users.

How to File an Infringement Notification.

If you have evidence, know, or have a good faith belief that content residing on or accessible through our websites or Internet services infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by regular mail with the information that sets forth the items specified below.

To expedite our ability to process your request, please use the following format:

  • Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit RBN XFACTOR to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say entire work ONLY if all assets / pages in a collection/document are infringing.
  • Include details of your claim to the material, or your relationship to the material’s copyright holder.
  • Provide your full name, address, and telephone number should we need to clarify your claim.
  • Provide a working email address where we can contact you to confirm your claim.

 

DISCLAIMER POLICY

User Agreement

The www.failwise.co website is offered to you conditioned on your acceptance of this disclaimer policy contained herein.  Your use of the www.failwise.co website establishes your agreement to all such terms, conditions, and notices.

Warning

Only FailWise, LLC and its Mother Company Scipreneur Private Limited, New Delhi, India may offer services provided through the FailWise platform.  Such services are subject to limitations on liability and warranties.  FailWise only authorizes representations made directly by FailWise.  Although we will keep an eye on the contents on our platform we do not guarantee on relevance, timeliness or completeness of information contained in the website contents.
Proprietary rights

The design of the www.failwise.co website and platform and all information contained herein are owned by FailWise and protected by copyright, trademark, and other proprietary rights.  “FailWise” is a registered service/trademarks of FailWise.  The contents and concept of FailWise may not be used in whole or in part in any manner without the prior written consent of FailWise. FailWise cannot and does not authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.
Disclaimer

While it is believed that the contents of this website are accurate and reliable, accuracy and completeness of information contained herein is not guaranteed.  In addition, FailWise shall not be liable for any delay in keeping information contained on the website current.  FailWise specifically disclaims all warranties, express or implied, with the exception of those contained in its executed agreements with Users that engage FailWise for specific products or services.

The information provided on the website may not be suitable for all persons; it should not be relied upon in connection with a particular decision and is neither intended to be, nor should it be construed as, an offer, recommendation.  

Links to External Sites

All links to external websites found linked from FAILWISE social media sites are provided as a service and convenience to readers. Please understand that FailWise Does not endorse the organizations sponsoring linked websites or the views they express or the products/services they offer. FailWise makes no representation concerning the content, quality, timeliness, safety or suitability of their contents, nor are we liable for the content or availability of external websites. FAILWISE and its member clubs make no endorsement, expressed or implied, to any hypertext links, and as such are not responsible for the content of external Web sites. You participate at your own risk, and are responsible for the content you post and all activity that occurs under your accounts. FailWise does not permit misrepresentation of identity or taking on the identity of someone else while using this social media platform. If you feel that someone has misrepresented your identity on a site, please email us and we’ll look into it as soon as possible. If you do not wish to have the information you have made available via a site used, published, copied and/or reprinted in social media, please do not post on our pages or submit comments or feedback.

If another party makes a claim against FAILWISE that is related to the comments you submit, or to your use of this service, you agree to indemnify and hold FAILWISE, its member clubs and each of their subsidiaries, officers, agents, employees, partners and licensors harmless from those claims or demands. No communication to FAILWISE through this social media shall be deemed to constitute legal or official notice for any purpose. Please ensure you read the privacy statements and terms and conditions for additional information on what information is collected and used by is.

Liability disclaimer

The information, software, products, and services included in or available through the FailWise website may include inaccuracies or typographical errors.  Changes are periodically added to the information herein.  FailWise and/or its suppliers may make improvements and/or changes in the www.failwise.co website at any time.  

FailWise and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the www.failwise.co website for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.  FailWise and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall FailWise and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the www.failwise.co website, with the delay or inability to use the www.failwise.co website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the www.failwise.co website, or otherwise arising out of the use of the www.failwise.co website, whether based on contract, tort, negligence, strict liability or otherwise, even if FailWise or any of its suppliers has been advised of the possibility of damages.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the www.failwise.co website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the www.failwise.co website.

FailWise is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.

