Red is White Terms of Use
Date of Last Revision: April 1,2008.
Welcome to Rediswhite.com. By using our web site at www.Rediswhite.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Rediswhite.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Registration Data; Account Security
Registration in Rediswhite.com is void where prohibited. You will have to register with Rediswhite.com, providing a user name, email address and password, to access some features of the site. In consideration of your use of the Site, you agree to (a) maintain the security of your password and identification; (b) be fully responsible for all use of your account and for any actions that take place using your account. In addition, you agree to immediately notify Rediswhite.com of any unauthorized use of your password or account or any other breach of security. Rediswhite.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Proprietary Rights in Site Content;
All content on the Site and available through , including designs, text, graphics, pictures, (the "Site Content"), is the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Trademarks
REDISWHITE.COM and other Company graphics, logos, designs, page headers, button icons, scripts are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
The Site is available for your personal, non-commercial use only. We expect you to play nice. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Rediswhite.com expressly disclaims any and all liability in connection with User Submissions. The Company reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. The Company may also in its sole discretion and without prior notice terminate a user's access to the website at any time.
In addition, you agree not to use the Site to:
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account without authorization from the Company, or create a false identity on the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Code of Conduct below that provides further information regarding the authorized conduct of users on Rediswhite.com.
User Content Posted on the Site
You are solely responsible for the photos, profiles, comments, information, designs, and other content that you upload, publish or display (hereinafter, "post") on or through or the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Rediswhite.com Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
CODE OF CONDUCT
We want Rediswhite.com to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using Rediswhite.com and for posting messages, photos,and other content ("Content") on Rediswhite.com, which rules are set forth in our these Terms of use and User Code of Conduct. WHEN YOU USE REDISWHITE.COM, YOU ARE AGREEING TO ABIDE BY THE USER CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON REDISWHITE.COM, WITH OR WITHOUT NOTICE, AS DETERMINED BY REDISWHITE.COM IN ITS SOLE DISCRETION. Please refer to our
Third-Party Content
Rediswhite.com allows you to upload and share user generated Content with the RedisWhite.com community, such as designs and photographs uploaded. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using Rediswhite.com, you may not:
- upload or share any photographs, or other Content other than original works that are created by you or another user
- post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
- attempt to circumvent any content filtering techniques we may employ
Inappropriate Content
We expect the Red is White Community to be nice. While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong on Rediswhite.com, which pursues authentic faith-inspired community. Therefore, you may not post or share:
- Content that is meanspritied or does not meet the objectives of the Rediswhite.com site
- is obscene, pornographic or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want Rediswhite.com to be a safe place on the internet. Therefore, in using Rediswhite.com, you may not:
- violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense
- impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- use Rediswhite.com to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- post or share any personally identifiable or private information of any third party
- use information or content you obtained on the Rediswhite.com website or service in any manner not authorized by the Rediswhite.com Code of Conduct or Terms of Use
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- attempt to use another's account without authorization
This Content Code of Conduct is subject to change at any time at Rediswhite.com's sole discretion.
Third Party Websites and Content
The Site contains (or you may be sent through the Site) links to other web sites ("Third Party Sites"). Such Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. Inclusion of, linking to or permitting the use of any Third Party Site does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Terms of Sale
Please refer to our Frequently Asked Questions for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
User Disputes
You are solely responsible for your interactions with other Rediswhite.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or or other Content posted on the Site or in connection with , whether posted or caused by users of the Site, by Rediswhite.com, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Company reserves the right to change any and all content offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT UNLESS OTHERWISE PERMITTED BY LAW, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership and any content or information that you have posted on the Site and/or prohibit you from using or accessing or the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or , you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Illinois.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content or Content you post or share on or through the Site your use of or the Site, your conduct in connection with or the Site or with other users of or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Feedback"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site superseding any prior agreements between you and Company relating to your use of the Site. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Rediswhite.com website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright policy below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright policy for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Policy
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Rediswhite.com website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Rediswhite.com website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.rediswhite.com/designs/item1_qjofkrns123." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Rediswhite.com website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.anothercontent.com/item2_hjdsi899."
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by E-Mail as set forth below:
Rediswhite.com Designated Copyright Agent
Rediswhite.com, Inc.
E-Mail: copyrightagent@Rediswhite.com
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
B. Counter Notification
If you believe your own copyrighted material has been removed from our website as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your Counter Notification to our Designated Agent by E-Mail as set forth below:
Rediswhite.com Designated Copyright Agent
Rediswhite.com, Inc.
E-Mail: copyrightagent@Rediswhite.com
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false form on this page constitutes perjury.
