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1. By becoming a member of this service (the
"Service" or “Service Website” or “Service
Platform”), you become a Subscriber (“Subscriber”
or “Member”) and agree to be bound by this Agreement
(the "Agreement"). This Agreement is subject to
change at any time, and changes are effective upon each update
of this Agreement.
2. Some or all of the following fees and charges may be
incurred by the Subscriber: Subscription fees. The subscriber
is responsible for paying periodic subscription fees according
to the then-current billing terms.
3. Unless and until this agreement is cancelled in accordance
with the terms hereof, Subscriber hereby authorizes the "Service"
to charge subscriber's credit card (or other approved facility)
to pay for the ongoing cost of membership. Subscriber hereby
further authorizes the "Service" to charge Subscriber's
credit card (or other approved facility) for any and all purchases
of products, services and entertainment provided by the Company (NR Media Holdings, LLC) (No Rivals) (NRM) . Subscribership may not be assigned or transferred
to any other person or entity. Subscriber must promptly inform
billing of the following: changes in the expiration date of
any credit card used in connection with the Service; changes
in home or billing address; and apparent breaches of security,
such as loss, theft, or unauthorized disclosure or use of
an ID or password. Until No Rivals is notified,
by e-mail of a breach in security, the Subscriber will remain
liable for any unauthorized use of the Service. Upon request,
Subscribers will be given access to billing records that support
charges for use of the Service.
4. Payment for the appropriate services may be made by automatic
credit card debit. Members will be automatically renewed for
the original term upon expiration, unless No Rivals is notified via email, along with your UserName and Password,
48 hours prior to membership expiration. Three or Seven Days
Special Introductory Trial Memberships shall renew at the
normal one-month membership rate of Thirty-Nine dollars and
Ninety-Five cents. Three or Seven Day Special Introductory
Trial Memberships do not grant the member access to the full
selection of content or full range of benefits of the Service.
Trial Memberships receive access to a reduced amount of content
and services, which is upgraded to full access upon the renewal
to the full one-month membership, or upon request of the subscriber
via "Membership Upgrade" links present in the password
protected area of the Service.
5. Subscription to the Service may be terminated at any
time, and without cause, by either No Rivals or
the Subscriber upon notification of the other by electronic
mail. Subscribers are liable for charges incurred by them
until termination of service.
6. Subscribers are responsible for providing all personal
computer and communications equipment necessary to gain access
to the Service. Access to and use of the Service is through
a combination of an ID and a password. Each Subscriber must
keep his password strictly confidential. Remember your password!
For security reasons, No Rivals will not release
passwords for any reason, except as may be specifically required
by law or court order. Unauthorized access to the Service
is a breach of this Agreement and a violation of law.
7. Any liability of No Rivals including without
limitation any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft, destruction, or unauthorized access to,
alteration of, or use of records, whether for breach of contract,
tortious behavior, negligence, or under any other cause or
action, shall be strictly limited to the amount paid by or
on behalf of the subscriber to No Rivals for the
previous one (1) transaction period. Some states do not allow
the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion
may not apply to you.
8. No warranty is made by No Rivals regarding
any information, services, or products provided through or
in connection with the Service, and No Rivals hereby
expressly disclaims any and all warranties, including without
limitation:1) any warranties as to the availability, accuracy,
or content of information, products, or services; 2) any warranties
of merchantability or fitness for a particular purpose. Some
states/provinces do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
9. Except for public domain material and electronic messages,
all material displayed on the Service is copyrighted by NR
Media, Inc, Brandi Love, LLC, Retrotica Girls, LLC, Captured
Souls, LLC, NR Holdings, LLC, Tempting Dreams, LLC. or Falcon
Enterprises, LLC and may not be copied, redistributed, or
published in any form, in whole or in part, without the prior
written consent of the copyright owner, unless otherwise clearly
stated in this Agreement.
10. The material on the Service is for the private, non-commercial
enjoyment of Subscribers only. Any other use is prohibited.
11. The Service enables Subscribers to share information
with other Subscribers. Subscribers agree not to submit, publish,
or display on the Service any defamatory, inaccurate, abusive,
threatening, racially offensive, or illegal material. Transmission
of such material that violates any federal, state, or local
law, is prohibited and is a breach of this Agreement.
