- “Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the User or RKVST.
- “Cookie Statement” means RKVST’s policy regarding the use and User options for cookies while using the Sites or Services, available at Cookie Statement and incorporated herein.
- “Content” means any information, data, text, images, video, audio or any other materials available from Sites.
- “Intellectual Property” means all rights to and in, or otherwise relating to the RKVST brand, Sites, Content, products, services and other content, including but not limited to any current or pending patents, copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other texts, or graphics related to the Sites, Content, products, services and other content, as well as the text, graphics, programming, photographs, video and audio contained therein.
- “RKVST” means RKVST, Inc., together with its parents, subsidiaries, affiliates and assigns, which owns all rights to and in RKVST products, and the Sites. The terms “we,” “us” and “our” as used in these Terms refer to RKVST.
- “User Content” means any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, communication, data, content or materials transmitted, posted, uploaded or otherwise shared by a User when accessing or using the Sites.
- “User” means the person accessing the Sites, including any other person, entity or company that the person is accessing the Sites on behalf of. The terms “you,” and “your” as used in these Terms refer to the User.
- “Sites” means the websites located at https://rkvst.com, https://rkvst.io, well as any and all other applications, platforms, and social media profiles owned or operated by RKVST, including each of their respective mobile applications, together with the Content contained in, or otherwise made accessible through, the Sites.
- General Use.
- Overview and Binding Effect. By accessing the Sites you agree to be bound by these Terms and any modification that we may make to the Terms from time to time.
- Eligibility. You confirm that you are an individual that is at least of majority age or older in the jurisdiction from which you are accessing the Sites, and have the capacity to agree to be legally bound by these Terms.
- Modifications to Sites and Terms. We may change these Terms, including the modification, addition or deletion of any provision or condition at any time, with or without notice to the User. Any such changes shall take effect immediately when posted on https://RKVST.com/. Your use of the Sites after such posting shall be deemed to constitute acceptance of such modifications, additions or deletions. It is your responsibility to check the Sites to ensure you have read and understand the current Terms. We may also change or discontinue any aspect of the Sites, Content, product or service at any time, without or without notifying you, and explicitly disclaim any liability for any such change.
- Sites Use and Access Limitations.
- Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to access and view the Sites and any Content to which you are permitted access, solely for your personal and noncommercial purposes and you may not reproduce, publish, transmit, distribute, display, perform, exhibit, modify, use to create derivative works, sell, resell or use in any sale, or exploit for in any way, in whole or in part, without our prior written consent. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by us or our licensors, except for the limited licenses and permissions expressly granted in these Terms.
- User Guidelines. When accessing the Sites, you agree (i) not to interfere with or disrupt the Sites or the servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected or otherwise related to the Sites; (ii) not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or Content; (iii) not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; and (iv) not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Sites or transmitting private information about a third party.
- Applicable Laws. Use of the Sites may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction. By agreeing to these Terms, you agree to act in compliance with and be legally bound by any and all Applicable Law.
- Right to Deny Access. You have no inherent right to access the Sites. We reserve the right to refuse access to the Sites by any User for any reason and at any time.
- User Content.
- Warranty Regarding User Content. You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents and releases that are necessary to grant to RKVST the rights in such User Content as contemplated under these Terms; (ii) the User Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any Applicable Law; (iii) the User Content contains no information or claims you know to be false, misleading or inaccurate; (iv) the User Content contains no blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; and (v) the User Content does not advocate, instruct, or intend to incite dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, advocate or incite violent behavior, or poses a reasonable threat to personal or public safety.
- Prohibited Conduct. In addition to other prohibitions as set forth in these Terms, you are prohibited from transmitting any User Content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any Applicable Law; (iv) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, Content, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (x) to interfere with or circumvent the security features of the Sites or any related applications or services, other websites, or the Internet.
- Ownership. All User Content or other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted in these Terms.
- Disclaimer. We take no responsibility and assume no liability for any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content. We may, but have no obligation to, monitor, edit or remove User Content that may be posted to the Sites or other forums regarding the Sites, Content or any other RKVST product or service that we determine in our sole discretion violate these Terms or is otherwise objectionable.
- End User Data. To the extent that RKVST processes any personal information of User’s end users or employees in connection with the use of the Sites, RKVST acts as a service provider (or processor), and User is fully responsible for ensuring that it complies with all notice and transparency requirements under applicable laws. To the extent that such end user or employee wishes to exercise their data protection rights with respect to such personal information, User shall be fully responsible; provided that RKVST will promptly forward to User any such requests and shall reasonably assist User in fulfilling its obligations with respect thereto.
- RKVST Intellectual Property.
- Affirmation of Rights. Unless otherwise indicated by us, all Intellectual Property is the property of RKVST or our licensors or suppliers, and is protected by applicable intellectual property laws. Your use of the Sites does not grant you any rights or licenses relating to the Intellectual Property except as may be otherwise expressly provided for in the Terms. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, and we reserve the right to seek all remedies available by law and in equity for any such unauthorized use.
- Reservation of Rights. You acknowledge that any other use of the Sites or Content from the Sites is strictly prohibited and you agree not to infringe or enable others to infringe our Intellectual Property rights. You further agree to retain all copyrighted and other proprietary notices contained in the material provided via the Sites on any copy you make of the Content, but failing to do so shall not prejudice any intellectual property rights therein. Any rights not expressly granted herein to use the Content contained on or through the Sites are reserved by RKVST in full.
- Third Party Tools and Links.
- As Is. We may provide you with access to third-party tools through the Sites which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement with respect to their use.
- Third-Party Content. Certain Content may include materials from third parties, or links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the quality or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any such materials, products, or services of third-parties.
- Express Disclaimer. We shall have no liability whatsoever arising from or relating to the use of third-party links or tools. Any use of third-party tools or links offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools or links are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase of any course, product, services, resources, content, or any other transactions made in connection with any third-party tools, links, websites, services or products. Complaints, claims, concerns, or questions regarding third-party tools, links and materials should be directed to the relevant third-party provider(s).
Occasionally there may be Content that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or modify, discontinue, or cancel any products or services offered, including prices, at any time with or without prior notice. We undertake no obligation to update, amend or clarify Content or the Sites.
- WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING ANY INFORMATION ON PRODUCTS OR OTHER SERVICES WILL MEET YOUR EXPECTATIONS OR THE DESCRIPTIONS ON THE SITES, NOR THAT ANY CONTENT IS ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
- THE SITES AND CONTENT IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
You agree to indemnify and hold harmless RKVST, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to (i) your use of the Sites, including your transmission of User Content; (ii) breach of these Terms; (iii) your violation of any third party right, including without limitation any Intellectual Property right or privacy right. This indemnity shall apply to your successors and assigns and shall survive any modification or termination these Terms or the Sites. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein.
- Limitations on Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL RKVST, OR ANY FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ACCESS OR USE OF THE SITES, INCLUDING ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITES OR CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF RKVST OR ANY FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT RKVST OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
- Governing Law.
Any and all disputes, claims and controversies arising out of or in connection with these Terms or your access to, your use of the Sites or Content shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to its conflict of laws provisions.