Legal

Terms of Use

 These Terms of Use govern your access to and use of the www.rmexch.com website, which is owned and operated by Rich Media Exchange, LLC (“RME”), and the other websites of Rich Media Exchange and its subsidiaries (together with such website, collectively, the “Website”).

Please read these Terms of Use carefully before accessing or using the Website. These Terms of Use limit Rich Media Exchange’s liability and may substantively affect your rights. By accessing or using the public or private portions of the Website, you accept and agree to be bound by these Terms of Use. If you are accessing or using the Website on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms of Use, do not access or use the Website.

Changes to Legal Terms

Rich Media Exchange may change these Terms of Use and the guidelines, policies, restrictions and agreements on the Website at any time and from time to time without notice. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on the Website periodically. Your continued access to or use of the Website after any such changes are posted will constitute your acceptance of and agreement to the changes.

Content and Other Materials

Rich Media Exchange and its subsidiaries (collectively, “Affiliates” and together with Rich Media Exchange, “we”, “us” and possessives thereof) offer an on-line marketplace where people may submit and upload at the Website a variety of works, including film and video footage, photographs, articles, blog posts and/or other works, whether generated optically, electronically, digitally or by any other means or in any media or other material featuring various destinations within a state-of-the-art, intelligent streaming media video player (any and all of such works that are uploaded to the Website or otherwise submitted to us, individually and collectively, “Content”) for display on the various travel-related websites including media publications, OTA’s, travel industry sites, consortium pages, and various relevant websites.

No Content may be uploaded to the Website or otherwise submitted to us unless the person or entity doing so (a “Contributor”) first agrees the Rich Media Exchange Media Content Distribution Agreement, as the same may be changed by us from time to time (the “Media Content Distribution Agreement”), and any and all Content uploaded to the Website or otherwise submitted to us is contributed to us on the terms and subject to the conditions of the Media Content Distribution Agreement.

Unless you have entered into a separate written agreement with us, such as the License Agreement and as may be expressly permitted by said agreement, except as provided below under Evaluation Usage, any use of any of these Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without our written permission is strictly prohibited. Copyright and other intellectual property notices or watermark on any Materials shall not be deleted or modifed.

Use of the Website

We operate the Website as a service provider of an on-line marketplace, providing storage of materials on our systems or networks at the direction of Rich Media Exchange’s users.

You will access and use the Website and participate in the Website for lawful purposes only and only in accordance with these Terms of Use and the guidelines, policies, restrictions and agreements on the Website.

You will not on or though the Website do any of the following:

  1. conduct any fraudulent, criminal offence or other unlawful activity;
  2. upload any Content that is illegal, offensive, abusive, indecent, defamatory, harassing or menacing;
  3. send or upload any communication, Content that infringes, misappropriates or violates anyone else’s copyright, trademark, privacy, publicity or any other legal right;
  4. conduct any activity which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”;
  5. resell or make commercial use of the Website, any part thereof or, except as permitted by the License Agreement as related to Content downloaded thereunder, any Material;
  6. collect or use of any Content descriptions or information or prices, except (i) to view and evaluate for purchase of a license of the Content under the License Agreement or (ii) as permitted by the License Agreement as related to Content downloaded thereunder;
  7. download or copy any member, registrant or Content information for the benefit of another merchant or website except as necessary to utilize rights to downloaded Content pursuant to the License Agreement;
  8. use any data mining, robots or similar data gathering and extraction tools on or at the Website or use any other automated means to access the Website;
  9. frame or use framing techniques to enclose the Website or any part thereof or any Content or any trademark, logo, or other proprietary information (including images, text, page layout or form) of Rich Media Exchange or the Website without our express written consent;
  10. use any meta tags or any other “hidden text” utilizing any of our names or trademarks without our express written consent;
  11. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure or use the Website in any way that causes, or is likely to cause, the Website or access to or use of it to be interrupted, damaged or impaired in any way;
  12. advertise products or services or solicit any user of the Website, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email; or
  13. exploit for any commercial purpose without our express written consent the Website, any part thereof except as necessary to utilize rights to downloaded Content pursuant to the License Agreement.

