Relationship Infrastructure™
User Agreement RNIA provides the Relationship Infrastructure ("the infra"), an automated standard that enables Relationship Capital ("RC") accounting. We want to make sure we have a clear understanding of our commitments and yours. ------------------------------ Effective October 1, 2011 By accessing, viewing, downloading or otherwise using the Relationship Infrastructure, any information provided as part of the infra's services, or any related emails, newsletters or services, or by clicking “Sign Up” during the registration process, you conclude a legally binding agreement with RNIA, 2080 Century Park E, Suite 1900, Los Angeles, CA 90067, USA (“we”) based on the terms of this RNIA User Agreement (“Agreement”) and become an infra user (“User”). If you are using the infra on behalf of a company or other legal entity you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Sign Up” and do not access, view, download or otherwise use the infra. We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions. 1. Your Obligations — What You Must Do Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement: - DOs and DON’Ts - Notice and Take-Down Procedure Terms for Complaints re Copyright Infringement and Content - Other Notices - RNIA’s Privacy Policy License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform RNIA in the event that any such information has changed since your registration with RNIA and, if appropriate, you agree to make such modifications yourself to your profiles. RNIA exercises no control over any content you or others submit while using the infra. RNIA has no obligation to verify the identity of any Users when they are connected to the infra or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through the infra in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform RNIA. Prior to registering on the infra, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself and your business to the community of infra Users and to RNIA and you must not communicate to RNIA and infra Users any information the dissemination of which could be harmful to you. Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from the infra; (c) do not have more than one infra account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to the infra, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the infra and to use any part of the infra. Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (customer.service@RNIA.org), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your infra account or any information therein to another party or charging anyone for access to any portion of the infra, or any information therein. Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to the infra or (c) any activity in which you engage on or through the infra. Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, annual and monthly fees for certification) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation. Services: If you have access to any RNIA Certificate-Holder Services, this User Agreement applies to your use of such services. Mobile Services: Certain parts of the infra may be available via your mobile communications device or accessible on your mobile communications device through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your RNIA account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download. Forums: the infra includes various forums where you can post your observations and comments on designated topics. RNIA cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the infra. RNIA IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUM. Privacy: You should carefully read our full Privacy Policy before deciding to become a User of the infra. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data. Export Control: Your use of the infra is subject to export and reexport control laws and regulations, including the the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software. 2. Your Rights — What You May Do On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on infra webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise. 3. Our Rights and Obligations — What We Must And May Do A purpose of the infra is to permit users to voluntarily provide information about themselves and their businesses for the purposes of RC accounting. It is intended that Users rely on this information in order to seek to further develop a relationship with other Users. For as long as RNIA continues to offer services, RNIA shall provide (and seek to update, improve and expand, in similar and different new ways) the infra with the purpose of providing all members with RC accounting connectivity, through RNIA’s proprietary tools, rules and protocols which RNIA may update, improve, discontinue and change at any time, at RNIA’s sole discretion. Any other use of the infra (such as using it as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement. We allow you to access the infra as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the infra, partially or entirely, or to charge and modify prices for it. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the infra and all related items. RNIA reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, RNIA has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the infra. You acknowledge and agree that we may send you important information and notices regarding the infra by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the infra. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of RNIA, the infra, its Users and the public. RNIA may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the infra. You are solely responsible for your interactions with other Users. RNIA reserves the right, but has no obligation, to monitor disputes between you and other Users and to terminate your account if RNIA determines, in its sole discretion, that doing so is prudent. 4. Disclaimer SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON RNIA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE INFRA AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY RNIA OR ANYTHING RELATED TO RNIA, YOU MAY LEAVE RNIA AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. RNIA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE INFRA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE INFRA WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE INFRA MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. RNIA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITIES OF PERSONS WHO REGISTER ON THE INFRA, NOR OF ANY POSITION, WORKGOUP, PRODUCT, ASSET OR ANIMAL RECORDED BY THEM ON THE INFRA. NOR DOES RNIA HAVE ANY OBLIGATION TO MONITOR THE USE OF THE INFRA BY OTHER USERS OF THE COMMUNITY; THEREFORE, RNIA DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. RNIA DOES NOT GUARANTEE THAT THE INFRA WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, ITS OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. RNIA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, RNIA DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE INFRA DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO RNIA. 5. Limitation of Liability SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither RNIA nor any of its employees or directors (“RNIA Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for certification, if any, or $125, whichever amount is greater, (2) any damages in excess of two times the most recent annual fee that you paid for certification, if any, or $500, whichever amount is greater, or (3) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the the infra, any platform applications or any of the content or other materials on, accessed through or downloaded from the infra even if RNIA is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall: a. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and b. not apply to any damage that RNIA Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement. 6. Termination You may terminate this Agreement, for any or no cause, at any time, with notice to RNIA which shall be effective upon RNIA processing such notice. RNIA may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any certification services may be terminated only by RNIA or the party paying for such services. Termination of your RNIA account includes disabling your access to the infra (including any content you submitted or others submitted) and may also bar you from any future use of the infra. In furtherance and without limiting the foregoing, RNIA has adopted a policy of terminating, in appropriate circumstances and at RNIA’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. RNIA may also at its sole discretion limit access to the infra and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 7. Consequences of Termination Upon termination, you lose access to the infra. