Updated: July 10, 2018
1. This is a Legal Agreement
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW; DISPUTES; ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND RIOT NEW MEDIA GROUP, INC., WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. SUBJECT TO THE EXCEPTIONS AND OPT-OUT PROVISIONS IN THAT SECTION, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND BY ACCESSING OR USING THE WEBSITE AND NOT OPTING OUT OF THESE PROVISIONS, YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
3. Business Users
If you are using the Site on behalf of a business or legal entity (such as your employer) (an “Entity”), you represent and warrant that you have the legal right and authority to (a) enter into these Terms on behalf of the Entity, (b) grant the rights and licenses described in these Terms on behalf of the Entity, and (c) bind the Entity to these Terms. You acknowledge and agree that these Terms will operate as an agreement between Riot New Media Group, Inc. and the Entity; and that references to you in this Agreement shall refer to the Entity and its affiliates. If you do not have such legal right and authority on behalf of the Entity, you may not use the Site.
4. Subscription Services
Subscription Services. Certain services, such as Book Riot Insiders and Tailored Book Recommendations, may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which will renew automatically at the end of each term.
Access Restrictions. You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.
Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. Riot New Media Group and/or the particular service provider reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
Mobile Access. Some Subscription Services are accessible only using a particular kind of device. You should investigate Subscription Services before you pay for access to them to ensure that they will work with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. Also, certain Subscription Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Subscription Services to which you subscribe are not available. For information on compatibility and availability, please visit the applicable provider’s website or contact us at email@example.com before you subscribe.
Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described on the applicable provider’s website. If we do not list cancellation procedures for a particular Subscription Service, you must contact us at firstname.lastname@example.org or email@example.com. We do not refund or prorate Subscription Services, or any other purchases made through the Subscription Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.
5. Ownership of Site Content and License
Users under the age of sixteen (16) are not permitted to use the Site.
If you create or are issued a password and account by Riot New Media Group, Inc.to access any portions of the Site, you are personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You must immediately notify Riot New Media Group, Inc. of any unauthorized use of your password or account or any other breach of security.
Trademarks. All trademarks, logos and service marks (collectively, “Marks”) displayed on the Site are Riot New Media Group, Inc.’s property or the property of other third parties. You are not permitted to use these Marks without Riot New Media Group, Inc.’s prior written consent or the consent of the third party that owns the Marks.
6. Your Content.
Unsolicited Ideas. You acknowledge that Riot New Media Group, Inc. may be working on or developing material similar or the same in nature to Your Content and that Riot New Media Group, Inc. may have received similar or the same intellectual property rights from another party. Riot New Media Group, Inc. owes you no obligation with respect to your submissions unless you and Riot New Media Group, Inc. enter a written agreement to that effect. If Your Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussions or negotiations between you and Riot New Media Group, Inc. regarding Your Content do not constitute Riot New Media Group, Inc.’s recognition of the novelty or originality of Your Content. You hereby waive any moral rights you may have in and to any of Your Content, even if Your Content or a derivative work is altered or changed in a manner not agreeable to you.
User Submission Policy. When you contribute, upload or otherwise provide Your Content to the Site, you agree to comply with the following requirements:
a. No third party materials. Your Content should not contain any visible logos, phrases or trademarks or other third party materials. You must not include in Your Content any content that belongs to other people without their permission – this means you absolutely may not include any content owned or created by someone else unless you have secured the right to do so, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
c. No illegal or objectionable content. Your Content must not violate any law. Your Content may not promote any illegal activity or violence, nor describe how to perform a violent act. Your Content may not threaten, abuse, or harm others. Your Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
d. No third party information. Your Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
e. No content for commercial purposes. Your Content may not advertise or promote a product or service. You may not use Your Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You may not use Your Content to transmit “junk mail,” “chain letters,” unsolicited mass mailing or “spamming,” or any other similar message.
f. Do not damage the Site or anyone’s computers. Your Content may not contain viruses, Trojan horses, spyware, malware or any other technologies that could impact the operation of the Site or any computer system.
g. Do not create liability for Riot New Media Group, Inc. or any related entity. You may not use Your Content to transmit any information or communication that may otherwise create liability for Riot New Media Group, Inc., any related entity, or any of our vendors or partners.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
7. Prohibited Conduct
You agree not to violate or interfere with the security of the Site, attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Site or any data stored thereon. You also agree not to take or attempt any action that, in the sole discretion of Riot New Media Group, Inc., imposes or may impose an unreasonable or disproportionately large load or burden on the Site or Riot New Media Group, Inc.’s infrastructure. You further agree not to use the Site for any unlawful purpose.
Riot New Media Group, Inc. reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Riot New Media Group, Inc. will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
If you provide any feedback or suggestions to Riot New Media Group, Inc. regarding the Site, any Site Content, or Riot New Media Group, Inc.’s services (collectively, “Feedback”), Riot New Media Group, Inc. may use such Feedback for any purpose. So that we may incorporate such Feedback into Riot New Media Group, Inc.’s Site, Site Content, and/or Riot New Media Group, Inc.’s services, Riot New Media Group, Inc. alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and in consideration for your use of the Site, you hereby assign such Feedback to Riot New Media Group, Inc. free of charge.
10. Third Party Links.
The Site may contain links to other websites operated by third parties. Functionality on the Site may also permit interactions between the Site and a third party website or online feature, including applications that connect the Site or your profile on the Site with a third party website, service, or feature. Such third party websites, services, or features are not under the control of Riot New Media Group, Inc. Riot New Media Group, Inc. is not responsible for the content of any third party website or any link contained in a third party website. Riot New Media Group, Inc. provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. Accordingly, you understand and agree that we are not responsible for your use of these third party websites or services, and that your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. If you decide to access any of the third party websites, services, or features linked to the Site, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Site or your account on the Site with a third party website (such as an SNS) or service (“Third Party Interactions”). Third Party Interactions include functionality made available via an application programming interface (API) made available by New Media Group, Inc. or a third party. Using such functionality may require you to login or authorize access to your account on the third party website. Such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your account on the Site. By using Third Party Interactions, you acknowledge and agree: (i) if you use Third Party Interactions to share information relating to your accounts on the Site, you are consenting to that information being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if New Media Group, Inc. has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold New Media Group, Inc. harmless for the sharing of information relating to your accounts on the Site that results from your use of Third Party Interactions. You must read all login boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on or in connection with Third Party Interactions.
RIOT NEW MEDIA GROUP, INC. MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITE, AND YOU SHOULD NOT RELY UPON THEM. WE ARE PROVIDING THE SITE AND THE SITE CONTENT (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, WIDGETS, MOBILE FEATURES, THIRD PARTY INTERACTIONS, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. RIOT NEW MEDIA GROUP, INC. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF THE SITE CONTENT. RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE AND RIOT NEW MEDIA GROUP, INC. IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RIOT NEW MEDIA GROUP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS WILL BE VALID.
WITHOUT LIMITING THE FOREGOING, RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE) ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF RIOT NEW MEDIA GROUP, INC., WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, RIOT NEW MEDIA GROUP, INC. DOES NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, RIOT NEW MEDIA GROUP, INC. SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING THE SITE (OR ANY OF THEIR FEATURES OR FUNCTIONALITY), YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
RIOT NEW MEDIA GROUP, INC. SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SITE).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, RIOT NEW MEDIA GROUP, INC. MAKES NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE SITE.
12. LIMITATION OF LIABILITY
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RIOT NEW MEDIA GROUP, INC.’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 THE SITE, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY RIOT NEW MEDIA GROUP, INC., AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY RIOT NEW MEDIA GROUP, INC.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY 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 SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in WARRANTY DISCLAIMER or LIMITATIONS OF LIABILITY sections, as applicable, may not apply to you. If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law.
Because we do not control Your Content or the content of other users of the Site, you acknowledge and agree that we are not responsible for any such content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any such content, and we assume no responsibility for any such content. You are solely responsible for your interaction with other users on the Site, whether online or offline. You agree that we are not responsible or liable for the conduct of any user and will not be responsible for any loss or damage incurred as the result of any such interactions. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities. You hereby release and forever discharge us, our directors, officers, employees, agents and successors from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with or conduct of other users of the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
16. Term and Termination
17. Copyright Policy
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Riot New Media Group, Inc. encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
It is our policy to remove, or disable access to, material that infringes any copyright from our Site after we have been notified by the copyright owner or the copyright owner’s legal agent. We also have a policy for terminating the accounts of repeat infringers.
If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent under the Digital Millennium Copyright Act (“DMCA”) with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) 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.
If you believe that any content on the Site contains content that violates your rights other than copyrights, please provide Riot New Media Group, Inc. at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Site, or (b) a complaint regarding alleged violation of rights other than copyrights, to our Copyright Agent, who can be reached as follows:
Riot New Media Group, Inc.
Attention: DMCA Compliance
147 Prince Street
Brooklyn, NY 11201
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Riot New Media Group, Inc. will provide you with notice if Your Content has been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
19. Governing Law; Disputes; Arbitration
Waivers. Both you and Riot New Media Group, Inc. hereby expressly waive trial by jury. Both you and Riot New Media Group, Inc. waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Riot New Media Group, Inc. waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, New York law. The arbitration will be conducted in New York, in the English language by three arbitrators appointed in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
Your opt-out notification to Riot New Media Group, Inc. must include (1) your name, (2) your postal address, (3) your user ID (if applicable), (4) the specific Site(s) regarding which you wish to opt-out of arbitration, and (5) a clear statement that you do not wish to resolve disputes with Riot New Media Group, Inc. through arbitration with respect to the specific Site(s) you identified or that you reject an updated arbitration provision, as applicable. If you have previously notified Riot New Media Group, Inc. that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid. Please note that opting out of arbitration will not affect any other agreements or waivers made in this Section.