User Names

You agree that: (a) you will not share the user ID or password that you obtained or use in connection with your access to or use of the Website, an upload to the Website or use of Content from the Website (collectively “User Names”) with any other person, (b) you will take all necessary actions to preserve the confidentiality of such User Names, (c) you are responsible for all acts or omissions that occur under any User Name; and (d) you will immediately notify us in writing in the event that you learn that: (i) any such User Name is lost, stolen, or improperly disclosed to a third party; (ii) the authority or employment of any person provided with a User Name on your behalf has been or is about to be terminated; (iii) the confidentiality of any User Name has been compromised in any way; or (iv) you learn about a possible or actual unauthorized access to and/or use of the Website.

Third-Party Sites

RME works with online media partners that offer links to other websites. The linked sites are not under the control of RME and RME will not be responsible for the contents of any linked site, including without limitation, any link contained in a linked site, or any changes or updates to a linked site. RME will not be responsible for webcasting or any other form of transmission received from any linked site.

RME will not be responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on online media partner websites or material.  RME does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a linked site.

RME disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to any site on websites not affiliated with RME.

Termination of Use

We may at our sole discretion terminate or limit anyone’s access to or use of the Website at any time and for any reason without prior notice. In addition, we may immediately terminate or limit your access to or use of the Website or any subscription without notice, if you fail to comply with any provision of these Terms of Use or any other agreement with us. In such event, you agree to immediately (i) stop using the Website and Content Information and (ii) remove all content from the various travel-related websites including media publications, OTA’s, travel industry sites, consortium pages, and various relevant websites you have placed the works, and (iii) pay all amounts owed to Rich Media Exchange. If we terminate or limit your access to or use of the Website for breach of any agreement or terms or reasonable cause, Rich Media Exchange will not be obligated to refund any fees paid by you.

Privacy; Your Personal Data

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the Website. Please see our Privacy Policy for further details.

By inputting any personal information on the Website or otherwise providing any personal information to us, you are consenting to your personal information being shared with and processed in the course of our business by (a) us and our Subsidiaries, and (b) in some cases the Content User in case of questions about clearances or claims of infringement.

If you believe that your privacy rights (or the privacy rights of a minor of whom you are the parent or legal guardian) are violated by any Content or other Material on the Website, email us at support@richmediaexchange.com notice with the following information:

  • a description of the material that you claim violates your (or if acting for a minor, the minor’s) privacy rights or where it is located on the Website, with enough detail that we may find it on the Website;
  • a description of how the material violates your (or if acting for a minor, the minor’s) privacy rights;
  • your (and if acting for a minor, the minor’s) name, along with your address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use has not been authorized and violates your (or if acting for a minor, the minor’s) privacy and a representation that the information in the notice is true and correct.

Services

We may provide services in connection with the Website, including email notifications, Content usage and information publication. We will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Rich Media Exchange for any damages arising out of your use of the Website, including the unavailability, failure or improper operation of services provided in connection with the Website.

You may incur fees for using certain services (“Subscription Services”) provided by us. The fees for Subscription Services will be conspicuously posted, and you will not be allowed to access any Subscription Service without first approving the fees for such service. You agree to pay us all fees charged by us for Subscription Services you elect to access.

