About rightpedal
Cars all around the world were getting jealous of all these humans and their Facebook profiles, so we, the car lovers at rightpedal, thought we should give them a helping hand. Yep, that’s the idea behind this site. Each car has its own page, filled with pictures, videos and links that the community of car lovers adds to the profile. We wanted to create a clutter-free site that lets you quickly find and learn about specific models of cars. No random videos of doughnuts in a parking lot or monster trucks crushing old beaters. Those are fun, but you can find them elsewhere.
How do we pick the cars that get their own profiles? It’s really quite simple: we’ll create profiles for cars we like or we think matter, and then rely on you, the community, to find and add content. Deal?
Oh, and please tell your friends about this site. Sharing pages you work on and you like through Facebook, Twitter and other means would mean the world to us.
Happy motoring,
Your rightpedal Team
Contact rightpedal
We are an interactive website, so we are always open to hearing from you. Please feel free to choose from the below emails depending on what you would like to discuss with us.
- To send us your suggestions: suggest[at]rightpedal.com
- To send us blog tips: tips[at]rightpedal.com
- To advertise with us: ads[at]rightpedal.com
- For technical support: help[at]rightpedal.com
- For general questions: info[at]rightpedal.com
Privacy Policy
RightPedal Group LLC Online Privacy Policy
You are visiting a RightPedal Group LLC website. The address on the world wide web is http://www.rightpedal.com.
This Privacy Policy ("Privacy Policy") is a public statement of how RightPedal Group LLC ("RightPedal", "we", "us", "our") handles your personal information with respect to all websites owned and operated by RightPedal (collectively, the "Sites"). Also, this Privacy Policy covers RightPedal's treatment of any personal information that RightPedal's business partners share with RightPedal. By visiting the any of the Sites, submitting information, or using any of our products or services, you are accepting the practices outlined in this Privacy Policy.
We gather certain types of information about the visitors to the Sites, and we believe our visitors should fully understand how we obtain and use that information. This Privacy Statement discloses what information we gather and how we use it.
If you have questions or concerns regarding this Privacy Statement, you should contact us via email info@rightpedal.com.
Collection of Information
The Sites collect two types of personally identifying information from users: personal data (such as names and e-mail addresses) that make it easy for you to interact with the Sites; and aggregated data (such as information about traffic patterns and other general usage).
Personal Data:
RightPedal may receive and store any information you enter on any of the Sites or provide to us in any other way. For example, in order for you to use the Sites, you may be required to complete a registration form (as part of this registration form, we require your first and last name and your email address). In addition, users need to maintain their collection of videos, images and other materials ("User Submissions"), and RightPedal maintains a database of information about users in order to augment this - e.g. we maintain email addresses of users uploading User Submissions to the Sites so we can email a user when his or her User Submissions are optimized and ready to be watched. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information you provide may be used for such purposes as responding to your requests for certain services, customizing the advertising and content you see, and communicating with you about promotions.
We allow users who have provided personal data access to their information to ensure that it is correct and to make any changes and or to delete it by contacting us at the email address set forth above.
Please note that:
* When you post a message on any Site, you may have the ability to post a message that may include personally identifiable information about yourself.
* Any posting made while using any Site is not considered "personal data" and is not considered the type of information protected by a privacy policy.
* If you post contact information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
By posting a comment on the Sites, you grant us a perpetual, non-exclusive, royalty-free license to reproduce, retransmit, disseminate and otherwise distribute the contents of your comment, and to modify it as follows:
* If your comment contains profanity or personal attacks, we may modify the comment so that the profanity or attack is no longer present, or is rendered less offensive.
* If your comment causes the HTML of the page on which it is displayed to become invalid, we may modify the comment to restore validity).
* If your comment contains code meant to disrupt the appearance or utility of the page on which it is displayed, or which will carry out malicious actions in a visitor’s web browser, we may remove such code.
By posting a comment on the Sites, you also agree that posting a comment is a privilege we choose to grant, and that we can revoke that privilege: we retain the right to remove any comment, or ban further postings by any person, at any time and for any reason we choose.
