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Terms of Service

1. Your Acceptance

  • By using and/or visiting this website (collectively, including all content and functionality available through the RiverCityGraphix.com domain name, the "RiverCityGraphix Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)RiverCityGraphix's privacy notice, found at http://www.rivercitygraphix.com/privacy.php, and (3) RiverCityGraphix’s Community Guidelines, found at http://www.rivercitygraphix.com/community_guidelines.php. If you do not agree to any of these terms, the privacy policy, or the Community Guidelines, please do not use the RiverCityGraphix Website.

  • Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. RiverCityGraphix may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


  • 2. RiverCityGraphix Website

  • These Terms of Service apply to all users of the RiverCityGraphix Website, including users who are also contributors of content, information, and other materials or services on the Website. The RiverCitygraphix Website includes all aspects of RiverCityGraphix, including but not limited to all products, software and services offered via the website.

  • The RiverCityGraphix Website may contain links to third party websites that are not owned or controlled by RiverCityGraphix. RiverCityGraphix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RiverCityGraphix will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve RiverCityGraphix from any and all liability arising from your use of any third-party website.

  • Accordingly, we encourage you to be aware when you leave the RiverCityGraphix Website and to read the terms and conditions and privacy policy of each other website that you visit.


  • 3. RiverCityGraphix Accounts

  • In order to access some features of the Website, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RiverCityGraphix immediately of any breach of security or unauthorized use of your account.

  • Although RiverCityGraphix will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RiverCityGraphix or others due to such unauthorized use.

  • 4. General Use of the Website—Permissions and Restrictions

    RiverCityGraphix hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  • You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without RiverCityGraphix’s prior written authorization.

  • You agree not to alter or modify any part of the Website.

  • You agree not to access User Submissions (defined below) or RiverCityGraphix Content through any technology or means other than the video playback pages of the Website itself.

  • You agree not to use the Website, for any commercial use, without the prior written authorization of RiverCityGraphix. Prohibited commercial uses include any of the following actions taken without RiverCityGraphix’s express approval:

  • sale of access to the Website or its related services on another website;

  • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

  • the sale of advertising, on the RiverCityGraphix website or any third-party website, targeted to the content of specific User Submissions or RiverCityGraphix content;

  • and any use of the Website or its related services that RiverCityGraphix finds, in its sole discretion, to use RiverCityGraphix’s resources or User Submissions with the effect of competing with or displacing the market for RiverCityGraphix, RiverCityGraphix content, or its User Submissions.

  • Prohibited commercial uses do not include:

  • uploading original content to RiverCityGraphix, or maintaining an original profile on RiverCityGraphix, to promote your business or artistic enterprise;

  • any use that RiverCityGraphix expressly authorizes in writing.

  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the RiverCityGraphix servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RiverCityGraphix grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RiverCityGraphix reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

  • In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, RiverCityGraphix Community Guidelines, and all applicable local, national, and international laws and regulations.

  • RiverCityGraphix reserves the right to discontinue any aspect of the RiverCityGraphix Website at any time.


  • 5. Your Use of Content on the Site

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the RiverCityGraphix Website.

  • The content on the RiverCityGraphix Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and the trademarks, service marks and logos contained therein, are owned by or licensed to RiverCityGraphix, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. RiverCityGraphix reserves all rights not expressly granted in and to the Website and the Content.

  • You may access User Submissions for your information and personal use solely as intended through the provided functionality of the RiverCityGraphix Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by RiverCityGraphix on the RiverCityGraphix Website for that User Submission.

  • User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the RiverCityGraphix Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the RiverCityGraphix Website or otherwise as prohibited under this Agreement.

  • You may access RiverCityGraphix Content, User Submissions and other content only as permitted under this Agreement. RiverCityGraphix reserves all rights not expressly granted in and to the RiverCityGraphix Content and the RiverCityGraphix Website.

  • You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

  • You agree not to circumvent, disable or otherwise interfere with security-related features of the RiverCityGraphix Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RiverCityGraphix Website or the Content therein.

  • You understand that when using the RiverCityGraphix Website, you will be exposed to User Submissions from a variety of sources, and that RiverCityGraphix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RiverCityGraphix with respect thereto, and agree to indemnify and hold RiverCityGraphix, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.


  • 6. Your User Submissions and Conduct

  • As a RiverCityGraphix account holder you understand that whether or not User Submissions are published, RiverCityGraphix does not guarantee any confidentiality with respect to any User Submissions.

  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize RiverCityGraphix to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

  • For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to RiverCityGraphix, you hereby grant RiverCityGraphix a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the RiverCityGraphix Website and RiverCityGrapix’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the RiverCityGraphix Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the RiverCityGraphix Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree that RiverCityGraphix may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

  • In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RiverCityGraphix all of the license rights granted herein.

  • You further agree that you will not, in connection with User Submissions, submit material that is contrary to the RiverCityGraphix Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

  • RiverCityGraphix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and RiverCityGraphix expressly disclaims any and all liability in connection with User Submissions. RiverCityGraphix does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and RiverCityGraphix will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. RiverCityGraphix reserves the right to remove Content and User Submissions without prior notice.


  • 7. Account Termination Policy

  • RiverCityGraphix will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

  • RiverCityGraphix reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. RiverCityGraphix may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.


  • 8. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE RIVERCITYGRAPHIX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RIVERCITYGRAPHIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RIVERCITYGRAPHIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RIVERCITYGRAPHIX WEBSITE. RIVERCITYGRAPHIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RIVERCITYGRAPHIX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RIVERCITYGRAPHIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


    9. Limitation of Liability

    IN NO EVENT SHALL RIVERCITYGRAPHIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RIVERCITYGRAPHIX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    YOU SPECIFICALLY ACKNOWLEDGE THAT RIVERCITYGRAPHIX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


    The Website is controlled and offered by RiverCityGraphix from its facilities in the United States of America. RiverCityGraphix makes no representations that the RiverCityGraphix Website is appropriate or available for use in other locations. Those who access or use the RiverCityGraphix Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


    10. Indemnity

    You agree to defend, indemnify and hold harmless RiverCityGraphix, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the RiverCityGraphix Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the RiverCityGraphix Website.


    11. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.


    12. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RiverCityGraphix without restriction.


    13. General

    If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and RiverCityGraphix's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. RiverCityGraphix reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the RiverCityGraphix Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RIVERCITYGRAPHIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RIVERCITYGRAPHIX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.