Comments

While FailWise makes reasonable efforts to monitor and moderate content posted on its social media platforms, neither FailWise nor its employees or other affiliated individuals have the ability to moderate all comments at all times and cannot always respond immediately to online requests for information. FailWise reserves the sole right to review, edit and/or delete any comments it deems inappropriate. Comments including, but not limited to, the following may be deleted or edited if deemed inappropriate or irrelevant by the moderators:

  • Abusive or hurtful comments about a user or another participant
  • Off-topic and redundant comments (this includes promotion or solicitation of events, groups, pages, websites, organizations, products and programs not related to or affiliated with FAILWISE)
  • Comments that use foul language or “hate speech” (for example, including but not limited to racial, ethnic or gender-bashing language)
  • Personal attacks or defamatory statements or comments (i.e., making negative personal, speculative or untrue comments about a participant), instead of just criticizing his/her posting, opinion or comments
  • Comments that violate the privacy of any individual;
  • Comments that are derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups
  • Content that defames, misrepresents or contains disparaging remarks about other people, products or companies
  • Comments that suggest or encourage illegal activity
  • Comments that reference any claims or share personal, account or policy information
  • Comments or links to sites that contain viruses or malicious software

No unlawful or prohibited use

As a condition of your use of the Www.failwise.co website, you warrant to FailWise that you will not use the www.failwise.co website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the www.failwise.co website in any manner which could damage, disable, overburden, or impair the www.failwise.co website or interfere with any other party’s use and enjoyment of the www.failwise.co website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Www.failwise.co websites.

THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE SITE (“FAILWISE CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS AND ARE NOT FOR RESALE.  FOR THE AVOIDANCE OF DOUBT, USE OF THE WWW.FAILWISE.CO WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL THE FAILWISE CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF FAILWISE.

Exchange Policy

RBN XFACTOR eCommerce store does not accept exchanges unless the item you purchased is defective. If you receive a defective item, please contact us within 7 days to via email with details of the product and photos showing the defect.

How the exchange work

If you realize the item is defect, please contact our customer service team to get started with the exchange process. Our customer service team will guide you on what to do. For the exchange to work, it is important to send the item in its original packaging. You should also pack the item carefully so that it will not be damaged during the shipping process. Remember to include a copy of the packing slip.

Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to an exchange as a result of the defect. If you are entitled to an exchange, we will replace the defective product at minimal expense. Please note that you are not entitled to a refund for the defect/damaged item. Kindly refer to our no-refund policy, should you have questions.

Sometimes, RBN XFACTOR might give “quote of the day” that relates to health information. Such information contained on this Website is not intended as, and shall not be understood or construed as, medical or health advice. While this is a good act, the information contained on this Website should not be a substitute for medical or health advice from a professional.

We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a medical or health professional to address your particular information. The Company expressly recommends that you seek advice from a professional.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.

No Refund Policy

At RBN XFACTOR, we strive to provide extraordinary services. If you are not satisfied with any product/service provided whether.

Please note that there is no refund of any kind of products or services offered in our merchant or/and kick-starter donation campaign.  

You cannot cancel the payments at any time. By using the RBN XFACTOR services you agree to forfeit the right to a refund as described above.

Additionally, you acknowledge that you will have no right (express or implied) to use any concepts or other work product, content, or media, nor will you have any ownership interest in or to the same. Please note that we do not give any refunds. We only exchange damaged/defect items. Kindly refer to our exchange policy.

Shipments Policy

Thank you for visiting and purchasing products/services from RBN XFACTOR. Following are the terms and conditions that constitute our Shipping Policy.

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

Returns can only be made after approval by the company. Returns only constitutes of  damaged items. If you should need to get an exchange from a defect order, you will allow 10 business days from the day your package is received for your exchange to be processed. The reason for this is that each provider might be in a different location and it will always depend on location for each delivery.

TERMS AND CONDITIONS

Welcome to RBN XFACTOR website (the “Site”), a website operated by RBN XFACTOR (hereinafter referred to as the “Company”). “RBN XFACTOR” offers ambassador, donation, recurring donations, quote of the day, store, shipment services. It also offers services such as logo design, photoshop and more.

ACCEPTANCE OF TERMS OF USE

Please read the following terms and conditions as these terms of use (“Terms”) constitute a legally binding agreement between you and the Company regarding your use of the Site and any services offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”).