The Website and Materials Provided “As Is”

  1. Please note that the information, software, products and services included in, or available through, the RME website are continually being updated and upgraded. RME does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE DISTRIBUTION SERVICE IS PROVIDED WITH NO WARRANTY OF ANY KIND. USE OF THE SERVICE IS AT THE CONTRIBUTOR’S RISK. RME EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING ALL ONLINE MEDIA PARTNER SITES OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply in every circumstance.
  2. The information and other materials included on partner sites may contain inaccuracies and typographical errors. RME does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). RME does not warrant that the distribution functions offered will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses.  RME does not represent the full functionality, accuracy or reliability of any material. RME may terminate, change, suspend or discontinue any aspect of its site, including the availability of any features of the site, at any time without notice or liability.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY AND/OR ITS EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THIS AGREEMENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  EXCEPT WITH RESPECT TO A BREACH BY RICH MEDIA EXCHANGE OF THE LICENSE GRANTED TO YOUR CONTENT AND THE INDEMNIFICATIONS PROVIDED UNDER THE HOLD HARMLESS AND INDEMNIFICATION SECTION OR TO YOUR OBLIGATION TO INDEMNIFY RICH MEDIA EXCHANGE FOR INFRINGEMENT CLAIMS, IN NO EVENT SHALL EITHER PARTY’S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every circumstance.  The sole remedy to register dissatisfaction with any portion of the RME website or with any of these terms of use would be to discontinue using the RME website and services provided therein.

Indemnification

User and RME agree to hold the other party harmless and indemnify one another, employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim based on an allegation that User’s content infringes the copyright or trademark of such third party, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees, of every kind and nature. The foregoing indemnity obligation shall be conditioned on both parties to provide one another with (i) timely notice of any claim for which indemnification is sought, (ii) sole control over the defense of settlement of such claim and (iii) reasonable cooperation in the defense of such claim.

Claims of Intellectual Property Infringement or Other Rights Violated.

The names, images and logos identifying RME are proprietary marks of RME, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of RME, its associated companies and affiliates, or any third party unless expressly stated otherwise.

Contributor shall be solely responsible for its content and the consequences of posting or publishing said content. By uploading content to RME,  the Contributor affirms, represents and/or warrants that: (i)  it owns, or has the necessary licenses, rights, consents, and permissions to use and authorize RME to use, all patent, trademark, trade secret, copyright or other proprietary rights to said content, including any musical recordings contained therein; and (ii)  it has the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by this Agreement.

If there is evidence that intellectual property rights have been violated (e.g., copyright or trademark infringement) by material available on the RME client/partner sites, the following information will be required:

  • The nature of the complaint and an exact description of where the material is located within the site;
  • In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that may have been infringed and a statement  that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  •  A contact name, position, physical and email address, telephone number;
  • A statement affirming the information is accurate and, in the case of a copyright/trademark dispute, that the contributor is the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
  • An electronic, to the extent authorized by Nevada Revised Statute or physical signature.

It is RME’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Any rights not expressly granted herein are reserved.

Interpretation.

Unless the context requires otherwise, in any part of these Terms of Use: (a) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; (b) “must not”, “should not”, “shall not” and “may not” are expressions of prohibition, and “will”, “must”, “should” and “shall” are expressions of command, and not merely expressions of future intent or expectation; (c) use of the singular imports the plural and vice versa; (d) references to one or no gender include the other or no gender; (e) references to the terms “herein” or “hereto” refer to these Terms of Use (including any terms incorporated by reference herein); (f) the headings in these Terms of Use are for ease of reference only and shall not affect its interpretation; and (g) when calculating the time period before which, within which or following which any act is to be done or step taken pursuant to these Terms of Use, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM Greenwich Mean Time on the applicable date.

Consent to Electronic Communications

By inputting any information on the Website, you are consenting to receive communications from us electronically and 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.

Law And Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada. Disputes arising from these Terms of Use or your use of the RME distribution services shall be exclusively subject to the jurisdiction of the Courts of the State of Nevada. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

Miscellaneous

  • If any of these Terms of Use or any other policies posted by RME management on the RME website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then, to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of RME to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
  • The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.
  • This agreement may be modified or amended on by the written agreement of the parties hereto.
  • Please sign the copy of the agreement in the space provided as confirmation of the understanding between the contributor and RME. Return it to Rich Media Exchange via email to Admin@RichMediaExchange.com, whereupon all parties will be bound to the terms of this letter of intent.

