SUBJECT TO YOUR TIME-LIMITED RIGHT TO OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS IN SUBSECTION 18(h), THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
Welcome to Replaceable Media, and any of the product landing pages we operate (the "Site"), a website operated by Replaceable Media, LLC ("Replaceable Media", "we", "us", or "our"). These Terms of Service (“Terms” or “Agreement”) govern your use of our Services whether accessed via the Site.
By accessing or using the Services (whether via an App or via the Site) you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site, any App, or the Services.
1. REPLACEABLE MEDIA CONTENT. The materials, information and content made available or displayed on the Site or any App or sent to you through the Services, and any derivative works thereof, whether made by us or you, (collectively, "Content") are proprietary to us or our licensors and should be considered our confidential information. Subject to these Terms, including any Supplemental Terms, we hereby grant you a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for your personal, informational, non-commercial and internal review and solely in accordance with these Terms. You may not: (i) use the Content or any part thereof to develop products or technologies similar to the products of Replaceable Media; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions. To request certain Content, you may be required to provide us with your contact information, including your email address. We may, in our sole discretion, then send you such Content in a format we determine in our sole discretion. You agree to only provide us with true, accurate, current and complete information in such request. We reserve the right to reject your request and refuse to send you our Content. We are not responsible to ensure, and disclaim any responsibility for your ability to open, use or view the Content we send you pursuant to your request. As between you and us, we retain all right, title and interest in and to the Content, and all related intellectual property rights. We reserve all rights not granted in these Terms. You will immediately notify us in the event of any loss or unauthorized disclosure of any Content. Upon our written request, or your termination of these Terms, you must promptly delete or destroy all documents and other tangible materials representing any Content and all copies thereof. Different partners may use the functionality of their own application (“Third Party App”) to provide you with the Content. You agree that the entity providing that particular App is solely responsible for the Third Party App and not Replaceable Media and that you shall look only to that entity to resolve any dispute regarding your use of that Third Party App, including any use of our Content. All offers, images, information, questions, comments, statements, and other content provided by the Third Party App (“Partner Content”) are owned by the entity providing such Partner Content. You agree that the provider of any Partner Content is solely responsible for such Partner Content and that you may be exposed to Partner Content that is offensive, indecent or objectionable to you, including questions related to political activities with which you may not agree.
2. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site, Apps, or Services (including via any App) ("Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. Nothing in the Agreement grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according the Agreement. Furthermore, nothing in the Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Replaceable Media or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site, Apps, or Services will be governed by such third parties' licenses and not by the Agreement.
3. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site, Apps, and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Apps, or Services, use of the Site, Apps, or Services or access to the Site, Apps, or Services for any purposes other than for which the Site, Apps, or Services are being provided to you, or do any of the following:
You may be able to post your ideas, comments or content to the Site, including a response to one of our blogs. When doing so you represent and warrant that you will not post or use any content that: