By accessing and using the web sites on which these terms reside (each the 鈥淲ebsite鈥�), you are agreeing to be legally bound by these Terms of Use (the 鈥淭erms鈥�) including, but not limited to, binding arbitration conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Massachusettslaw. The terms 鈥測ou鈥� and 鈥渦ser鈥� refer to anyone who accesses the Website. The Website is owned or controlled by 51吃瓜. (鈥淩hythm鈥�). Please read these Terms of Use carefully before using the Website.
From time to time we may update this Website and these Terms. Your use of this Website after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Rhythm may, in its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that Rhythm will have no liability to you if this Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated.
Use of the Website: Rhythm owns, operates and maintains the Website. The Website and the content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations, and video displayed on the Website (the 鈥淐ontent鈥�) is the property of Rhythm, or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks, and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks, or logos (collectively, the 鈥淢arks鈥�) displayed on the Website may be registered or unregistered Marks of Rhythm, or others. Nothing contained on the Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written consent of Rhythm or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You agree that when accessing Content on the Website, you shall not use such Content for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, the use of the Website is for your personal and noncommercial use. You may print, copy, and download any Content contained in the Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on the Website, except as otherwise expressly provided herein, without the express prior written consent of Rhythm. If you copy or download any Content you agree not to obscure, delete, or modify any notices or legends contained therein.
Links to Other Sites: The Website may contain links to other sites not supported by Rhythm. Such links are provided as a convenience to you. The inclusion of any link does not constitute an endorsement, authorization, sponsorship, affiliation, or monitoring by Rhythm with respect to such linked site or its owners. Rhythm has not verified the accuracy or completeness of any information in such linked sites, and makes no representations as to the information contained therein. Accessing any linked sites is at the user鈥檚 own risk. Different terms and conditions and privacy policies may apply to your use of any linked site. You should therefore review the applicable terms of use and privacy policies in connection with your use of such third party sites.
User Conduct: By using the Website you agree not to:
- Post, upload, or distribute any content that is unlawful, tortious, abusive, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
- Interfere with the operation of the Website or any user鈥檚 enjoyment of the Website, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Website; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Website, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, or accessing the accounts of others without permission;
- Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
- Upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- Collect or store personal data about other users.
- Use the Website for any commercial purpose not expressly approved by Rhythm in writing
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of your account or your access to the Website, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Rhythm. You acknowledge that Rhythm is not responsible for and does not assume any liability for users鈥� acts or omissions, including, without limitation, with respect to the aforementioned activities.
User Generated Content: We do not claim ownership of your user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on our Website, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us (collectively 鈥淯ser Content鈥�) shall be deemed nonconfidential and nonproprietary. By submitting, posting or consenting to our use of any User Content, you grant to Rhythm and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona, image, voice and likeness included in any User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Rhythm will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Rhythm shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Rhythm retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting, posting or permitting us to use User Content on our Website or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely, competently and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have the consent or permission of any other person who appears in your User Content (including permissions from parents and/or guardians if the individuals are under the age of 18 years old), and hereby irrevocably and unconditionally grant to Rhythm all consents or permissions necessary as required by any applicable laws, to use their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Rhythm, you will furnish Rhythm any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Rhythm and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Rhythm does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. You acknowledge and agree that Rhythm has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Rhythm acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Rhythm becomes aware of any User Content that allegedly may not conform to these Terms, Rhythm may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU HAVE NO OWNERSHIP RIGHTS IN MATERIALS YOU SUBMIT TO RHYTHM. RHYTHM HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL, IN ITS SOLE DISCRETION, INCLUDING IF IT DEEMS USER CONTENT OBJECTIONABLE, THAT IT VIOLATES THESE TERMS OR THE LAW, OR FOR ANY OTHER REASON. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST RHYTHM FOR SUCH REMOVAL AND/OR DELETION. RHYTHM IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE WEBSITE AND ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM THE WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE WEBSITE OR ANY OTHER SITES OR PLATFORMS.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
We respect the intellectual property rights of others, and require that the people who use the Website do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the 鈥淒MCA鈥�) to report alleged infringements. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information (or any statement in conformance with the DMCA) to our Copyright Agent whose contact information is provided below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner鈥檚 behalf.
Copyright Agent:鈥�
Hunter Smith鈥�
222 Berkeley Street, 12th Floor鈥�
Boston, MA 02116鈥�
By phone: 857 264 4280鈥�
By email: [email protected]
Disclaimer
Rhythm makes no representations about the reliability of the features of this Website, the Content, or any other Website feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Rhythm makes no representations regarding the amount of time that any Content or User Content will be preserved.
THE CONTENT AND THE WEBSITE ARE PROVIDED 鈥淎S IS鈥� AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. RHYTHM DOES NOT WARRANT THAT THE CONTENT OR THE WEBSITE WILL BE FIT FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RHYTHM ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. RHYTHM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR, OR OMISSION, WHETHER OR NOT CAUSED BY EVENTS BEYOND RHYTHM鈥橲 REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE鈥橲 RECORDS, PROGRAMS, OR SERVICES, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL RHYTHM NOR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS, OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. IN NO EVENT WILL RHYTHM OR ANY OF ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF RHYTHM鈥橲 NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
United States Only
By using the Website, you agree and acknowledge that the Website is hosted in the United States and that data collected through the Website will be stored and processed in the United States. Please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms, and our Privacy Policy [insert link to privacy policy], you are transferring your personal information to the United States, and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United states and the State of California.
Binding Arbitration
Any controversy or claim arising out of your use of the Website, these Terms, and/or our聽Privacy Policy聽shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (鈥淛AMS鈥�), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (鈥淛AMS Rules and Procedures鈥�) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Applicable Law: These Terms or Use are governed by and will be construed in accordance with the laws of the United States and the Commonwealth of Massachusetts. Any disputes arising under or in connection with these Terms, or your access or use of the Website shall be subject to the exclusive jurisdiction of the State and federal courts located in Boston, Massachusetts.
Contact Information for Rhythm: Questions or concerns regarding Rhythm鈥檚 Terms of Use should be addressed to: [email protected].
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
BY USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN THAT YOU ACCEPT THOSE CHANGES.