Acceptance of this Agreement

  1. By signing into RME and/or its affiliated websites, or otherwise signifying acceptance, the individual doing so accepts and agrees to be bound by this Agreement for him/herself and on behalf of you and, if different, his/her employer or other Person that is identified as the registered Website user, and agree to be bound by its provisions. If the Person accepting this Agreement is accepting on behalf of his employer and/or other Person, and such employer and/or other Person (including the Website User) claims that the accepting Person does not have such right, power and authority, notwithstanding anything else in this Agreement, in addition to all rights and remedies available against such employer and/or other Person, the accepting Person will be personally jointly and severally liable to us under the provisions of Sections 7 and 8 above whether or not such Person is otherwise considered to be “you” hereunder. If such Person does not have such right, power and authority or you do not agree with these terms, do not accept the Agreement and do not upload or otherwise submit anything to the Website or us.
  2. You acknowledge that you have read this Agreement and any other agreements or terms which may be incorporated by reference herein, understand it, and have had an opportunity to seek independent legal advice prior to agreeing to it.

Contact

If you have concerns relating to the Website, these Terms of Use or any Materials, please contact us at support@richmediaexchange.com.

Media Content Distribution Agreement

This Digital Media Distribution Agreement (“Agreement”) governs the terms by which you make your media works available to Rich Media Exchange (“RME”) (together with our affiliates), for distribution through the Rich Media Exchange websites (“Website”) and/or otherwise. Please read this Agreement carefully. RME anticipates the following services will be attempted and/or implemented within the scope of this engagement:

What this Agreement Covers

  1. This Agreement applies to any works, including video footage, photographs, illustrations, articles, blog posts, data files, and other audiovisual and digital media works submitted to us (“Content“) and any tags, captions, metadata, annotations, information or releases you provide to us relating to the Content (“Content Information“) that you submit to us.
  2. We have the right, in our sole discretion, and for any reason to accept or reject any Content or Content Information, or at any time revoke any acceptance of your Content or Content Information and remove the same from the Website.

Rights You Grant Us

  1. Content delivered by User to RME will be considered public content for the landing sites agreed to by both parties and will be searchable by and available to anyone who visits the client destination site. RME will not claim ownership of User’s materials posted, uploaded, input or submitted to the RME site.
  2. By posting, uploading, inputting, providing or submitting content to RME you hereby grant us the world-wide, non-exclusive sub-licensable (through a single tier of distribution solely to the entity that will be displaying the content on agreed upon Web sites) license to use, reproduce, distribute, publicly perform and publicly display, that content, solely for the purpose of displaying that content on agreed upon Web sites. The licenses granted by us (each a “Rich Media Exchange License Agreement“) may, as we determine to be appropriate, include some or all of the rights, restrictions and/or other terms of the Rich Media Exchange Content Agreement, as modified by us from time to time in our sole discretion, and/or any variations thereof.
  3. As a contributor of content, a secondary copyright license must be selected in addition to the license granted to RME and its affiliated companies and partners. This license will govern how third parties may use the content. This license shall be an “All Rights Reserved” license. RME shall only make content available to third parties in accordance with the terms and conditions of this Agreement.
  4. Your license to us also includes the right to, and authorizes others to, use your Content featuring various destinations within a state-of-the-art, intelligent streaming media video player for display on the various travel-related websites including media publications, OTA’s, travel industry sites, consortium pages, and various relevant websites
  5. RME and its sub-licensees shall not remove from User’s content any logos, trademarks, attribution or embedded links, and shall include the same in any reproduction of such content.
  6. In the event the Client is merged with another company, a controlling interest is acquired by any entity, or there is a material change in the Client management, RME will be immediately notified.

