Terms of Service

Red Room Terms of Service

Welcome to Red Room!

1. Your relationship with Red Room

1.1 Your use of Red Room’s products, services, and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Red Room under a separate written agreement) is subject to the Red Room Terms of Service (hereinafter collectively "Terms"). “Red Room” means Red Room Omnimedia Corporation Inc., whose principal place of business is 414 Gough Street, Suite 2, San Francisco, CA 94102.

1.2 Unless otherwise agreed in writing with Red Room, your agreement with Red Room will always include, at a minimum, the terms and conditions set out herein. These terms form a legally binding agreement between you and Red Room in relation to your use of the Services. It is important that you take the time to read them carefully. Red Room reserves the right to amend the Terms from time to time. Accordingly, please review these Terms from time to time.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Red Room in the user interface for any Service; or (b) by using the Services. Your use of the Services is deemed as acceptance of the Terms from the time of your use onward.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Red Room, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Our rules of conduct

3.1 The following rules govern basic interaction with and use of Red Room. Please be aware that failure to comply with our rules of conduct may result in the immediate suspension and/or termination of some or all of your Red Room services and privileges, with or without notice to you.

3.2 Red Room may remove or edit any and all users or specific content, comments, communications, images, media, code, or any other upload, creation, or alteration made by users, whether made public or private by that user, for inappropriateness. What is or is not inappropriate is at the sole discretion of Red Room and is subject to change without notice.

3.3 Examples of inappropriate behavior, content, or use include verbal abuse, bigotry, hatred, harassment, threats, lewdness, offensiveness, obscenity, illegality, spamming, commercial messages, mass messages, or even that which is simply deemed antisocial, without value to the discussion, off-topic, irrelevant, or duplicative.

3.4 Red Room strives to provide high quality, accurate, constructive, respectful, entertaining, and educational community participation. Please maintain high standards for your private and public content and behavior, whether it is anonymous or not, when using the Services.

4. Provision of the Services by Red Room

4.1 Red Room is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Red Room provides may change from time to time without prior notice to you.

4.2 As part of this continuing innovation, you acknowledge and agree that Red Room may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Red Room’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Red Room when you stop using the Services.

4.3 You acknowledge and agree that if Red Room disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account.

4.4 You acknowledge and agree that while Red Room may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Red Room at any time, at Red Room’s discretion.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Red Room will always be accurate, correct, and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Red Room, unless you have been specifically allowed to do so in a separate written agreement with Red Room. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or Web crawlers).

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks that are connected to the Services.

5.5 Unless you have been specifically permitted to do so in a separate written agreement with Red Room, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Red Room has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Red Room may suffer) of any such breach.

6. Passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Red Room for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Red Room immediately.

7. Privacy and your personal information

7.1 Red Room’s Privacy Policy is available on this site. This policy explains how Red Room treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with Red Room’s Privacy Policies.

8. Copyright and intellectual property policy

8.1 It is Red Room’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. In addition, Red Room reserves the right to take any other actions it determines necessary to deal with potentially infringing content that is posted on the site. Details of Red Room’s policy regarding responses to claims of copyright infringement can be found here.

8.2 Red Room’s policy regarding copyright and intellectual property as it applies to content on the site is available on this site. This policy explains your and Red Room’s obligation with regard to potentially copyright-infringing material.

8.3 You agree to use Red Room’s site and services in accordance with this policy.

8.4 You understand that by using the Services you may be exposed to content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that Red Room has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Red Room may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that Red Room or Red Room’s licensors own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Red Room and that you shall not disclose such information without Red Room’s prior written consent.

9.2 Unless you have agreed otherwise in writing with Red Room, nothing in the Terms gives you a right to use any of Red Room’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Red Room, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Red Room’s brand feature use guidelines.

9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

9.5 Unless you have been expressly authorized to do so in writing by Red Room, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. Content license from you

10.1 You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Red Room a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Red Room to display, distribute, and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2 You understand that Red Room, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit Red Room to take these actions.

10.3 You confirm and warrant to Red Room that you have all the rights, power, and authority necessary to grant the above license.

11. Ending your relationship with Red Room

11.1 The Terms will continue to apply until terminated by either you or Red Room as set forth below.

11.2 If you want to terminate your legal agreement with Red Room, you may do so by (a) notifying Red Room at any time and (b) closing your accounts for all of the Services which you use, where Red Room has made this option available to you. Your notice should be sent, in writing, to Red Room’s address which is set out at the beginning of these Terms.

11.3 Red Room may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Red Room is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) The partner with whom Red Room offered the Services to you has terminated its relationship with Red Room or ceased to offer the Services to you; or

(D) Red Room is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) The provision of the Services to you by Red Room is, in Red Room’s opinion, no longer commercially viable.

11.4 Nothing in this Section shall affect Red Room’s rights regarding provision of Services under Section 5 of the Terms.

11.5 When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Red Room have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations, and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT RED ROOM’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

12.3 IN PARTICULAR, RED ROOM, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED ROOM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.6 RED ROOM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RED ROOM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES THAT RED ROOM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE RED ROOM WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

13.2 THE LIMITATIONS ON RED ROOM’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT RED ROOM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Advertisements

14.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

14.2 The manner, mode, and extent of advertising by Red Room on the Services are subject to change without specific notice to you.

14.3 In consideration for Red Room granting you access to and use of the Services, you agree that Red Room may place such advertising on the Services.

15. Affiliates

15.1 Red Room may set up affiliate programs with booksellers with or without notice to you. The manner, mode, and extent of Red Room’s affiliate programs with booksellers are subject to change without specific notice to you.

15.2 Should any after-tax net profit arise from Red Room’s affiliate programs with booksellers, Red Room intends to donate at least five percent of this after-tax net profit to specified non-profit organizations chosen by Red Room and supported by Red Room Authors.

16. Changes to the Terms

16.1 Red Room may make changes to the Terms of Service from time to time, with our without notice to you.

16.2 You understand and agree that if you use the Services after the date on which the Terms of Service have changed, Red Room will treat your use, as defined in Section 2.2 of the Terms, as acceptance of the updated Terms.

17. General legal terms

17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

17.2 The Terms constitute the whole legal agreement between you and Red Room and govern your use of the Services (but excluding any services which Red Room may provide to you under a separate written agreement), and completely replace any prior agreements between you and Red Room in relation to the Services.

17.3 You agree that Red Room may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

17.4 You agree that if Red Room does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Red Room has the benefit of under any applicable law), this will not be taken to be a formal waiver of Red Room’s rights and that those rights or remedies will still be available to Red Room.

17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.7 The Terms, and your relationship with Red Room under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Red Room agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Red Room shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.