Saturday, July 13, 2013

Revolt TV TOS: Revolt Media, LLC

So I was looking at the Revolt TV TOS. I noticed "Revolt Media, LLC" This must be the corporation that Revolt TV and Revolt Films is under.

Also people keep asking me who to submit too...

I think they moved the studio to 1800 N. Highland Avenue, 6th Floor Los Angeles, CA 90028

Or that's just the legal and web teams. And the studio is at a remote location... This address looks sweet tho...

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The following is an archive of the Terms of Service as pubicly displayed on http://revolt.tv/legal.php. It was posted here for informational purposes only. I am not a member of Revolt Media, Nor does Diddy or Comcast have any say on this site. I have archived what I have critiqued.  
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Effective Date: May 20, 2013
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

SUMMARY
These Terms of Service (“Terms”) apply when you interact digitally with the Internet sites operated by Revolt Media, LLC and its affiliates and subsidiaries (“Revolt TV” or “We”), (the “Site”),   games, interactive TV, and any other services, products and any related software or mobile applications offered by Revolt TV including features, widgets, plug-ins, applications, content, downloads and other services that are owned and controlled by us and that are available through or interact with a Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device, tablet or otherwise.  By using the Service, you acknowledge and accept the Service’s Privacy Policy as outlined in this Terms and consent to the collection and use of your data in accordance with the Privacy Policy.  By using the Service, you further agree that Revolt TV may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service.

