TERMS OF SERVICE
RHP Management LLC (“Rain Hell Phyre,” “Company”) provide a service for viewing and purchasing original digital images of works of art through our website, accessible at www.rainhellphyre.com (the “Site”), whether accessed via web or mobile application, any services, software, tools, features or functionality made available for using our site govern your access to use this service and constitutes a binding legal agreement between you and RHP Management LLC (Rain Hell Phyre). Please read carefully the following Terms and Conditions of Use and our Privacy Policy, which may be found at www.rainhellphyre/privacy.com (the “Privacy Policy”). These Terms, and the Privacy Policy, and any other policies linked to herein, govern your access to and use of the service, and constitute a binding legal agreement between you and Rain Hell Phyre. If you choose to not agree with any of these terms, you must not use the Site.
The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point moving forward.
Accessing the Site and Account Security
b) The Company cares about the integrity and security of your personal information. We use the highest standard protocols and encryption to protect your data, However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Site and its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), design, trademarks, service marks, and logos (“Marks”), are owned by the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions regarding copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company reserves all rights not expressly granted in and to the Site and the Marks.
a) During the term of these Terms of Service, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
iii. You may store files that are automatically cached by your web browser for display enhancement purposes;
III. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site;
IV. Cause the Site or portions of it to be displayed, or appear it to be displayed elsewhere by, for example, framing, deep linking or in-line linking, on any other site” or
d) If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
(a) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
(b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site;
(c) transmitting spam, chain letters, or other unsolicited email;
(d) using the Site to harass others, including by use of obscene or abusive language;
(e) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site;
(f) taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure;
(g) uploading invalid data, viruses, worms, or other software agents through the Site;
(h) collecting or harvesting any personally identifiable information, including account names, from the Site;
(i) using the Site for any commercial solicitation purposes;
(j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(k) interfering with the proper working of the Site;
(l) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or
(m) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the content.
Privacy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy at Privacy Policy. You agree that, by using the Site, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of that information (including the transfer of this information to the United States or other countries for the Company’s storage, processing, and use).
Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium
a) physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
b) identification of the copyrighted work claimed to have been infringed,
c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
d) your contact information, including your address, telephone number, and an email address,
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to and shall indemnify, defend and hold harmless the Company and its collaborators, contractors, suppliers and licensors, and their officers, directors, agents, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with your use of the Site; your breach of these Terms of Service; violation of law; your submission, posting, or transmission of user content to the Site; or violation of the rights of a third party.
a) Arbitration.
The parties shall cooperate to attempt to informally resolve any dispute arising out of these Terms of Service before submitting the dispute to arbitration. If the parties cannot resolve the dispute informally, the parties shall resolve any dispute arising out of these Terms of Service, except for disputes involving claims for injunctive or other equitable relief, by binding arbitration held before the arbitrator agreed upon and selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the arbitrators designated by the parties. Each arbitrator will be an attorney knowledgeable in the area of business law. The resolution of any dispute as determined by the arbitrator will be binding on the parties, and judgment on the award of the arbitrator may be entered by any party in any court having jurisdiction. Each party may each seek from a court an order to compel arbitration, or any other interim relief or provisional remedies pending an arbitrator’s resolution of any dispute. Any arbitration shall be conducted in Chicago Illinois in accordance with the then-current rules of the Arbitration Service of Cook County. The parties agree that the arbitrator shall have no jurisdiction to consider evidence with respect to or render an award or judgment for punitive damages or any other amount awarded for the purpose of penalty. The arbitration award will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses. In any action, suit or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable.
b) Class Actions.
You and the Company shall bring any claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and the Company also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Feedback. We welcome any comment, question, and communication at: [email protected]
Termination. You are free to stop using the Site at any time. Company reserves the right to suspend or end your use of the Site at any time at our discretion and without notice. For example, Company may suspend or terminate your use of the Site if you are not complying with these Terms of Service or use the Site in a manner that would cause us legal liability, disrupt the Site or disrupt others’ use of the Site.
(n) Governing Law.
These Terms of Service will be governed, construed, and enforced in accordance with the laws of the state of Illinois, without regard to its conflict of laws rules. If you use the Site from other locations, you are solely responsible for compliance with any and all applicable local laws.
(o) Waiver.
Neither party’s failure or neglect to enforce any rights under these Terms of Service will be deemed to be a waiver of that party’s rights. A waiver or extension is only effective if it is in writing and signed by the party granting it. A party’s failure or neglect to enforce any of its rights under these Terms of Service will not be deemed to be a waiver of that or any other of its rights. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
(p) Severability
. If any part of these Terms of Service is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
(q) Entire Agreement.
The parties intend that these Terms of Service, together with the Privacy Policy, and other documents that both are referenced in these Terms of Service and refer to these Terms of Service represent the final expression of the parties’ intent relating to the subject matter of these Terms of Service, contain all the terms the parties agreed to relating to the subject matter, and replace all of the parties’ previous discussions, understandings, and agreements relating to the subject matter of these Terms of Service.