Copyright And Other Intellectual Property

  1. The names, images and logos identifying RME are proprietary marks of RME, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of RME, its associated companies and affiliates, or any third party unless expressly stated otherwise.
  2. Contributor shall be solely responsible for its content and the consequences of posting or publishing said content. By uploading content to RME, the Contributor affirms, represents and/or warrants that: (i)  it owns, or has the necessary licenses, rights, consents, and permissions to use and authorize RME to use, all patent, trademark, trade secret, copyright or other proprietary rights to said content, including any musical recordings contained therein; and (ii)  it has the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by this Agreement.
  3. If there is evidence that intellectual property rights have been violated (e.g., copyright or trademark infringement) by material available on the RME client/partner sites, the following information will be required:
    1. The nature of the complaint and an exact description of where the material is located within the site;
    2. In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that may have been infringed and a statement that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
    3. A contact name, position, physical and email address, telephone number;
    4. A statement affirming the information is accurate and, in the case of a copyright/trademark dispute, that the contributor is the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
    5. An electronic, to the extent authorized by Nevada Revised Statute or physical signature.
  4. It is RME’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Any rights not expressly granted herein are reserved.

Prohibited Content

  1. RME’s vision is to promote the free-flowing exchange of expression relating to the travel industry while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use, the following content is prohibited on RME:
  2. Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
  3. Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
    1. Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
    2. Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of RME, does not otherwise have redeeming value.
    3. Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
    4. Content promoting or providing instructional information about illegal activities.
    5. Content depicting cruelty to animals.
    6. Copyrighted content or material used without the express permission of the owner.
    7. Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
    8. Content that contains software or other material protected by intellectual property laws unless the contributor owns or controls the rights thereto or has secured all necessary consents and/or licenses.
    9. Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of RME servers or another user’s computer.
    10. Content that violates any applicable laws or regulations not specifically referenced herein.
  4. RME reserves the right to review materials forwarded and/or uploaded and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to Contributor. RME reserves the right to terminate access to any or all of the services offered by RME at any time without notice for any reason whatsoever.
  5. RME does not endorse any User-generated content or any opinion, recommendation or advice expressed therein. RME expressly disclaims any and all liability in connection with User-generated content. If notified by a User or a third party of uploaded material that allegedly does not conform to these Terms of Use, RME may investigate the allegation and determine in good faith and in its sole discretion whether to remove the contributed content.

Termination

  1. We may at any time and for any reason (including your submission to us of infringing Content) remove any or all of your Content from the Website (the “Terminated Content“).
  2. Except as you and we may agree in writing, you may for any or no reason remove any or all Content from the Website or deliver to us written notice of your request that we remove any or all Content from the Website. Such notice must be communicated by email to support@richmediaexchange.com or such other means of written notice acceptable to us which enables us to confirm your identity.
  3. Deleted content will not be available to the viewing public or other RME partner users, but will remain on the RME server until a specific request to RME is made for permanent deletion of such content from the RME server. Such requests must be made in writing via email to RME customer service at the following address: support@richmediaexchange.com. When content is removed, the license will automatically expire. RME cannot guarantee that content deleted from the RME servers will be deleted from the Web sites or systems of third parties. The content provider will be responsible for contacting any other web sites directly.  RME cannot guarantee the outcome, action or result with respect to any such request made by User.

Hold Harmless And Indemnification

Contributor and RME agree to hold the other party harmless and indemnify one another, employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim based on an allegation that User’s content infringes the copyright or trademark of such third party, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees, of every kind and nature. The foregoing indemnity obligation shall be conditioned on both parties to provide one another with (i) timely notice of any claim for which indemnification is sought, (ii) sole control over the defense of settlement of such claim and (iii) Reasonable Cooperation In The Defense Of Such Claim.

Warranty Disclaimer

  1. Please note that the information, software, products and services included in, or available through, the RME website are continually being updated and upgraded. RME does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE DISTRIBUTION SERVICE IS PROVIDED WITH NO WARRANTY OF ANY KIND. USE OF THE SERVICE IS AT THE CONTRIBUTOR’S RISK. RME EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING ALL ONLINE MEDIA PARTNER SITES OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply in every circumstance.
  2. The information and other materials included on partner sites may contain inaccuracies and typographical errors. RME does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). RME does not warrant that the distribution functions offered will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses.  RME does not represent the full functionality, accuracy or reliability of any material. RME may terminate, change, suspend or discontinue any aspect of its site, including the availability of any features of the site, at any time without notice or liability.

