2. Registration & Your Information
You must be 18 years of age or older in order to be a member of RPLS.com. To register, you must provide The Provider with your valid email address and select a password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your RPLS.com password and account.
You will not provide any false personal information or create a registration for anyone other than yourself.
3. Cancellation and Termination of Access
You may cancel your registration at any time by notifying The Provider. Upon cancellation, The Provider may delete all of your information and content. The Provider shall have no liability for such deleted information or content. The Provider may, in its sole discretion, deactivate your registration for any reason or no reason, including violations of these TOU or lack of use, and delete any of your information or content. The Provider may also, in its sole discretion and at any time, discontinue providing RPLS.com, or any part thereof, with or without notice. You agree that The Provider shall not be liable to you or any third-party for any termination of your access to RPLS.com.
4. Sharing Your Content and Information
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, not The Provider, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via RPLS.com. The Provider does not control the Content posted via RPLS.com and, as such, does not guarantee the accuracy, integrity, quality or availability of such Content.
The views expressed in any BNP Media communication channel (example: website, magazine, blog, bulletin board, enewsletter, social community), are those of the individual author, and not to be attributed to BNP Media, or of any person or organization affiliated with or otherwise doing business with BNP Media.
For Content that is covered by intellectual property rights, like photos, you grant The Provider a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with RPLS.com. This license exists only for as long as you continue to be a registered user and shall be terminated at the time your registration is cancelled or terminated.
5. Community Rules & Safety
RPLS.com is intended to be a medium where registered users worldwide can share information and experiences and to network with professionals in related fields. The Provider reserves the right, at its sole discretion, to review and remove user-created services and Content at will and without notice, and may delete postings or ban participants that are deemed objectionable.
You agree that YOU WILL NOT:
a) send or otherwise post unauthorized commercial communications to users (such as spam or junk mail);
b) circumvent, disable or otherwise interfere with security-related features of RPLS.com or features that prevent or restrict use or copying of any Content or other material or enforce limitations on use of RPLS.com or any Content or other material therein;
c) use RPLS.com for commercial purposes or engage in commercial activities, including, but not limited to, contests, sweepstakes, barter, and pyramid schemes;
d) attempt to impersonate a Provider employee, agent, manager, host, other user, or any other person though any means;
e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
f) collect other users’ information using automated means such as bots, spiders or scrapers;
g) upload viruses or other malicious code;
h) bully, intimidate, or harass any user;
i) post content that is or may be considered offensive, vulgar, threatening, invasive of another’s privacy, hateful, threatening, pornographic, contains nudity or violence of any kind, or is otherwise objectionable;
j) use RPLS.com to do anything unlawful, misleading, malicious, or discriminatory;
k) facilitate or encourage any violations of these TOU.
If any user is reported to be in violation with the letter or spirit of these rules, The Provider retains the right to terminate such registration at any time without further warning.
You agree to indemnify and hold The Provider and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and shareholders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of RPLS.com, your connection to RPLS.com, your violation of the TOU, or the infringement or violation by you of any intellectual property or other rights of any person or entity, whether you are a registered user or not. The User is solely responsible for his or her actions when using RPLS.com, including, but not limited to, costs incurred for Internet access.
7. Changes to RPLS.com
The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, RPLS.com (or any part thereof) with or without notice at any time. You agree that The Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of RPLS.com.
8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF RPLS.COM IS AT YOUR SOLE RISK. RPLS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER 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) THE PROVIDER WILL MAKE REASONABLE EFFORTS TO MAINTAIN RPLS.COM, HOWEVER, THE PROVIDER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO RPLS.COM OR FAILURE TO PROPERLY PROTECT YOUR LOG IN AND PASSWORD INFORMATION, OR OTHER INTERACTION WITH RPLS.COM. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON RPLS.COM. THE PROVIDER DOES NOT WARRANT THAT RPLS.COM WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE RPLS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF RPLS.COM WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH RPLS.COM WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF RPLS.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM RPLS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE RPLS.COM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM RPLS.COM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RPLS.COM; OR (V) ANY OTHER MATTER RELATING TO RPLS.COM.
(a) Notices to you may be made via either email or regular mail.
(b) The Provider may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on RPLS.com.
(c) The TOU and the relationship between you and The Provider shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.
(d) You and The Provider agree to submit to the personal and exclusive jurisdiction of the courts located within Oakland County, Michigan.
(e) The failure of The Provider to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
(f) The TOU constitutes the entire agreement between you and The Provider and govern your use of RPLS.com, superseding any prior agreements between you and The Provider (including, but not limited to, any prior versions of the TOU). You also may be subject to additional terms and conditions that may apply when you use other The Provider services, third-party content or third-party software.
(g) If any provisions of the TOU or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
(h) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.