RAY365.COM Forum

Privacy Policy


Moderators: ray365

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  Privacy Policy
Posted: 08/18/2010 13:59:11

Welcome to Ray365.com!
Ray365, Inc. ("Ray365.com," "we" or "us") provides content streaming
and social networking services for the sharing of live content and
video chat on the Internet and via mobile devices (the "Services") by
our users through our website accessible at www.Ray365.com (the
"Site"). Please read the following important terms and conditions
("Terms of Service") carefully. These Terms of Service and the other
policies posted on the Site or made available via the Service govern
your access to and use of the Site and Services, including any
content, information, products or services therein.

These Terms of Service are a legal agreement between you and
Ray365.com and apply to you whether you are a Member (defined below)
or a visitor just browsing the Site (collectively, "Ray365.com
Users"). The Ray365.com Acceptable Use Policy ("AUP") is incorporated
herein by reference and to the extent that there are any conflicts
between the terms or conditions of our AUP and these Terms of Service,
the terms and conditions of these Terms of Service will govern.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE
SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR
ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF
YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY
NOT ACCESS OR USE THE SITE OR SERVICES. If you agree to these Terms of
Service on behalf of a business, you represent and warrant that you
have the authority to bind that business to these Terms of Service and
your agreement to these terms will be treated as the agreement of the
business. In that event, "you" and "your" will refer and apply to that
business.

1. Disclaimer of Warranties.
Your use of the Site, Services, Content and User Submissions is at
your sole discretion and risk. The Site, Services, Content and User
Submissions, and all materials, information, products and services
included therein, are provided on an "AS IS" and "AS AVAILABLE" basis
without warranties of any kind. Ray365.com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE
SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF
DEALING OR COURSE OF PERFORMANCE. Ray365.com disclaims any warranties:
(i) regarding the security, accuracy, reliability, timeliness and
performance of the Site; or (ii) that the Site, Services, Content and
User Submissions will be error-free or that any errors will be
corrected. No advice or information, whether oral or written, obtained
by you from Ray365.com, will create any warranty not expressly stated
in THESE TERMS OF SERVICE. Some states or jurisdictions do not allow
the exclusion of certain warranties. Accordingly, some of the above
exclusions may not apply to you.

2. Limitation of Liability.
IN NO EVENT WILL Ray365.com, ITS OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE,
SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT Ray365.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION AND IN NO EVENT WILL Ray365.com'S CUMULATIVE LIABILITY TO
YOU EXCEED $100.

3. Indemnification.
You agree to defend, indemnify, and hold Ray365.com, its officers,
directors, employees and agents, harmless from and against any claims,
liabilities, damages, losses, and expenses, including without
limitation reasonable attorney's fees and costs, arising out of or in
any way connected with (i) your access to or use of the Site,
Services, Content and User Submissions; (ii) your violation of these
Terms of Service; (iii) your violation of any third party right,
including without limitation any intellectual property right,
publicity, confidentiality, property or privacy right; or (iv) any
claim that one of your User Submissions caused damage to a third
party, including without limitation claims that your User Submissions
are infringing.

4. Third Party Links.
The Site may provide links to third party websites or resources from
the Site. You acknowledge and agree that Ray365.com is not responsible
or liable for the availability or accuracy of, and Ray365.com does not
endorse, such websites or resources or the content, products, or
services on or available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from
your use of any such websites or resources.

5. General
1. No Assignment. You will not assign these Terms of Service or assign
any rights or delegate any obligations hereunder, in whole or in part,
whether voluntarily or by operation of law, without the prior written
consent of Ray365.com. Any purported assignment or delegation by you
without the appropriate prior written consent of Ray365.com will be
null and void. Ray365.com may assign these Terms of Service or any
rights hereunder without your consent.

6. Relationship of the Parties. For purposes of these Terms of
Service, including if you become a Member and create an account, you
are not an employee or agent of Ray365.com, and you will not represent
that you are any of the foregoing. Each party will be independent and
act independently and not as a contractor, partner, joint venturer,
agent, employee or employer of the other and will not bind or attempt
to bind the other to any contract. Each party will be solely
responsible for their own costs and expenses incurred in the
performance of their obligations under these Terms of Service,
including without limitation any expenses associated with the
implementation of these Terms of Service.

7. Severability and Waiver. In the event that any provision in these
Terms of Service is held to be invalid or unenforceable, the remaining
provisions will remain in full force and effect. The failure of
Ray365.com to enforce any right or provision of these Terms of Service
will not be deemed a waiver of such right or provision.

8. Force Majeure. Ray365.com will not be liable hereunder by reason of
any failure or delay in the performance of its obligations hereunder
on account of events beyond its reasonable control, which may include,
without limitation, denial-of-service attacks, strikes, shortages,
riots, insurrection, fires, flood, storm, explosions, acts of God,
war, terrorism, governmental action, labor conditions, earthquakes,
material shortages, extraordinary Internet congestion or extraordinary
connectivity issues experienced by major telecommunications providers
and unrelated to Ray365.com infrastructure or connectivity to the
Internet, or failure at Ray365.com co-location facility, (each a
"Force Majeure Event"). Upon the occurrence of a Force Majeure Event,
Ray365.com will be excused from any further performance of its
obligations effected by the Force Majeure Event for so long as the
event continues.

9. Governing Law. These Terms of Service and the relationship between
you and Ray365.com will be governed by the laws of the State of
California without regard to its conflict of law provisions. You and
Ray365.com agree to submit to the personal and exclusive jurisdiction
of the courts located in San Francisco County, California.

10. Entire Agreement. These Terms of Service are the entire and
exclusive agreement between Ray365.com and you regarding the Site,
Content, and Services and supersede and replace any prior agreements
between Ray365.com and you regarding the Site and Services.

11. Notice. Any notice or other communication to be given hereunder
will be in writing and given (a) by Ray365.com via email (in each case
to the address that you provide), (b) a posting on the Site or (c) by
you via email to 5500151@gmail.com or to such other addresses as
Ray365.com may specify in writing. The date of receipt will be deemed
the date on which such notice is transmitted.

12. Questions. If you have questions about these Terms of Service or
would like to request a copy of these Terms of Service or any other
records relating to these Terms of Service of your use of the Site and
Services, please contact Ray365.com at 5500151@gmail.com or by
sending a written request to Ray365, Inc. at 475 Brannan Street, Ste
410, San Francisco, CA 94107

13. Feedback.
Your feedback is welcome and encouraged. You may submit feedback by
emailing us at 5500151@gmail.com. You agree, however, that: (i) by
submitting unsolicited ideas to Ray365.com or any of its employees or
representatives, you automatically forfeit your right to any
intellectual property rights in these ideas; and (ii) unsolicited
ideas submitted to Ray365.com or any of its employees or
representatives automatically become the property of Ray365.com. You
hereby assign and agree to assign all rights, title and interest you
have in such feedback and ideas to Ray365.com together with all
intellectual property rights therein.



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