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof. 8. California Law and Arbitration Choice of Law: The Agreement and any disputes with us arising out of or relating to the Agreement or RNIA (“Disputes”) shall be governed by California law, excluding conflicts of law principles and excluding the CISG. Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to California would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration. 9. General Terms Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement. Notices: We may notify you via postings on www.RNIA.org, and via email or any other communications means to contact information you provide to us. You may also notify us via email at Legal@RNIA.org or via mail or courier at RNIA, Attn: Legal Department, 2080 Century Park E., 1900, Los Angeles, CA 90067 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.RNIA.org or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof. No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any RNIA Affiliate shall be deemed legally binding on any RNIA Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of RNIA. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service. Beneficiaries: RNIA Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, RNIA for any third party that assumes our rights and obligations under this Agreement. 10. Complaints Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content. 11. RNIA User DOs and DON’Ts As a condition to access RNIA, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts: DO ● comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; ● provide accurate information to us and update it as necessary; ● review the Privacy Policy; ● review and comply with notices sent by RNIA concerning RNIA; DON’T ● duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit RNIA (excluding content posted by you) except as permitted in the User Agreement; ● reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide RNIA, or any part thereof; ● include information in your profiles which reveal your identity such as an email address, phone number or address or is confidential in nature; ● utilize information, content or any data you view on and/or obtain from RNIA to provide any service that is competitive, at RNIA’s sole discretion, with RNIA; ● imply or state, directly or indirectly, that you are affiliated with or endorsed by RNIA unless you have entered in to a written agreement with RNIA (this includes representing yourself as a credentialed RNIA certificate holder if you have not been certified by RNIA as such); ● adapt, modify or create derivative works based on other Users’ content, in whole or part; ● rent, lease, loan, trade, sell/re-sell access to RNIA or any information therein, or the equivalent, in whole or part; ● deep-link to the Site for any purpose, (i.e. including a link to a RNIA web page other than RNIA’s home page) unless expressly authorized in writing by RNIA or for the purpose of promoting your profiles on RNIA; ● access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval; ● use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site; ● use automated methods to add contacts, send messages or other permitted activities; ● access, via automated or manual means or processes, RNIA for purposes of monitoring its availability, performance or functionality or for any competitive purpose; ● engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of RNIA’s website; ● attempt to or actually access RNIA by any means other than through the interface provided by RNIA; ● attempt to or actually override any security component included in or underlying RNIA; ● engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; ● remove any copyright, trademark or other proprietary rights notices contained in or on RNIA, including those of both RNIA or any of its licensors; ● use any information obtained from RNIA to harass, abuse or harm another person or business; ● collect, use or transfer any information, including but not limited to, personally identifiable information obtained from RNIA except as expressly permitted in the User Agreement or the owner of such information may expressly permit; ● interfere with or disrupt RNIA, including but not limited to any servers or networks connected to RNIA, or disobey any requirements, procedures, policies or regulations of networks connected to RNIA; ● upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo; ● use or attempt to use another's account without authorization, or create a false identity on RNIA; ● infringe or use RNIA’s brand, logos and/or trademarks, including, without limitation, using the words “RNIA” and "Relationship Infrastructure" in any business name, email, or URL or including RNIA’s trademarks and logos on any website without authorization; ● upload, post, email, transmit or otherwise make available or initiate any content that: -- falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; -- is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; -- includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by RNIA; -- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); -- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; - includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using RNIA's name to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using RNIA to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases. -- contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of RNIA or any User of RNIA; -- forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or -- adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “tagline” or any other field). ● Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices; Claims Regarding Copyright Infringement You grant RNIA a license to use the content you supply for the purposes of disclosure on the RNIA website. This license includes, inter alia, the right for RNIA to reproduce, represent, adapt, translate, digitize all or any part of the Services. You expressly authorize RNIA to modify said content in order to conform to the interface or display requirements of the Services, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of RNIA for any purpose other than for those purposes strictly related to use of the RNIA Services for personal purposes. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, RNIA has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide RNIA’s Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Site; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. 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. RNIA’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at copyright.agent@RNIA.org or by mail at: RNIA ATTN: Copyright Agent 2080 Century Park E Suite 1900 Los Angeles, CA 90067 USA Upon receipt of the written notification containing the information as outlined in 1 through 6 above: 1. RNIA may remove or disable access to the material that is alleged to be infringing; 2. RNIA may forward the written notification to such alleged infringer; and 3. RNIA may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material. Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with RNIA’s Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to RNIA’s Copyright Agent for Notice that includes the following information: 1. A physical or electronic signature of the alleged infringer; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which RNIA may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above: 1. RNIA may promptly provide you with a copy of the Counter-Notification; 2. RNIA may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and 3. RNIA may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided RNIA’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on RNIA’s network or system. You may want to seek the advice of independent legal counsel before filing a notification or counter-notification. Notice and Procedure for Making Complaints Regarding Content To notify RNIA of Content that infringes your rights (other than copyright violations in which case please email copyright.agent@RNIA.org) or is otherwise unlawful (“Specified Content”), you must send a notice to the RNIA Content Complaint Manager by mail, e-mail, or fax, and provide the following information: • Your name, address, telephone number, and e-mail address; • A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed; • A description of the exact location of the Specified Content on the Web Site; • (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them; • (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and • Your electronic or physical signature (as appropriate). When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion. You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else. RNIA Content Complaint Manager Contact information for RNIA’s Content Complaint Manager is as follows: E-Mail: abuse@RNIA.org. Mail: RNIA 2080 Century Park E. Suite 1900 Los Angles, California 90067 USA
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