These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of the website of Rate It (hereinafter referred to as the "Website"), including - but not limited to - www.rateit-club.com. In these User Terms, the words "we", "us" and "ours" refer to Rate It. By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by U.S. and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation or other use of the Website or part thereof is a violation of U.S. law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts thereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
5.1 The website, content and services offered on the website are provided 'as is' and as available without representations or warranties of any kind. Rate It expressly disclaims any and all warranties, express, implied or statutory, including without limitation any warranties of non-infringement, merchantability or fitness for a particular purpose. The website and services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
5.2 We make no representations or warranties with respect to any UGC published on the Website. Rate It takes no legal responsibility for errors in these materials. Notwithstanding the foregoing, Rate It may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law, or (iii) necessary for the UGC's compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third-party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
5.5 We will use your personal data to send you direct marketing communications regarding products and services that we and our partners offer regarding for example online casino, sports betting and financial services. This may be in the form of email or targeted online advertisements.
5.6 In some cases our processing of your personal data for marketing purposes will be based on our legitimate interests (see Section 3 above). When required by law it will be based on your consent.
5.7 You always have a right to say no to further direct marketing, at any time. You can use the opt-out link that you find in all direct marketing communications, or by contacting us.
5.8 We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications that we believe may be of interest or relevance to you, based on the information we have about you.
6.1 We shall in no case be held liable, whether in contract, tort (including negligence) or otherwise for damages for the use of the website, even if we have been advised of the possibility of such damages, including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect, special, punitive, incidental or consequential loss or damage whatsoever. Some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
6.2 our total aggregate liability, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with the user terms, the website or our services will never for any and all actionable circumstances exceed one hundred dollars ($100.00). You further agree that no claims or actions arising out of, or related to, the use of our website or services or these user terms may be brought by you more than one (1) year after the actionable event. Nothing in the user terms excludes or limits either party's liability for matters which cannot be excluded or limited under applicable law.
7.1 We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9.1 It is the policy of Rate It to (i) block access to or removes material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Rate It has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf).
10.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Rate It concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.
10.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
11.1 You may contact Rate It via email at [email protected] or the following mailing address: Company: Showerol s.r.o. Address: Namesti 14, Rijna 1307/2 150 00 PRAHA 5 Registration number: C283422 IČO: 06510817