Venue. If you have not validly opted out of arbitration, you agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts located in Kings County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If you have validly opted out of arbitration, you agree that any action at law or in equity will be filed only in the state or federal courts located in Kings County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
20. No waiver; Severability; Interpretation
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
23. Entire Agreement
24. Contact Information
TAILORED BOOK RECOMMENDATIONS TERMS
1. TBR Subscription Service
As a TBR member, you will receive 3 personalized book recommendations every quarter from a TBR Bibliologist. When you create your TBR subscription account, you will complete a survey about your reading preferences. A TBR Bibliologist will review your reading preferences and the feedback you have provided on your prior recommendations to make three personalized books recommendations for you. You may link your Goodreads account to the TBR Subscription Service in order to provide your Bibliologist with more insight into your reading preferences and the books that you have already read. The more information you provide us (via surveys, feedback and Goodreads profiles) the better and more interesting your personalized book recommends will be. If you don’t leave feedback on your recommendations, we will make your recommendations based on the information that you have previously provided to us.
The cost of a TBR subscription is found here http://mytbr.co/start/plan. The quarterly fee will depend up on whether you sign up for quarterly or yearly (in advance) payments. The TBR Subscription Service is available worldwide.
2. TBR + Books Subscription Service
If you subscribe to our TBR + Books subscription, you will receive 3 personalized book recommendations every quarter from a TBR Bibliologist (as described above), plus hardcover or paperback copies of each recommendation delivered to your door.
The cost of a TBR +Books subscription is found here http://mytbr.co/start/plan. The quarterly fee will depend up on whether you sign up for quarterly or yearly (in advance) payments. The TBR + Books Subscription Service is only available for shipping to United States and APO/FPO addresses.
Through such Subscription Services accounts, you will have access to the Subscription Services the fixed term that you select, which will renew automatically at the end of each term. If you sign up for a quarterly subscription, your subscription will automatically renew for an additional quarter unless you cancel through your account or contact us at firstname.lastname@example.org before your next billing date (which will be 3 months from your prior billing date). If you sign up for an annual subscription, your subscription will automatically renew for an additional year unless you cancel through your account or contact us at email@example.com before your next billing date (which will be 1 year from your prior billing date).
We do not refund or prorate Subscription Services, or any other purchases made through the Subscription Services, for any reason. You may cancel your subscription at any time prior to your next billing date.
You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. We reserve the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
5. Automatic Renewals; Billing
Your subscription will be billed on a quarterly or yearly basis, depending upon the subscription you sign up for. We accept major credit/debit cards and Paypal. The payment information that you provide will be used for future payments, so please make sure it is current. If we are not able to process a charge with your payment provider, we will attempt to charge other payment information you have on file. We are not responsible for fees or charges that your payment provider may apply to your account. If we are not able to process your payment, we will either suspend your account or issue you a bill, in our sole discretion.
Payments will appear on your statement as “Riot New Media Group.”
6. Sales Tax
We will collect sales tax on your subscription where required, including Illinois, New York, North Carolina, Pennsylvania, and Virginia.
7. Age and Billing Authorization
By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.
If you have subscribed to TBR, you will receive your first set of personalized book recommendations in approximately 2 weeks. We will notify you at the email address you provided at registration that your recommendations are ready by logging into your account at mytbr.co.
If you have subscribed to the TBR + Books subscription, you will receive your recommendations and copies of the books your Bibliologist recommended in approximately 4 weeks. Shipments to FPO/APO addresses may require additional time in transit to you. Please make sure your shipping information in your account at mytbr.co is up to date, otherwise there may be shipping delays for your TBR + Books subscription.
When your TBR + Books subscription is on its way, we will send you an email with tracking information (if available). You may also find your order details by logging into your account at mytbr.co.
Please contact us at firstname.lastname@example.org in the event a shipment has been damaged or a book you have received is defective. We will send you a replacement copy of that book if you notify us within 2 weeks of your receipt of the shipment and proof of damage/defect. We do not offer refunds or returns for any other reason. If you have an issue with your recommendation or shipment, please contact us at email@example.com. We want to hear your feedback on the service.
We will use the email address you provide in connection with your account to send you information about your account, newsletters, and promotional information for books you may be interested in. You may opt-out of promotional emails by updating your account information at mytbr.co or by clicking “unsubscribe” on the bottom of any promotional email. If you unsubscribe from promotional emails, you will still receive transactional emails from us (e.g., shipment information, renewal information). In addition, we will share your information with other websites operated by our affiliates. As part of your TBR + Books membership, we may include additional items with your shipment, including promotional materials.
12. Suspension or Termination