Terms of Use effective on January 1, 2014.
By accessing or using the Rush.com Rush.com site, the Rush.com service, or any applications (including mobile applications) made available by Rush.com (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Rush.com (“Rush.com”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. Any special feature may have unique terms and conditions which shall apply in addition to these Terms of Use.
1.1 Content, as defined below, uploaded to or otherwise provided to Rush.com, may be used on this website, as part of any Rush live show, and/or as part of any audio-visual production or audio-only production, referable to any Rush live show, including packaging, promotion or other matters referable to Rush, whether commercial or otherwise and whether connected with any service or product referable to Rush. Uploading content constitutes an irrevocable license in perpetuity to use Content without cost or liability. Without limiting the generality of the foregoing, you hereby waive in favor of Rush.com and its designees, any and all rights, including without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights that you or anyone claiming through you or otherwise may have now or in the future. You shall have no right to prevent or seek payment for any use of the Content as aforesaid.
1.2 Rush.com does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Rush.com a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide and perpetual license to use the Content that you post on or through the Service.
1.3. The Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Rush.com shall place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
1.4. You acknowledge that Rush.com shall not always identify paid services, sponsored content, or commercial communications as such.
1.5. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
1.6. The Service contains content owned or licensed by Rush.com (“Rush.com Content”). Rush.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Rush.com, Rush.com owns and retains all rights in the Rush.com Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rush.com Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Rush.com Content.
1.7. The Rush.com name and logo are trademarks of Rush Productions and Rush, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of Rush.com and Rush Productions. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Rush.com, and shall not be copied, imitated or used, in whole or in part, without prior written permission from Rush.com.
1.8. Although it is Rush.com’s intention for the Service to be available as much as possible, there will be occasions when the Service shall be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Rush.com reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service shall continue to be stored by Rush.com, including, without limitation, in order to comply with certain legal obligations, but shall not be retrievable without a valid court order. Consequently, Rush.com encourages you to maintain your own backup of your Content. In other words, Rush.com is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Rush.com will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet shall be subject to breaches of security and that the submission of Content or other information shall not be secure.
1.9 You agree that Rush.com is not responsible for, and does not endorse, Content posted within the Service. Rush.com does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you shall bear legal responsibility for that Content.
1.10 All Content will be non-confidential and non-proprietary and Rush.com will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Rush.com is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Rush.com in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Rush.com, and Rush.com will not be liable for any use or disclosure of any Content you provide.
1.11. If you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Rush.com is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
2.1 You must be of legal age to use the Service.
2.2 You shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
2.3. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you shall not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
2.4. You shall not use the Service for any illegal or unauthorized purpose. You shall comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
2.5 You shall be solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
2.6. You shall not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Rush.com.
2.7. You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Rush.com users.
2.8. You shall not use domain names or Rush.com URLs in your username without prior written consent from Rush.com.
2.9. You shall not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any Rush.com page is rendered or displayed in a user’s browser or device.
2.10. You shall not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
2.11 You shall not attempt to restrict another user from using or enjoying the Service and you shall not encourage or facilitate violations of these Terms of Use or any other Rush.com terms.
2.12 Violation of these Terms of Use shall, in Rush.com’s sole discretion, result in termination of your Rush.com account and/or access to Rush.com. You understand and agree that Rush.com cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Rush.com, Rush.com can stop providing all or part of the Service to you.
2.13 Rush.com reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
2.14 Rush.com reserves the right, in Rush.com’s sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless Rush.com makes a change for legal or administrative reasons, Rush.com will provide reasonable advance notice before the Updated Terms become effective. You agree that Rush.com shall notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as Rush.com shall reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as shall be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
2.15 Rush.com reserves the right to refuse access to the Service to anyone for any reason at any time.
2.16 Rush.com reserves the right to force forfeiture of any username for any reason.
2.17. Rush.com shall, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Rush.com determine in Rush.com’s sole discretion violates these Terms of Use.