12. Subscribers agree not to engage in advertising to, or
solicitation of other Subscribers to buy or sell any products
or services through the Service without prior written consent.
Subscribers are responsible for information they send, or
display through the Service even if a claim should arise after
termination of service.
13. When you visit and purchase a membership to No Rivals operated sites or provide us your email to request
free promotional newsletters and advertising, or send e-mails
to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this
site. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically
satisfy any legal requirement that such communications be
in writing.
14. There are no facilities provided by the Service for
sending or receiving private or confidential electronic communications.
All messages shall be deemed to be readily accessible to the
general public. Do not use the Service for any communication
for which the sender intends only the sender and the intended
recipient(s) to read. Notice is hereby given that all messages
entered into this Service can and may be read by the operators
of the Service, whether or not they are the intended recipient(s).
15. Notices by No Rivals to Subscribers may be
given by means of electronic messages through the Service,
by a general posting on the service, or by conventional mail.
Notices by Subscribers may be given by electronic messages
unless otherwise specified in the Agreement.
* All questions regarding new membership by means of electronic
message should be sent to Customer Service
16. The subscriber hereby warrants and represents that he
or she is over the age of eighteen (18) or twenty-one (21)
in some jurisdictions; and in all respects is qualified and
competent to enter into this agreement.
17. Social Networking Terms and Services:
The Service is providing a social networking platform (“Platform”)
that allows Members to create unique personal profiles online
in order to find and communicate with old and new friends.
The services offered by The Service include the The Service
Website, the The Service Internet messaging platform, and
any other features, content, or applications offered from
time to time by The Service in connection with the Website.
The Website and Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth
the legally binding terms for your use of The Service Platform.
By using the The Service Platform, you agree to be bound by
this Agreement, whether you are a "Visitor" (which
means that you simply browse the The Service Website) or you
are a "Member" (which means that you have registered
with The Service). The term "User" refers to a Visitor
or a Member. You are only authorized to use the The Service
Platform (regardless of whether your access or use is intended)
if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do
not agree with it, you should leave the The Service Website
and discontinue use of the The Service Platform immediately.
If you wish to become a Member, communicate with other Members
and make use of the The Service Platform, you must read this
Agreement. BY BECOMING A MEMBER OF THE SERVICE YOU AGREE TO
BE BOUND BY THIS AGREEMENT.
The Service may modify this Agreement from time to time and
such modification shall be effective upon posting by The Service
on the The Service Website. You agree to be bound to any changes
to this Agreement when you use the The Service Platform after
any such modification is posted. It is therefore important
that you review this Agreement regularly to ensure you are
updated as to any changes.
Please choose carefully the information you post on The Service
and that you provide to other Users. Your profile may not
include the following items: telephone numbers, street addresses,
last names, and any photographs containing obscene, lewd,
excessively violent, harassing, or otherwise objectionable
subject matter. Despite this prohibition, information provided
by other The Service Website Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive
or sexually explicit material, products or services, and The
Service assumes no responsibility or liability for this material.
If you become aware of misuse of the The Service Platform
by any person, please contact support.
The Service reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including private
messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the The Service Platform at any
time, for any or no reason, with or without prior notice,
and without liability.
1. Eligibility. Use of and Membership in the The Service Platform
is void where prohibited. By using the The Service Platform,
you represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you are 18 years of
age or older; and (d) your use of the The Service Platform
does not violate any applicable law or regulation. Your profile
may be deleted and your Membership may be terminated without
warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect
while you use the The Service Platform or are a Member. You
may terminate your Membership at any time, for any reason,
by following the instructions on the support page. The Service
may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain
in effect.
3. Non-commercial Use by Members. The Service Platform is
for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that
are specifically endorsed or approved by The Service. Illegal
and/or unauthorized use of the The Service Platform, including
collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited
email is prohibited. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed from
Member profiles without notice and may result in termination
of Membership privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of the The Service
Platform.
4. Proprietary Rights in Content on The Service.
1. The Service does not claim any ownership rights in the
text, files, images, photos, video, sounds, musical works,
works of authorship, or any other materials (collectively,
"Content") that you post to the The Service Website
or through the Service Platform. After posting your Content
to the The Service Platform, you continue to retain all ownership
rights and liability for such Content, and you continue to
have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content
on or through the The Service Platform, you hereby grant to
The Service a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content.