Limitation Of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY AND/OR ITS EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THIS AGREEMENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT WITH RESPECT TO A BREACH BY RICH MEDIA EXCHANGE OF THE LICENSE GRANTED TO YOUR CONTENT AND THE INDEMNIFICATIONS PROVIDED UNDER THE HOLD HARMLESS AND INDEMNIFICATION SECTION OR TO YOUR OBLIGATION TO INDEMNIFY RICH MEDIA EXCHANGE FOR INFRINGEMENT CLAIMS, IN NO EVENT SHALL EITHER PARTY’S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
  2. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every circumstance. The sole remedy to register dissatisfaction with any portion of the RME website or with any of these terms of use would be to discontinue using the RME website and services provided therein.

Law And Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada. Disputes arising from these Terms of Use or your use of the RME distribution services shall be exclusively subject to the jurisdiction of the Courts of the State of Nevada. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

Miscellaneous

  1. If any of these Terms of Use or any other policies posted by RME management on the RME website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then, to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of RME to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
  2. The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.
  3. This agreement may be modified or amended on by the written agreement of the parties hereto.

Acceptance of this Agreement

  1. By signing into RME and/or its affiliated websites, or otherwise signifying acceptance, the individual doing so accepts and agrees to be bound by this Agreement for him/herself and on behalf of you and, if different, his/her employer or other Person that is identified as the registered Website user, and agree to be bound by its provisions. If the Person accepting this Agreement is accepting on behalf of his employer and/or other Person, and such employer and/or other Person (including the Website User) claims that the accepting Person does not have such right, power and authority, notwithstanding anything else in this Agreement, in addition to all rights and remedies available against such employer and/or other Person, the accepting Person will be personally jointly and severally liable to us under the provisions of Sections 7 and 8 above whether or not such Person is otherwise considered to be “you” hereunder. If such Person does not have such right, power and authority or you do not agree with these terms, do not accept the Agreement and do not upload or otherwise submit anything to the Website or us.
  2. You acknowledge that you have read this Agreement and any other agreements or terms which may be incorporated by reference herein, understand it, and have had an opportunity to seek independent legal advice prior to agreeing to it.

Privacy statement

This privacy statement describes how Rich Media Exchange, LLC collects and uses the personal information you provide on our website and its affiliates. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Collection and Use of Personal Information 

We collect the following personal information from you:

  1. Contact Information such as name, email address, mailing address, phone number
  2. Billing Information such as credit card number, and billing address
  3. Unique Identifiers such as user name, account number, password

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system. We use this information to:

  1. Fulfill your subscription
  2. Send you an order confirmation
  3. Send you requested product or service information
  4. Respond to customer service requests
  5. Administer your account
  6. Send you a newsletter

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at support@richmediaexchange.com.

Information Obtained from Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Information Sharing 

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

We may also disclose your personal information:

  1. as required by law such as to comply with a subpoena, or similar legal process
  2. when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  3. if Rich Media Exchange, LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  4. to any other third party with your prior consent to do so.

Cookies and Other Tracking Technologies 

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

We use another company to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our site.

Links to Other Web Sites

Our Site may include links to other Web sites whose privacy practices may differ from those of Rich Media Exchange, LLC. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Security 

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at support@richmediaexchange.com.

We provide means for you to make a subscription purchase on our site. If you chose to subscribe, the transmission of sensitive information collected on our subscription form is encrypted using secure socket layer technology (SSL).

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at info@richmediaexchange.com.

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Information 

You can contact us about this privacy statement by writing or email us at the address below:

Rich Media Exchange, LLC
7200 S Alton Way,

Suite A290

Centennial CO 80112
Email: info@richmediaexchange.com
Phone: (303) 500-0430