Aggregated Information:
We may automatically receive and store certain types of information whenever you interact with us, such as, "traffic data" received by our server logs from your browser including your IP address, cookie information, and the page you requested. RightPedal uses this traffic data to help diagnose problems with its server, analyze trends and administer the Sites. We may also automatically collect usage information, such as the numbers and frequency of visitors to our Sites and their components. This data is only used in the aggregate, that is, as a statistical measure, and not in a manner that would identify you personally. Such data enables us to figure out how often users use parts of the Sites, so we can make the Sites appealing to as many users as possible. We may share such aggregate information with our partners, so that they, too, may provide you with an optimal Web experience.
IN SOME JURISDICTIONS, LEGAL AUTHORITIES MAY TREAT IP ADDRESSES AS PERSONALLY IDENTIFIABLE INFORMATION. BY YOUR USAGE OF OUR SERVICES, YOU HEREBY ACKNOWLEDGE THE FOREGOING NOTICE AND CONSENT AND OPT-IN TO OUR COLLECTION OF YOUR IP ADDRESS PER THE TERMS AND CONDITIONS SET FORTH HEREIN.
Cookies and Tracking Devices:
Our Sites may use cookies or other tracking devices. Cookies do not allow the website to access personal information that you have not already provided. You can refuse to use cookies by turning them off in your browser. You do not need to have cookies turned on to use most of this Site. However, you may find that some areas on the Site will be slower, or may not function at all.
You may occasionally get cookies or other tracking devices from our advertisers. We do not control these devices, and these devices are not subject to our privacy policies.
Information Sharing and Disclosure:
The information we collect from you is used to make your time spent with us more enjoyable, improve the content of the Site, to customize the content and/or layout of the Site for each individual user and to notify users about updates to the Site or promotional offers or opportunities that we believe will be of interest to you.
Our Sites may use third party advertising companies to serve ads when you visit our sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to our sites and to other Web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. In addition, we may share Web site usage information about visitors to our Sites, with such company for the purpose of managing and targeting advertisements on our Sites, but we will never share your personal data with an advertiser.
RightPedal does not share personal information with other companies, except under the following circumstances or with your consent:
In Aggregate. When RightPedal is working with advertisers, the press or the media we will disclose aggregate information about the use of our system. For example, "We have `x' thousand users using our services in India."
Affiliated Business We Do Not Control. We are affiliated with a variety of businesses and work closely with them in order to provide our services to users. We will only share personal information that is necessary for the affiliate to provide such services. Our affiliates do not have the right to share or use personal information for any purpose other than for an authorized service or transaction.
Personnel; Agents. Our personnel and agents (including, for the avoidance of doubt, consultants and/or contractors) may have access to user information while carrying out their duties in the normal course of our company business.
Business Transfers. In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if RightPedal, or substantially all of its assets, were acquired, customer information would be one of the assets that is transferred or acquired by a third party.
Legal. We may release personal information when we believe in good faith that release is necessary to comply with that law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of RightPedal, our employees, our users, or others. For example, if video of a crime or other unlawful activity is uploaded to RightPedal, RightPedal may initiate an investigation by contacting authorities.
Your Ability to Edit your Personal Information:
In order to edit the information we have on file with you, you will need to maintain an account on RightPedal. Information is keyed to your provided email address and you can have the system email you your most recent password to gain access. If your personally identifiable information changes, or if you would like to delete any of your personally identifiable information, you may correct, update or delete it by either (i) modifying your account, or (ii) sending a request to us via accounts@rightpedal.com. Because of the complexity of the server logs, users do not have access to any IP/HTTP server log information, nor can we practically link it to an individual user.
Email Policy:
We hate spam as much as you do, and RightPedal will not sell your email address to third party marketing companies. However, email is a key component with the RightPedal system and we use an email address to identify you, and associate ownership of your videos with an email account. In that regard RightPedal will email you system notifications about your account, changes to your account, password resets, video status, etc. RightPedal may also send out emails with news or promotions. If you do not want to receive e-mail or other mail from us, please notify us by e-mail at unsubscribe@rightpedal.com and include sufficient information for us to identify your account. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Sites, and you are responsible for reviewing such legal notices for changes.
Conditions of Use:
If you decide to visit the Sites, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages and application of California state law.
Third Party Websites:
RightPedal services may permit you to link to other websites on the Internet, and other websites may contain links to the Sites. These other websites are not under RightPedal control. The privacy and security practices of websites linked to or from the Sites are not covered by this Privacy Policy, and RightPedal is not responsible for the privacy or security practices or the content of such websites.