By using the Service, you agree to be bound by these Terms.  In some instances, both these Terms and separate additional terms or licenses, guidelines, rules or terms of use will apply to your use of the Service  (“Additional Terms”).  If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless we tell you otherwise).   Please also review the Privacy Policy, which you accept by using the Service. 
    • Service Content, Ownership, Limited License, and Rights of Others
A.        Content.  The Service contains a variety of: (i) materials relating to  Revolt TV and the Service, and other items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Revolt TV (collectively,  “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). 
B.        Ownership.  As between Revolt TV and you, Revolt TV owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Service and Content.  You acknowledge Revolt TV’s valid intellectual and proprietary property rights in the online services and Content.  Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof.
C.        Limited License.  Your use of the Service is limited to the access, viewing and downloading of Content, all solely as authorized by Revolt TV Subject to your strict compliance with these Terms on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only.  This limited license may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice to you. 
D.        Rights of Others.  In using the Service, you must respect the intellectual property and other rights of Revolt TV.  Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. 
    • Content You Submit and Community Usage Rules
A.        User-Generated Content.
(i)        General.  Revolt TV may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, links to other websites, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Revolt TV Licensed Elements included therein, “User-Generated Content”).  Revolt TV may allow you to do this through forms on the Service, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, e-mail, and other communications functionality.  Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
(ii)       Non-Confidentiality of Your User-Generated Content.  You agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Revolt TV does not assume any obligation of any kind to you or anybody else with respect to your User-Generated Content.  If we ask you for it, you will give us with any documents to support you have the rights to User-Generated Content and to verify your compliance with these Terms.  You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you submit any User-Generated Content at your own risk. 
In your communications with Revolt TV, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or evensuggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below.  In addition, Revolt TV retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Revolt TV’s receipt of your Unsolicited Ideas and Materials is not an admission by Revolt TV of their novelty, priority, or originality, and it does not impair Revolt TV’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.   If we request you to submit materials either via a contest, sweepstakes or call to action, you understand that your ideas may be used in any and all media and there is no agreement to pay for these ideas, regardless of any industry custom and practice and such ideas will be treated as your User-Generated Content under these Terms.
(iii)     License to Revolt TV of Your User-Generated Content.  You grant Revolt TV the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  You also grant to Revolt TV the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content.   Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You agree that you will not receive any payment from Revolt TV for any of the rights granted in this Section 2(A)(iii).
(iv)      Revolt TV’s Exclusive Right to Manage Our Service.  Revolt TV may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content.   Revolt TV may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability.  We have no obligation to use, archive or retain your User-Generated Content. 
(v)        Representations and Warranties Related to Your User-Generated Content.  Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, and you are the parent, legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Revolt TV the rights to it that you are granting by these Terms, all without any Revolt TV obligation to obtain consent of any third party and without creating any obligation or liability of Revolt TV; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms. 
(vi)      Enforcement.  Revolt TV has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf. 
B.        Community Usage Rules.  As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).
(i)        Nature of Rules.  Your participation in the Communities is subject to all of the Terms, including these Rules:
•           Your User-Generated Content.  You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
•           No Pictures, Videos, or Images of Anyone Other Than You, Your Friends and Family.  If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you and someone who gave you permission.
•           No Bullying.  You may not use the online services to threaten, abuse, harass, or invade the privacy of any third party.
•           Do Not Use for Commercial or Political Purposes.  Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
•           Do Not Use for Inappropriate Purposes.  Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
•           Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content.  Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
•           Others Can See.  The Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users.  Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces. 
•           Don’t Share Other Peoples’ Personal Information.  Your User-Generated Content should not reveal another person’s personally identifiable information either unless specifically requested by Revolt TV.
•           Don’t Damage the Service or Anyone’s Computers or Other Devices.  Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any Device.
If you submit User-Generated Content that Revolt TV reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion.  We may require, at any time, proof that you are following these rules.  We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of these provisions.
(ii)       Your Interactions With Other Users; Disputes.  You are solely responsible for your interaction with other users of the Service, whether online or offline.  We are not responsible or liable for the conduct or content of any user.  We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. 
C.        Alerting Us of Violations.  If you discover any content that violates these Terms, then you may report it to dmca.agent@revolt.tv.  For alleged infringements of intellectual property rights, see Sections 6 and 7, below.
    • Service and Content Use Restrictions
A.        Service Use Restrictions.  You agree that you will not: (i) use the Service for any purpose that would violate the Community Usage Rules (ii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (iii) harvest or otherwise collect or store any information about other users of the Service, including e-mail addresses, without the express consent of such users; (iv) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (v) otherwise violate these Terms. 
B.        Content Use Restrictions.  You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (unless we give you the right to do so via Additional Terms); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Revolt TV or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C.        Availability of Service and Content.  Revolt TV may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability. 
D.        Reservation of All Rights Not Granted as to Content and Service.  These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by Revolt TV and its licensors and other third parties.  Any unauthorized use of any Content or the Service for any purpose is prohibited.
    • Infringement Policy
