This Agreement (the “User Agreement”) states the terms and conditions under which you may use this web site and our hosted videos, which together we call the “RevisionBox Service.” Any use by you of the RevisionBox Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE REVISIONBOX SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND REVISIONBOX. If you do not accept the terms and conditions contained in this User Agreement, do not use the RevisionBox Service. Upon notice published through the RevisionBox Service, we may modify this User Agreement at any time.
1. Use of the RevisionBox Service. RevisionBox grants you a terminable non-exclusive, non-transferable license to use the RevisionBox Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions.
2. Privacy Policy. By registering for or using the RevisionBox Service you acknowledge that you have read and accept the RevisionBox Privacy Policy. Before registering for or using the RevisionBox Service, please carefully read the RevisionBox Privacy Policy. You may access the Privacy Policy on our site or by emailing us at privacy@RevisionBox.com.
3. Content. The computer software, artwork and other components included in the RevisionBox Service are the copyrighted property of RevisionBox and its licensors. The RevisionBox Service is licensed (not sold) to you, and RevisionBox owns all copyright, trade secret, patent and other proprietary rights in the RevisionBox Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the RevisionBox Service; (b) modify, translate, distribute or prepare derivative works of the RevisionBox Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the RevisionBox Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the RevisionBox Service and accompanying documentation. You may not transfer the RevisionBox Service. Your license is automatically terminated if you transfer the RevisionBox Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE RevisionBox Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH REVISIONBOX OR ITS LICENSORS, AS THE CASE MAY BE. You further acknowledge and agree that RevisionBox has no obligation to preview, screen or monitor any Content that may be added RevisionBox Service by other users, whether publicly posted or privately transmitted through the RevisionBox Service. RevisionBox does not guarantee the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will RevisionBox be liable in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the RevisionBox Service. By using the RevisionBox Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the RevisionBox Service, including user posted Content that may be offensive, indecent or objectionable. RevisionBox has the right to suspend, restrict or terminate your use of the RevisionBox Service and to refuse any future use of the RevisionBox Service (or any portion of the RevisionBox Service) if RevisionBox has reason to believe that you are responsible for user posted Content that RevisionBox deems inappropriate.
4. Registration Information. You agree, as a condition of your use of the RevisionBox Service, to provide RevisionBox with accurate and complete information when registering for the RevisionBox Service. RevisionBox has the right to suspend, restrict or terminate your use of the RevisionBox Service and to refuse any future use of the RevisionBox Service (or any portion of the RevisionBox Service) if RevisionBox has reason to believe that you have failed to comply with these requirements.
5. Your Conduct. As a condition of your use of the RevisionBox Service, you warrant to RevisionBox that you will not use the RevisionBox Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the RevisionBox Service in any manner that could damage, impair, disable or overburden the RevisionBox Service or in any way interfere with RevisionBox’s rights or any other user’s use and enjoyment of the RevisionBox Service, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through the RevisionBox Service. The REVISIONBOX SERVICE contains confidential trade secret information belonging to REVISIONBOX, and you may use the REVISIONBOX SERVICE only pursuant to the license set forth herein. In addition, you may not disclose the REVISIONBOX SERVICE to any third party. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE REVISIONBOX SERVICE SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO REVISIONBOX OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT REVISIONBOX SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY.
6. Account Security. When you are registered, you will receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify RevisionBox of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify RevisionBox by sending an email to info@RevisionBox.com. RevisionBox will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
7. Restriction and Modification of Service. You agree that RevisionBox may limit your use of the RevisionBox Service, including without limitation the frequency and duration for which you may access the RevisionBox Service, and that RevisionBox has no responsibility or liability for any unavailability or limitation on use of the RevisionBox Service. In addition, RevisionBox reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the RevisionBox Service (or any part thereof) with or without notice. You agree that RevisionBox shall not be liable to you or to any third party for any modification, suspension or discontinuance of the RevisionBox Service.
8. Proprietary Rights. You acknowledge and agree that the RevisionBox Service and any necessary software used in connection with the RevisionBox Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the RevisionBox Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
9. Liability Disclaimer. YOU AGREE THAT: (a)If YOU USE THE REVISIONBOX SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE REVISIONBOX SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REVISIONBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b)REVISIONBOX DOES NOT WARRANT THAT (i) THE REVISIONBOX SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE REVISIONBOX SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REVISIONBOX SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE REVISIONBOX SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR REVISIONBOX COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. (c)IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE REVISIONBOX SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. (d)NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM REVISIONBOX OR THROUGH OR FROM THE REVISIONBOX SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10. Limitation of Liability. YOU EXPRESSLY AGREE THAT REVISIONBOX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REVISIONBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE REVISIONBOX SERVICE; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE REVISIONBOX SERVICE; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE REVISIONBOX SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE REVISIONBOX SERVICE.
11. Indemnification. You agree to indemnify, defend and hold harmless RevisionBox, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the RevisionBox Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the RevisionBox Service for competitive purposes.
12. Notice. You agree that RevisionBox may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the RevisionBox web site or through the RevisionBox Service. 13. Trademark Information. RevisionBox, the RevisionBox logo and other RevisionBox logos, product and service names may be trademarks, service marks or other intellectual property of RevisionBox, Inc. (the “RevisionBox Marks”). You agree not to display or use the RevisionBox Marks in any manner without the prior permission of RevisionBox. 14. Entire Agreement. The User Agreement governs your use of the RevisionBox Service and constitutes the entire agreement between you and RevisionBox. It supersedes any prior agreements between you and RevisionBox. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights RevisionBox possesses with respect to this User Agreement. 15. Governing Law and Venue. The User Agreement and the relationship between you and RevisionBox shall be governed by the laws of Ireland without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the RevisionBox Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of Ireland are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the RevisionBox Service or the User Agreement. 19. Miscellaneous. Any failure by RevisionBox to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this User Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