Without this license, The Service would be unable to provide
the The Service Platform. For example, without the right to
modify Member Content, The Service would not be able to digitally
compress music files that Members submit or otherwise format
Content to satisfy technical requirements, and without this
right, The Service could not allow Users to listen to music
posted by Members. The license you grant to The Service is
non-exclusive (meaning you are free to license your Content
to anyone else in addition to The Service), fully-paid and
royalty-free (meaning that The Service is not required to
pay you for the use of the Content that you post), sublicensable
(so that The Service is able to use its affiliates and subcontractors
such as Internet content delivery networks to provide the
The Service Platform), and worldwide (because the Internet
and the The Service Platform are global in reach). This license
will not terminate at the time you remove your Content from
the The Service Platform. The license does not grant The Service
the right to sell your Content, however it does grant The
Service the right to distribute your Content outside of the
The Service Website.
2. You represent and warrant that: (i) you own the Content
posted by you on or through the The Service Platform or otherwise
have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the The
Service Platform does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of
any person. You agree to pay for all royalties, fees, and
any other monies owing any person by reason of any Content
posted by you to or through the The Service Platform.
3. The The Service Platform contain Content of Users and other
The Service licensors. Except for Content posted by you, you
may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing
on or through the The Service Platform.
5. Content Posted.
1. The Service may delete any Content that in the sole judgment
of The Service violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten the safety
of any person. The Service assumes no responsibility for monitoring
the The Service Platform for inappropriate Content or conduct.
If at any time The Service chooses, in its sole discretion,
to monitor the The Service Platform, The Service nonetheless
assumes no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post
on or through any of the The Service Platform, and any material
or information that you transmit to other Members and for
your interactions with other Users. The Service does not endorse
and has no control over the Content. Content is not necessarily
reviewed by The Service prior to posting and does not necessarily
reflect the opinions or policies of The Service. The Service
makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material
or information that you transmit to other Members.
6. Content/Activity Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited
to post on or through the The Service Platform. The Service
reserves the right to investigate and take appropriate legal
action against anyone who, in The Service's sole discretion,
violates this provision, including without limitation, removing
the offending communication from the The Service Platform
and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the
sole discretion of The Service:
1. is patently offensive and promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains violence, or offensive subject matter or contains
a link to another website.
5. provides any telephone numbers, street addresses, last
names, URLs or email addresses;
6. promotes information that you know is false or misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links
to pirated music files;
8. involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
9. contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page);
10. furthers or promotes any criminal activity or enterprise
or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer
viruses;
11. solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
13. includes a photograph of another person that you have
posted without that person's consent.
14. criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
15. advertising to, or solicitation of, any Member to buy
or sell any products or services through the The Service Platform.
You may not transmit any chain letters or junk email to other
Members. It is also a violation of these rules to use any
information obtained from the The Service Platform in order
to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members
from such advertising or solicitation, The Service reserves
the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to a number
which The Service deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email,
instant messages or other unsolicited communications of any
kind through the The Service Platform, you acknowledge that
you will have caused substantial harm to The Service, but
that the amount of such harm would be extremely difficult
to ascertain. As a reasonable estimation of such harm, you
agree to pay The Service $50 for each such unsolicited email
or other unsolicited communication you send through the The
Service Platform;
16. covering or obscuring the banner advertisements on your
personal profile page, or any The Service page via HTML/CSS
or any other means;
17. any automated use of the system, such as using scripts
to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden
on the The Service Platform or the networks or services connected
to the The Service Platform;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member
at any time or disclosing your password to any third party
or permitting any third party to access your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the The Service Platform
in order to harass, abuse, or harm another person;
23. displaying an advertisement on your profile, or accepting
payment or anything of value from a third person in exchange
for your performing any commercial activity on or through
the The Service Platform on behalf of that person, such as
placing commercial content on your profile, posting blogs
or bulletins with a commercial purpose, selecting a profile
with a commercial purpose as one of your "Top 8"
friends, or sending private messages with a commercial purpose;
or
24. using the The Service Platform in a manner inconsistent
with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks,
or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of The Service to terminate Membership
privileges of any Member who repeatedly infringes the copyright
rights of others upon receipt of proper notification to The
Service by the copyright owner or the copyright owner's legal
agent. Without limiting the foregoing, if you believe that
your work has been copied and posted on the The Service Platform
in a way that constitutes copyright infringement, please provide
our Attorney with the following information: (i) an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description
of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is
infringing is located on the The Service Platform; (iv) your
address, telephone number, and email address; (v) a written
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; (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act
on the copyright owner's behalf. The Service's Attorney for
notice of claims of copyright infringement can be reached
as follows: Corporate Counsel, No Rivals. Chad
Belville, Esq. PO Box 91314 Phoenix, AZ 85066 Facsimile: 602.297.6953
; and email No Rivals here.
