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Terms of Use

Welcome to Re:Vision. Re:Vision provides its offerings (the "Re:Vision Service," as further described below) to you subject to the following Terms of Use ("Terms”). In addition, when using the Re:Vision Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time. All such guidelines and rules are incorporated by reference into these Terms.

PLEASE READ THESE TERMS CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY REGISTERING FOR THE RE:VISION SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.

By accessing or using the Re:Vision Service, you, either an individual or a single entity ("you" or "your" as applicable), are bound by the notices, terms and conditions in these Terms and, as applicable, elsewhere on www.Re:Vision.com (including but not limited to our Privacy Policy, which is incorporated by reference). If you register on behalf of a business, you represent to Re:Vision that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms. If you do not agree to any of these terms and conditions, you may not use the Re:Vision Service.

The Re:Vision Service

The Re:Vision Service is comprised of (i) the Re:Vision website, currently located at www.urbanrevision.com (and/or any successor or additional website(s) owned or operated by or for Re:Vision); (ii) the Re:Vision Competitions sites; (iii) the Re:Vision Community; (iv) Re:VisionTV; (v) the servers operated by or on behalf of Re:Vision; and/or (vi) any other technology and/or services that Re:Vision provides its users. The Re:Vision Service enables you to make content available to other users of the Re:Vision Service and to access content made available by other users of the Re:Vision Service. “User Material” is any material you provide through the use of the Re:Vision Service, including but not limited to, music, animation, text, software, scripts, graphics, images (photos, drawings, etc.), audio, video, interactive features and comments (e.g. to bulletin boards, chats, discussion groups, feedback areas, newsgroups or e-mail). You are solely responsible for any User Material that you upload and publish to the Re:Vision Service, including complying with these Terms. In order to upload any User Material to the Re:Vision Service, you must have “accepted” these Terms, and you must have an active, authorized account with Re:Vision. You may only upload and publish User Material on the Re:Vision Service to which you have sufficient rights and licenses to permit the distribution of your User Material via the Re:Vision Service.

You retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the Re:Vision Service. In connection with User Material that you make available on the Re:Vision Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Re:Vision to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the Re:Vision Service and in the manner contemplated by these Terms. By submitting, posting, uploading, emailing or otherwise providing User Material to Re:Vision, you hereby grant (or warrant that the owner of such rights has expressly granted) Re:Vision a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the Re:Vision Service and Re:Vision (and its successors) business, including without limitation for promoting and redistributing part or all of the Re:Vision Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the Re:Vision Service a non-exclusive license to access your User Material through the Re:Vision Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Re:Vision Service and under these Terms.

Re:Vision does not guarantee that any User Material will be made available on the Re:Vision Service, whether continuously or at all. Re:Vision shall have no obligation to monitor any User Material and Video Material and Publisher Material. However, Re:Vision and its agents reserve the right to monitor any User Material from time to time for any lawful purpose. Re:Vision may, without notice to you, remove or block any User Material from the Re:Vision Service, including disabling access to such User Material that you have downloaded through the Re:Vision Service.

You acknowledge and agree that Re:Vision has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that Re:Vision assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for such possible infringement. In addition, Re:Vision is not responsible for enforcing your intellectual property rights, including filing suit or taking other legal action against infringers.

Registration

Registration is not required to view most User Material provided as part of the Re:Vision Service. However, you are required to register if you wish to post a comment or upload a video, participate in the Community or enter a Competition. If you wish to upload a video you will be subject to our Publisher Terms.

To register, you will have to create an account. As a condition to using such components of the Re:Vision Service, you will be asked to register with Re:Vision and select a password and screen name ("Re:Vision User ID"). You shall provide Re:Vision with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Re:Vision account. You may not (i) select or use as a Re:Vision User ID a name of another person with the intent to impersonate that person; (ii) use as a Re:Vision User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Re:Vision User ID a name that is otherwise offensive, vulgar or obscene. Re:Vision reserves the right to refuse registration of, or cancel a Re:Vision User ID in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Re:Vision immediately of any breach of security or unauthorized use of your account. Although Re:Vision will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Re:Vision or others due to such unauthorized use. All registration information provided by you shall be subject to Re:Vision's Privacy Policy or any successor thereto.

Content on the Re:Vision Network

Content on Re:Vision is meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers and that Re:Vision is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Re:Vision with respect thereto, and agree to defend, indemnify and hold harmless Re:Vision, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Re:Vision Service.

You acknowledge and agree that your opinions are your own and disagreement is often at the heart of a productive debate. The views expressed through the Re:Vision Service reflect those of the individual contributors and not necessarily those of Re:Vision.

User Conduct

Re:Vision grants you permission to use the Re:Vision Service subject to all of the terms and conditions set forth in these Terms.