Revolt TV respects the intellectual property of others, and we ask our users to do the same. Revolt TV, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Revolt TV accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property; please send a written notice to the agent identified below to request a review of the alleged infringement:
By mail:
Josh Hatter
Revolt TV
1800 N. Highland Avenue, 6th Floor
Los Angeles, CA 90028
By e-mail: dmca.agent@revolt.tv
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
  • Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Revolt TV to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
  • 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 or other proprietary right owner, its agent, or the law.
  • A statement that the information in the notice 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 or on behalf of the person defamed.
    • Notices, Questions and Customer Service
You agree that: (1) we may give you notices of new, revised or changed Terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you.  You agree to promptly notify us if you change your e-mail or mailing address at contactus@revolt.tv.    All legal notices to us must be sent to:
By mail:
General Counsel
Revolt TV
1800 N. Highland Avenue, 6th Floor
Los Angeles, CA 90028
By e-mail: info@revolt.tv
If you have a question regarding using the Service, you may contact Revolt TV Customer Support by sending an e-mail to contactus@revolt.tv.  You acknowledge that the provision of customer support is at Revolt TV’s sole discretion and that we have no obligation to provide you with customer support of any kind. 
    • Links By You To the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the  Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Revolt TV or cause any other confusion, and (c) the links and the content on your website do not portray Revolt TV or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Revolt TV.  Revolt TV reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice.
    • Third-Party Sites; Advertisements; Dealings with Third Parties
A.        Third-Party Content and Sites; Advertisements.  The Service may contain links to third-party websites that are not owned, controlled or operated by Revolt TV, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Revolt TV.  Revolt TV may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Revolt TV does not assume any obligation to review any Third-Party Sites.  Revolt TV does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items.  Furthermore, Revolt TV is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites.  Finally, Revolt TV will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites.  Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites.  Revolt TV disclaims all liability in connection therewith.
B.        Dealings with Third Parties.  Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).  Revolt TV disclaims all liability in connection therewith.
    • Dispute Resolution
Certain portions of this Section 8 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and Revolt TV agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 8 can only be amended by mutual agreement.
A.        First – Try To Resolve Disputes and Excluded Disputes.  If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content,  these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Revolt TV’s actual or alleged intellectual property rights (an “Excluded Dispute,” which includes those actions set forth in Section 8.D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such information exists or if such information is not current, then we have no obligation under this Section 8.A.  Your notice to us must be sent to: 
By mail:
General Counsel
Revolt TV
1800 N. Highland Avenue, 6th Floor
Los Angeles, CA 90028
By e-mail: info@revolt.tv
For a period of sixty (60) days from the date of receipt of notice from the other party, Revolt TV and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Revolt TV to resolve the Dispute or Excluded Dispute on terms with respect to which you and Revolt TV, in each of our sole discretion, are not comfortable.
B.        Forums For Alternative Dispute Resolution 
  •                         (i)  Arbitration.    If we cannot resolve a Dispute as set forth in Section 8.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 8.B.  If we cannot resolve an Excluded Dispute as set forth in Section 8.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Revolt TV consent, in a writing signed by you and an Officer or legal representative of Revolt TV, to have that Excluded Dispute subject to arbitration.  In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 8.B. 
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, by using our Service, you agree that any complaint, dispute, or disagreement you may have against Revolt TV, and any claim that Revolt TV may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any Revolt TV Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”).  The Applicable Rules can be found at www.jamsadr.com.  If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances).  If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Revolt TV agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph 8, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart 8(B)(iv); and 8F.  Furthermore, this Paragraph 8 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 
 (ii)      Written Award.  The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”).  Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets Section 9 of the Federal Arbitration Act.
(iii)     Location of Arbitration.  The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Revolt TV; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(iv)      Interpretation and Enforcement of Arbitration Clause.  With the exception of subpart 8(F) below, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart 8(F) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Revolt TV shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
C.        Limited Time To File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 8.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED. 
D.        Injunctive Relief.  The foregoing provisions of this Section 8 will not apply to any legal action taken by Revolt TV to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or Revolt TV’s intellectual property rights (including such Revolt TV may claim that may be in dispute), Revolt TV’s operations, and/or Revolt TV’s products or services. 
E.         Small Claims Matters Are Excluded From Arbitration Requirement.  Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 8.G.
F.         No Class Action Matters.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party.   
G.        Federal and State Courts in Los Angeles.  Except to the extent that arbitration is required in Section 8.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles, California.  Accordingly, you and Revolt TV consent to the exclusive personal jurisdiction and venue of such courts for such matters.
    • DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
While Revolt TV uses reasonable efforts to include up to date information on the Site and Service, Revolt TV makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.  YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.   
REVOLT TV PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. REVOLT TV, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “Revolt TV PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Revolt TV DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
    • LIMITATIONS OF OUR LIABILITY
IN NO EVENT WILL THE REVOLT TV PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED  (A) THE AMOUNT (IF ANY) PAID BY YOU TO Revolt TV IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, REVOLT TV’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.  THIS PROVISION WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE. 
    • Exclusion of Damages.