2.18 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Rush.com is not responsible or liable for the conduct of any user. Rush.com reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
2.19. There shall be links from the Service, or from communications you receive from the Service, to third-party sites or features. There shall also be links to third-party sites or features in images or comments within the Service. The Service also includes third-party content that Rush.com do not control, maintain or endorse. Functionality on the Service shall also permit interactions between the Service and a third-party site or feature, including applications that connect the Service or your profile on the Service with a third-party site or feature.
For example, the Service shall include a feature that enables you to share Content from the Service or your Content with a third party, which shall be publicly posted on that third party’s service or application. You do so at your own risk. Rush.com does not control any of these third-party services or any of their content.
You expressly acknowledge and agree that Rush.com is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party.
You shall choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application shall interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application shall cause personally identifying information to be publicly disclosed and/or associated with you, even if Rush.com has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Rush.com Parties (defined below) harmless for activity related to the Application.
2.20. You agree that you are responsible for all data charges you incur through use of the Service.
2.21 Rush.com prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as shall be the result of standard search engine protocols or technologies used by a search engine with Rush.com’s express consent).
3.1 The Service, including, without limitation, Rush.com content, is provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, neither Rush.com nor its parent company nor Rush, nor Rush Productions, nor The Anthem Entertainment Group Inc., nor S.R.O. Management Inc. nor any of their employees, managers, officers or agents (collectively, the “Rush.com Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Rush.com content; (c) user content; or (d) security associated with the transmission of information to Rush.com or via the service. In addition, the Rush.com Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
3.2 The Rush.com Parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. the Rush.com Parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. you acknowledge that your use of the service is at your sole risk. the Rush.com Parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Rush.com Parties specifically disclaim such warranties. some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer shall not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.
3.3 By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
3.4 The Rush.com Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
3.5 The Rush.com Parties will not be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Rush.com content; (c) user Content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Rush.com Parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Rush.com Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). The Rush.com Parties shall not be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion shall not apply to you. in no event will the Rush.com Parties total liability to you for all damages, losses or causes or action exceed one hundred Canadian dollars ($100.00).
3.6 You agree that in the event you incur any damages, losses or injuries that arise out of Rush.com’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any site, service, property, product or other content owned or controlled by the Rush.com Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any site, property, product, service, or other content owned or controlled by the Rush.com Parties.
By accessing the service, you understand that you shall be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of any law or statute or practice that provides substantially that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
3.7 Rush.com is not responsible for the actions, content, information, or data of third parties, and you release us, the Rush.com Parties and their directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
3.8 You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Rush.com’s request), indemnify and hold the Rush.com Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Rush.com in the defense of any claim. Rush.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Rush.com.
3.9 You agree that all disputes between you and Rush.com (whether or not such dispute involves a third party) with regard to your relationship with Rush.com, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration pursuant to the arbitration rules and services for and in the Province of Ontario, Canada, and you and Rush.com hereby expressly waive trial by jury.
You shall bring claims only on your own behalf. Neither you nor Rush.com will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Rush.com is a party to the proceeding.
3.10 You agree that any claim you shall have arising out of or related to your relationship with Rush.com must be filed within three (3) months after such claim arose; otherwise, your claim is permanently barred.
3.11 These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You shall only use courts of competent jurisdiction in the city of Toronto, in the Province of Ontario, Canada to hear any matter related to any claim under this agreement or Rush.com. and you hereby submit to their exclusive jurisdiction.
3.12 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Rush.com’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Rush.com reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Rush.com.
3.13 If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Rush.com and governs your use of the Service, superseding any prior agreements between you and Rush.com. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Rush.com. Any purported assignment or delegation by you without the appropriate prior written consent of Rush.com will be null and void. Rush.com shall assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
3.14 The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rush.com to any registration requirement within such jurisdiction or country. Rush.com reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in Rush.com’s sole discretion, and to limit the quantities of any content, program, product, service or other feature that Rush.com provides.
TERMS OF USE END HERE