As a condition of use, you agree not to use the Re:Vision Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Re:Vision Service is expressly prohibited.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the Re:Vision Service, that: (i.) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Re:Vision or any third party; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Re:Vision; or (vii) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause Re:Vision to violate any applicable law or regulation.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Re:Vision' sole discretion, an unreasonable or disproportionately large load on Re:Vision' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Re:Vision Service or any activities conducted on the Re:Vision Service; (iii) bypass any measures Re:Vision may use to prevent or restrict access to the Re:Vision Service, other accounts, or computer systems or networks connected to the Re:Vision Service; or (iv) interfere with any other users enjoyment of the Re:Vision Service, including, without limitation, accessing an account of a Re:Vision user that is not yours.

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Re:Vision Service or any content available through the Re:Vision website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Re:Vision Service in a manner which sends more request messages to the Re:Vision server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not harvest or collect information from the Re:Vision Service, including, without limitation, information about other users of the Re:Vision Service. The use of any information learned through the Re:Vision Service or while in the Re:Vision website is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.

Unless expressly authorized, you shall not frame or otherwise display any portion of the Re:Vision.com website or any of its contents. No hyperlinks to any password protected web pages on the Re:Vision.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Re:Vision in our sole discretion.

Participation in Competitions

Each Re:Vision Competition has its own rules and regulations. Please consult those when submitting materials in response to any Re:Vision Competition.

Ownership

The content accessible through the Re:Vision Service, except User Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Re:Vision Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Re:Vision, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the Re:Vision Content, Marks, User Material is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. Re:Vision reserves all rights not expressly granted in and to the Re:Vision Service and the Re:Vision Content. If you download or print a copy of the Re:Vision Content, User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Re:Vision Service or features that prevent or restrict use or copying of any Re:Vision Content, User Material.

Copyright Policy

Re:Vision respects the rights of copyright holders. We have established a copyright policy which is incorporated herein by reference.

Termination

Re:Vision may terminate your access to all or any part of the Re:Vision Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Re:Vision Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

THE RE:VISION SERVICE, RE:VISION CONTENT AND MARKS ARE PROVIDED BY RE:VISION "AS IS" AND "AS AVAILABLE". RE:VISION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE RE:VISION SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, RE:VISION DISCLAIMS ALL WARRANTIES REGARDING THE RE:VISION SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE RE:VISION SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE RE:VISION SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, RE:VISION DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE RE:VISION SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND RE:VISION WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

Limitation of Liability

IN NO EVENT SHALL RE:VISION OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE RE:VISION SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE RE:VISION SERVICE (INCLUDING BUT NOT LIMITED TO, RE:VISION CONTENT AND RE:VISION MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF RE:VISION OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RE:VISION ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE RE:VISION SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE RE:VISION SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE RE:VISION WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE RE:VISION WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE RE:VISION SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE RE:VISION SERVICE.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Re:Vision and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "Re:Vision Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Re:Vision Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Re:Vision Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Re:Vision Indemnitees. Re:Vision shall have the right, in its sole discretion, to select its own legal counsel to defend the Re:Vision Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Re:Vision Indemnitees in connection therewith. You shall not, without the prior express written approval of Re:Vision, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Re:Vision Indemnitee. This defense and indemnification obligation will survive these Terms and your use of the Re:Vision Service. Although Re:Vision will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Re:Vision or others due to such unauthorized use.

Miscellaneous

Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Re:Vision Service.

Ability to Accept. The Re:Vision Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are under 13 years of age, you may not register for or use the Re:Vision Service unless we have your parents’ consent.

Modification. Re:Vision shall have the right to modify these Terms at any time, which modification shall be effective immediately following Re:Vision' posting of such change on its website. We recommend that you check the Re:Vision website regularly for any such changes. Your use of the Re:Vision Service following such posting shall be deemed to constitute your acceptance of such modification.

Enforceability and Waiver. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Re:Vision to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.

Privacy Policy. Your use of the Re:Vision Service is subject to your acceptance of our Privacy Policy, which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.

Links to Third Party Websites. As a convenience for its users, Re:Vision may provide links on this website to other websites owned by third parties. Unless otherwise stated, Re:Vision does not endorse or control these third parties and takes no responsibility for them or their websites.

Export and International Use. The Re:Vision Service is controlled and offered by Re:Vision from its facilities in the United States of America. Re:Vision makes no representations that the Re:Vision Service is appropriate or available for use in other locations. Those who access or use the Re:Vision Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law, Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You agree that: the Re:Vision Service shall be deemed to be solely based in the State of California; the Re:Vision website shall be deemed a passive website that does not give rise to personal jurisdiction over Re:Vision, either specific or general, in jurisdictions other than the State of California; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RE:VISION SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.

Last Updated: January 24, 2008