NONE OF THE REVOLT TV PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF REVOLT TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE REVOLT TV PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE.  WITHOUT LIMITING THE FOREGOING, REVOLT TV WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY PROTECT YOUR INFORMATION USED TO ACCESS OUR SERVICES (E.G.,  REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF ANY ACCOUNT YOU MAY REGISTER WITH US, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.  
    • Updates to Terms.
AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.  ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.   In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You should frequently check the Site, and the e-mail you provided to us for notices, all of which you agree are reasonable manners of providing you notice.  You can reject any new, revised or additional Terms by discontinuing use of the Service and related services.  
    • Privacy Policy
This Privacy Policy explains Revolt TV's information collection practices at the Sites, such as the types of information Revolt TV collects regarding visitors to the Sites and how we may use that information. Please review this Privacy Policy carefully. In addition, please review the Sites' Terms of Use, which governs your use of the Sites
A. What Information Do The Sites Collect?
                       (i)   Information You Provide To Us
Personal Information and Demographic Information. We may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, phone number, e-mail address, and physical address ("Personal Information"); and (2) demographic information, such as gender, zip code, or similar information ("Demographic Information"). We may collect this information through various forms and in various places on the Sites, including account registration forms, e-mail newsletter sign-ups, or when you submit information, communicate or otherwise interact with us. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.
(ii)    Information We Collect As You Access And Use The Sites
In addition to any Personal Information or other information that you choose to submit to the Sites, we and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Sites ("Usage Information"). This Usage Information may include the browser you are using, the URL that referred you to our Sites, all of the areas within our Sites that you visit, other information about your electronic browsing and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Sites. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other device used to access the Sites (any, a "Device"). A Device Identifier is a number that is automatically assigned to your Device used to access the Sites, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
A few of the methods that may be used to collect Usage Information include the following:
Cookies. A cookie is a data file placed on a Device when it is used to visit the Sites. A Flash cookie is a data file placed on a Device via the Adobe Flash plugin that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Sites may not function properly.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs," "one pixel GIFs," or "clear GIFs") may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to make cookies more effective, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
(iii)    Information Third Parties Provide About You
We may, from time to time, supplement the information we collect about you online with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through the Sites. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.
The Sites include functionality that allows certain kinds of interactions between the Sites and your account on a third party web site. The use of this functionality may involve the third party web site providing certain information, including Personal Information, to the Sites. For example, when you register with the Sites, you may choose to use your Facebook, Google or other supported account from a third party site to facilitate the registration and login process on the Sites. If you choose to use this functionality, the third-party site may send Personal Information about you to the Sites, which we will then treat as Personal Information under this Privacy Policy.
In addition, Revolt TV may provide third party sites' API or links on the Sites to facilitate your sending a communication from the Sites. For example, Revolt TV may use third parties to facilitate emails, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications. Revolt TV may not control or have access to your communications through these third parties. You should review the third party's terms of use and privacy policies before engaging in their use.
(iv)    Information You Provide About A Third Party
If you send someone else a communication from the Sites, such as sending an article to a friend or information about a job opening, we use the information you provide (typically, names and e-mail addresses) on a one-time basis to facilitate the communication and we do not use it for any other marketing purpose, unless we obtain consent from that person.
B.        How Do We Use The Information Collected? Revolt TV may use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Sites' features such as online entry sweepstakes and message boards; (3) to process your registration with the Sites, including verifying your e-mail address is active and valid; (4) to improve the Sites or our services, to customize your experience on the Sites, or to serve you specific content, including advertisements, that are most relevant to you; (5) to contact you with regard to your use of the Sites and, in our discretion, changes to the Sites and/or Sites' policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
Please note that information submitted to the Sites via a "contact us" or other similar function may not receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.
C.        How and When Do We Disclose Information to Third Parties?
(i)    When You Agree To Receive Information From Third Parties.  You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree (or do not decline) to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from third parties. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.
(ii)    Third Parties Providing Services On Our Behalf. We may use third party vendors to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites' features, tracking Site analytics, ad serving, and enabling Revolt TV to send you e-mail newsletters or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for Revolt TV. While we may use third party analytics service providers to evaluate and provide us with information about the use of the Sites and viewing of our content. we do not share Personal Information with these  analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have  access to information about you, including non-personally identifiable information.
(iii)    Co-branded Areas. Certain areas of the Sites may be provided to you in association with third parties ("Co-Branded Areas") and may require you to disclose Personal Information in order to register for and access products and/or services. Such Co-Branded Areas will identify the third party associates. If you elect to register for products and/or services at Co-Branded Areas you may be providing your information to both Revolt TV and the third party associates. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Sites, your Personal Information may be disclosed to the identified third party associates for that Co-Branded Area and will be subject to the posted privacy policies.
(iv)    Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Sites that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.
(v)    Administrative and Legal Reasons. We may transfer and disclose your information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Sites' Terms of Use or other policies applicable to the Sites; or (iv) to protect the personal safety, rights, property or security of any individual. We may also use IP address or other Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
(vi)    Business Transfer. Revolt TV may share Personal Information with its subsidiaries and affiliates for internal reasons. Revolt TV also reserves the right to disclose and transfer all information related to the Sites, including, without limitation, your Personal Information, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of the Sites or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Revolt TV's stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