“User” or “You”: means any person who access or avail this site of the Company for the purpose of publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company

By accessing the Site or Service, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.

YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Services you also represent that you have the legal authority as per applicable law of California (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.

THE SERVICE REGISTRATION AND ACCESS TO USE

Registration: To register for the Services, you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form) to share their failure stories as article/s, video/s, short stories, and image quotes. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.

Access to use: To access the Services, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:-

  • Any other person sharing your account and Password;
  • Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
  • Access through a single account and Password being made available to multiple users on a network.

If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Company reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Company’s sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address; Company reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party

Availability: The availability of content through the Services may change from time to time. By default all information you provide to us is open for the public to read and share. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

LINKS TO OTHER SITES

The Site or the Services may contain the links or pointers to other websites but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.

The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. Contents posted by users are not the reflection of opinion or belief of ‘RBN XFACTOR” and . We are not responsible for anything that is posted by users nor do we support their claims.

CONTENT OWNERSHIP AND LIMITED LICENSE

“Company Content” means Company proprietary content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.

“Third Party Content” You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.

“User Submissions” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that the Company allows its users to uploads, posts, flips, compiles or otherwise provided to Company via the Site and Services, as applicable.

Interactions between Users: You are solely responsible for your interactions (including any disputes) with other users. You understand that Company does not in any way screen Company users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Company users. You agree to take reasonable precautions in all interactions with other Company users, particularly if you decide to communicate with Company user offline or meet them in person. Your use of the Site, Services, Company Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Company hereby disclaims any and all liability to you or any third party relating thereto. Company reserves the right to contact Company users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.

By making available any User Submissions through the Site and Services, you hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any Uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree We can delete/ remove or restrict any content at any time without telling you. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company’s use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.

By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services.

YOUR OBLIGATIONS

You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:

  • circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services.
  • transmit any material with malware, Trojan horses, viruses, etc.
  • either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company;
  • either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
  • use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company´s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party´s use and enjoyment of the Site or the Services;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
  • perform any activity which is likely to cause such harm;
  • carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
  • use the Site or the Services for illegal or unlawful purposes;
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
  • attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
  • incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
  • create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company;
  • use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
  • Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
  • Use the Site, Services or Company Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Encourage or enable any other individual to do any of the foregoing.

PROHIBITED ACTIVITIES

You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which

  • belongs to another person and to which the User does not have any right to;
  • write, upload or share any unlawful, disruptive, threatening, profane, abusive, harassing, embracing, torturous, defamatory, obscene, and libelous or is invasion of another’s privacy, is harmful or racially, ethically, religiously or otherwise objectionable.;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • contain misleading information regarding the origin of the Content; or
  • otherwise contains objectionable content.

You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.

If you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws of California.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

  • any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
  • your use or misuse of or access to the Site or the Services;
  • your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that you have caused damage to a third party.

The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defence of these claims.

Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

Identification of the copyrighted work claimed to have been infringed.

Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

The address, telephone number or e-mail address of the complaining party.

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.

A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

User Agreement and Conduct

By using RBN XFACTOR services, You acknowledge and agree that RBN XFACTOR owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Site (“Submissions”). You hereby waive any and all claims against RBN XFACTOR for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with RBN XFACTOR’s use and publication of such Submissions. This means that anything posted, submitted, shared or otherwise published by you to the Site shall be owned by RBN XFACTOR and may be used by RBN XFACTOR for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event RBN XFACTOR’s ownership of such Submissions is successfully contested, you automatically grant RBN XFACTOR a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against RBN XFACTOR for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions. RBN XFACTOR does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. RBN XFACTOR expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post, submit, share or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. RBN XFACTOR in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason.

Waiver

In consideration of your use of services provided by RBN XFACTOR, you expressly agree and contract, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages.

By the execution of this agreement, you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to you or your guest, and you hereby fully and forever release and waive RBN XFACTOR, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said services.

You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from damages sustained by you.

You agree to be solely responsible for safety and wellbeing of yourself when using our website

You agree to comply with all rules imposed by the company regarding the use of the website.

X