8. Member Disputes. You are solely responsible for your interactions
with other Members. The Service reserves the right, but has
no obligation, to monitor disputes between you and other Members.
9. Privacy. Use of the The Service Platform is also governed
by our Privacy Policy.
10. Disclaimers. The Service is not responsible for any incorrect
or inaccurate Content posted on the The Service Website or
in connection with the The Service Platform, whether caused
by Users of the The Service Platform or by any of the equipment
or programming associated with or utilized in the The Service
Platform. Profiles created and posted by Members on the The
Service Website may contain links to other websites. The Service
is not responsible for the Content, accuracy or opinions expressed
on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by The Service.
Inclusion of any linked website on the The Service Platform
does not imply approval or endorsement of the linked website
by The Service. When you access these third-party sites, you
do so at your own risk. The Service takes no responsibility
for third party advertisements which are posted on this The
Service Website or through the The Service Platform, nor does
it take any responsibility for the goods or services provided
by its advertisers. The Service is not responsible for the
conduct, whether online or offline, of any User of the The
Service Platform. The Service 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, any User or Member communication. The Service is not responsible
for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players
due to technical problems or traffic congestion on the Internet
or on any of the The Service Platform or combination thereof,
including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading
materials in connection with the The Service Platform. Under
no circumstances shall The Service be responsible for any
loss or damage, including personal injury or death, resulting
from use of the The Service Platform, attendance at a The
Service event, from any Content posted on or through the The
Service Platform, or from the conduct of any Users of the
The Service Platform, whether online or offline. The The Service
Platform are provided "AS-IS" and as available and
The Service expressly disclaims any warranty of fitness for
a particular purpose or non-infringement. The Service cannot
guarantee and does not promise any specific results from use
of the The Service Platform.
11. Limitation on Liability. IN NO EVENT SHALL THE SERVICE
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE SERVICE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SERVICE
FOR THE THE SERVICE PLATFORM DURING THE TERM OF MEMBERSHIP.
12. Disputes. If there is any dispute about or involving
the The Service Platform, you agree that the dispute shall
be governed by the laws of the State of Nevada, USA, without
regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts
of the United States located in the State of Nevada, Clark
County. Either The Service or you may demand that any dispute
between The Service and you about or involving the The Service
Platform must be settled by arbitration utilizing the dispute
resolution procedures of the American Arbitration Association
(AAA) in Clark County, Nevada, USA, provided that the foregoing
shall not prevent The Service from seeking injunctive relief
in a court of competent jurisdiction.
13. Indemnity. You agree to indemnify and hold The Service,
its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the
The Service Platform in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or
if any Content that you post on the The Service Website or
through the The Service Platform causes The Service to be
liable to another.
Please contact us here with any questions regarding this
Agreement.
This Agreement contains the entire agreement between the Subscriber
and No Rivals regarding the use of the Service
and the Service Platform, and supersedes all prior written
and oral understandings and writings, and may only be amended
upon notice by No Rivals to Subscribers. Unless
otherwise explicitly stated, the provisions of this Agreement
shall survive its termination. The Agreement shall be governed
pursuant to the laws of the State of Nevada.
NRM values your participation and patronage. If you have any
questions regarding this privacy policy, feel free contact
us at support @ norivals.com
(Revised July 1, 2008)
......
If you would prefer to speak with us voice to voice please
free to call our office between 10am and 7pm est at 919-749--0624
You may also reach us at our North Carolina
offices:
NR Media Holdings, LLC
4501 New Bern Ave Suite 130-369
Raleigh, NC 27610
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