D.        What About Information I Disclose Publicly?
(i)    User Generated Content, Social Networking and Public Information. The Sites may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, "User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through the Sites, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content or social networking activities. Please note that Revolt TV does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the Sites. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Sites.
(ii)    Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content (or any portion of the content), and Revolt TV may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content you submit to the Sites, please review our Terms of Use.
E.         Does Third Party Content And Links To Third Party Sites Appear on the Sites?  The Sites may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from the Sites are served to your browser. In addition, when you are on the Sites you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third party sites. For example, if you "click" on a banner advertisement, the "click" may take you off the Sites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. Revolt TV encourages you to note when you leave our Sites and to read the privacy statements of all third party web sites before submitting any Personal Information to those sites.
F.         Are There Third Party Ads Served On The Sites?  The Sites may use third parties such as network advertisers to serve advertisements on the Sites and may use third party analytics service providers to evaluate and provide us with information about the use of the Sites and viewing of our content. Network advertisers are third parties that display advertisements based on your visits to the Sites and other web sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Sites' third party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies (including flash cookies), web beacons and other tracking technologies on your Device and track certain behavioral information regarding users of your Device via a Device Identifier. These third party cookies (including flash cookies), web beacons and other tracking technologies are set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that the Device Identifier may access and use your computer or device and may set or change settings on your computer or device in connection with the web sites’ operation. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies (including flash cookies) and web beacons are governed by each third party's specific privacy policy, not this one. While we may use a variety of companies to serve advertisements on the Sites, you may wish to visitwww.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative ("NAI") members, and your choices regarding having this information used by these companies, including the "opt-out" procedures of NAI members. This Privacy Policy does not cover the methods for collecting information used by these third party advertisers or the use of the information that such advertisers collect. We make no representations regarding the policies or business practices of third party network advertisers.
G.        How Do I Change My Information And Communications Preferences?  You are responsible for maintaining the accuracy of any Personal Information or other information that you provide to us on or through the Sites, and for correcting or updating any Personal Information or other information you have provided to us on or through the Sites. Should you wish to change any Personal Information or other information, please contact us atcontactus@revolt.tv. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable after we receive them.
H.        What About Consent To Transfer Information To The United States?  The Sites are operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or anywhere else outside of the United States, please be aware that information we collect, including, without limitation, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Sites or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
I.          What Should Parents Know About Children?  The Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).
J.         What About Security?  We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Sites and provide us with your information at your own risk.
K.        What About Changes To The Privacy Policy?  Revolt TV reserves the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, Revolt TV will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.
    • General Provisions
A.        Revolt TV’s Consent or Approval.  As to any provision in these Terms or any Additional Terms that grants Revolt TV a right of consent or approval, or permits Revolt TV to exercise a right in its “sole discretion,” Revolt TV may exercise that right in its sole and absolute discretion.  No Revolt TV consent or approval may be deemed to have been granted by Revolt TV without being in writing and signed by an officer of Revolt TV. 
B.        Applicable Law.  These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of California, without regard to its conflicts of law provisions.
C.        Indemnity.  You agree to defend, indemnify and hold harmless Revolt TV, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the online services; and (c) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content.
D.        Operation of Service in The United States; Availability of Products and Services; International Issues.  Revolt TV controls and operates the Service from its U.S.-based offices in the U.S.A., and Revolt TV makes no representation that the Service is appropriate or available for use beyond the U.S.A.  If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.  The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide.  We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.  You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
E.         Export Controls.  Software related to or made available by the Service may be subject to export controls of the U.S.A.  No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses).  You are responsible for complying with all trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
F.         Severability; Interpretation.  If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect).  To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.  Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.  The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
G.        Communications.  When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically.  Please note that we are not obligated to respond to inquiries that we receive.  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. 
H.        Investigations; Cooperation with Law Enforcement; Termination; Survival.  Revolt TV reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Revolt TV in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.   Any suspension or termination will not affect your obligations to Revolt TV under these Terms or any Additional Terms.  Upon suspension or termination of your access to the Service, or upon notice from Revolt TV, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.  The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Revolt TV in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
I.          Assignment.  Revolt TV may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Revolt TV. 
J.         No Waiver.  Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Revolt TV in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any provision of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. 
K.        California Consumer Rights.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254.  Their website is located at: http://www.dca.ca.gov.
L.         Connectivity.  You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
©2013 Revolt TV. All Rights Reserved.
   


© Copyright 2013 REVOLT TV. Terms & Conditions







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