Changes to this Privacy Policy RightPedal may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the Sites so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.
In Closing:
Simply stated, RightPedal values your privacy. We do have to know something about you in order to provide this system, and we do need to be able to tell others how popular/unpopular various features of the system are as we continue to grow. That said, we understand as a publisher and technology provider that users of the RightPedal system drive our success so your privacy is of the utmost importance to us.
Questions or Concerns:
If you have any questions or concerns regarding privacy at the Sites, please send a detailed message to info@rightpedal.com. Your privacy is important to us and we will make every effort to resolve your concerns.
Information for Parents/Guardians
We encourage parents and guardians to spend time online with their children to become familiar with the types of content available on the internet. Parents and guardians should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, we will take reasonable steps to promptly remove that information from our database at your request. To request removal of your child's information, please send an e-mail to us at the email address at the beginning of this Privacy Policy and be sure to include in your message the same user name, password, and email address that your child submitted.
Additional Information
The Sites may contain links to other sites that you may access. These other sites should have their own privacy policies and you should review those policies before following those links. We cannot control the information disclosed at these third-party sites or how that information is used. If you've made it this far reading our privacy policy, you're probably gonna read their policy, too. That's a good thing.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY SITE OR NEXT NEW NETWORKS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF INFORMATION OR MATERIALS ON OUR SITES, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF OURS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION ALSO SHOULD BE READ IN CONJUNCTION WITH THE FULL TERMS OF USE.
You should be aware that the United States and other countries have not harmonized their privacy regulations. Because our Sites are intended specifically for users in the United States, we have written our Privacy Policy to satisfy United States regulations. By using any Site, you agree to the level of privacy protection set out in our Privacy Policy.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.
The issue of privacy is an evolving one. We are committed to the constant monitoring and examination of our privacy practices, and may, from time to time, institute changes to our Privacy Policy. In the event that any material changes are made to our privacy practices, we will promptly make changes to this Privacy Policy that reflect such changes; therefore we recommend you review our policy regularly to check for updates. You can send e-mail to us with any further questions at the email address at the beginning of this Privacy Policy. This Privacy Policy was last updated and is effective as of February 5, 2008.
Terms of Use
RightPedal Group LLC Online Terms of Use
You are visiting a RightPedal Group LLC website. The address on the world wide web is http://www.rightpedal.com.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF OR ACCESS TO THE SITES AND/OR SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE.
Application of Terms of Use.
The following terms and conditions govern all use of the various websites owned and operated by RightPedal Group LLC. (RightPedal) (including, without limitation, www.rightpedal.com) (collectively, the Sites) and the services available on or in connection with the Sites, which may include, without limitation, services relating to video and other content hosting, uploading, sharing and publishing, website and group creation and hosting (under both "RightPedal" domains and domains selected by users) and forums (collectively, the Service). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on the Sites by RightPedal.
In addition, some services offered through the Service may be subject to additional terms and conditions about which we will notify you (as applicable); your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
Modification of Terms of Use
RightPedal reserves the right, in its sole discretion, to modify these Terms of Use at any time by posting a notice on the Sites, or by sending you a notice via email, postal mail or otherwise. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification, and use of the Sites or any Service by you following such posting or notification constitutes your acceptance of the Terms of Use as modified. You agree to review the Terms of Use regularly to ensure that you are updated as to any changes.
Privacy
RightPedal's current Sites privacy policy is located at http://www.rightpedal.com (the Privacy Policy).
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, Content includes, without limitation, any videos, written forum comments, information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by RightPedal or its partners on or through the Service. You agree that the Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by RightPedal in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content (excluding your own User Submissions). However, RightPedal grants you a limited, revocable, non-exclusive, non-sublicensable license to reproduce and display the Content (excluding any software code) for your own personal, non-commercial use; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Sites or Service for any other purpose is strictly prohibited without the express prior written permission of RightPedal.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Sites or Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves commercial activities and/or sales without RightPedal's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
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 RightPedal or any third party; or
impersonates any person or entity, including any employee or representative of RightPedal.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by RightPedal in its sole discretion) an unreasonable or disproportionately large load on RightPedal's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures RightPedal may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
Registration
As a condition to using the Service, you may be required to register with RightPedal and select a password and screen name (RightPedal User ID). You shall provide RightPedal with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your RightPedal account. You shall not (i) select or use as a RightPedal User ID a name of another person with the intent to impersonate that person; (ii) use as a RightPedal User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a RightPedal User ID a name that is otherwise offensive, vulgar or obscene. RightPedal reserves the right to refuse registration of, or cancel a RightPedal User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your RightPedal password. You shall never use another user's account without such other user's express permission. You will immediately notify RightPedal in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet (including, without limitation, websites of RightPedal users or groups that may be hosted (but not controlled or managed) by RightPedal), and such other websites or resources may contain links to the Sites. These other websites are not under RightPedal's control, and you acknowledge that RightPedal is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by RightPedal or any association with its operators. You further acknowledge and agree that RightPedal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
User Submissions
The Sites and Service permit the submission of images, recordings, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, RightPedal does not guarantee any confidentiality with respect to any such submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that RightPedal has no liability with respect to any User Submissions, including, without limitation, your own User Submissions, and you hereby irrevocably release RightPedal and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with your User Submissions, you affirm, represent, and warrant that (and that you can and will demonstrate to RightPedal's full satisfaction upon its request that): (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize RightPedal to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Sites, the Service and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Sites, the Service and these Terms of Use; and (iii) the posting of your User Submission on or through the Sites or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Sites or the Service.
By submitting the User Submissions to RightPedal, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant RightPedal a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Sites, the Service and RightPedal's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to RightPedal does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).
In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage RightPedal or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RightPedal all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. RightPedal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and RightPedal expressly disclaims any and all responsibility or liability in connection with User Submissions.
RightPedal reserves the right to decide whether Content or a User Submission is inappropriate or violates these Terms of Use, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. RightPedal also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Sites or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, RightPedal assumes no responsibility for monitoring the Sites, the Service, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Sites or the Service.
Termination
RightPedal may terminate your access to all or any part of the Sites or Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Warranties
RightPedal has no special relationship with or fiduciary duty to you. You acknowledge that RightPedal has no control over, and no duty to take any action regarding: which users gain access to the Sites or Service; what Content you access via the Site or Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release RightPedal from all liability for you having acquired or not acquired Content through the Sites or Service. The Sites or Service may contain, or direct you to sites containing information that some people may find offensive or inappropriate. RightPedal makes no representations concerning any Content contained in or accessed through the Site or Services, and RightPedal will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or Services. THE SITES AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. RIGHTPEDAL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITES OR SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITES OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITES OR SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL RIGHTPEDAL, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITES OR SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold harmless RightPedal, its affiliates, and each of its employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from your use or misuse of, or access to, the Sites or the Service, or otherwise from your violation of the Terms of Use. RightPedal reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with RightPedal in asserting any available defenses.
International.
RightPedal makes no representation that the Content is appropriate or available for use in locations outside of the Unites States of America, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and RightPedal agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. You expressly agree that the proper jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Service is in the state or federal courts located in New York and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Integration and Severability
The Terms of Use are the entire agreement between you and RightPedal with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and RightPedal with respect to the Sites (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous
The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with RightPedal's prior written consent. RightPedal may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices
Unless otherwise indicated, the Terms of Use and all Content provided by RightPedal are copyright © 2007-2008 RightPedal Group LLC All rights reserved.
RightPedal, RightPedal.com, RightPedal.net, RightPedal.info, RightPedal.biz, RightPedal.mobi, RightPedal.name, RightPedal.tv, RightPedal.us, RightPedaltv.com are either trademarks or registered trademarks of RightPedal. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice
RightPedal has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of RightPedal's Designated Agent to Receive Notification of Claimed Infringement (Designated Agent) is listed at the end of this policy.
It is RightPedal's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the RightPedal Sites or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that RightPedal is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is RightPedal's policy:
to remove or disable access to the infringing Content;
to notify the Content provider, member or user that it has removed or disabled access to the Content; and
that repeat offenders will have the infringing Content removed from the system and that RightPedal will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider, member or user;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which RightPedal is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement
If a counter-notice is received by the Designated Agent, RightPedal's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RightPedal's discretion.
Please contact RightPedal's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Hootan Mahallati
hootan[at]rightpedal.com
RightPedal Group LLC
4680 18th Street
San Francisco, CA 94114
Contact
You may contact RightPedal at the following address:
RightPedal Group LLC
4680 18th Street
San Francisco, CA 94114