Terms of Service

Welcome to Dimers, which includes the websites, digital content offerings and other digital services (collectively, the “Service” or “Services”) of iRival Media LLC and its associated entities (“iRival Media,” “we,” or “us”).

These Terms and Conditions of use ("Terms", "Terms of Service", or "Agreement") affect your legal rights and obligations, including, but not limited to waivers of rights, limitation of liability, and your indemnity to us. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than courts or jury trials, and limits the remedies available in the event of a dispute.

These Terms of Service explain the terms by which you may use the Services. By accessing or using the Services, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set out in the Dimers Privacy Policy, whether or not you are a registered user of the Services. This Agreement applies to all visitors, users, and others who access the Services (“Users”).

HOW WE UPDATE THESE TERMS OF SERVICE

iRival Media reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.

YOUR USE OF THE SITE RESTRICTIONS

You may browse this Site and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Service, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without iRival Media’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of iRival Media, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of iRival Media, including any Dimers account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to Personally Identifiable Information (PII), other than your own information, as provided for by the Site.

Accounts may not be shared and may only be used by one individual per account.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or iRival Media’s systems or networks, or any systems or networks connected to the Site or to iRival Media’s associated entities.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing iRival Media’s name or trademarks without iRival Media’s express written consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to iRival Media on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of iRival Media or others. Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Any violation of iRival Media’s system or network security may subject you to civil and/or criminal liability.

SWEEPSTAKES, CONTESTS AND PROMOTIONS

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit iRival Media to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such emails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.

SHARING YOUR CONTENT
  • Your content. iRival Media allows you to post content on the Service, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.”
  • How iRival Media and other Users can use your content. Unless you have entered into a separate assignment agreement with iRival Media, you own all of the User Content that you post or publish (“post”) on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict iRival Media’s rights under any separate content assignment agreements and/or license agreements.
  • Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. iRival Media reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. iRival Media takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. iRival Media is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iRival Media shall not be liable for any damages you allege to incur as a result of such User Content.
  • Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • User Content Programs. We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which iRival Media may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and iRival Media. While iRival Media may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that iRival Media does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions iRival Media may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by iRival Media regarding your User Content or to perform any requested activity or task, and you
OUR CONTENT
  • iRival Media Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of iRival Media and its licensors (“iRival Media Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the iRival Media Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the iRival Media Content, including without limitation any materials or content accessible on the Service. “Dimers,” graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of iRival Media protected by the laws of the United States and/or other countries or jurisdictions. iRival Media’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of iRival Media Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
  • Our license to you. Subject to the terms and conditions of this Agreement, iRival Media provides you with a license to use the Service for your personal, non-commercial use only and as expressly permitted by the features of the Service. iRival Media may terminate this license at any time for any reason or no reason.
COPYRIGHT INFRINGEMENT & TRADEMARK RIGHTS

We have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

651 N Broad St, 205 #1306, Middletown DE 19709

Email: legal@irivalmedia.com

Your written notice must:

  • contain your physical or electronic signature;
  • identify the copyrighted work alleged to have been infringed;
  • identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • contain adequate information by which we can contact you (including postal address, telephone number, and email address);
  • contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • contain a statement that the information in the written notice is accurate; and
  • contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at legal@irivalmedia.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Send counter-notices to the same addresses listed above 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 address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company 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, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

If the Sites receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Sites reserve the right to terminate the accounts of “repeat copyright infringers.”

Material on our Sites may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on our Sites without prior notice.

PRIVACY

iRival Media’s Privacy Policy applies to use of this Site and is referenced here as these Terms of Service. To view iRival Media’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

INDEMNITY

You agree to defend, indemnify, and hold harmless iRival Meid and its associated entities and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Service or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

iRival Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without iRival Media’s prior written consent.

DISCLAIMER OF WARRANTIES

You expressly agree that use of the services is at your sole risk. We provide the services on an “As is” and “As available” basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to iRival Media (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). iRival Media makes no warranty that its network will meet your requirements, or that the services will be uninterrupted, timely, secure, free of viruses or other harmful components or error free, or that defects will be corrected. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the services or their unavailability. We make no warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that defects in the services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from iRival Media or through the services shall create any warranty not expressly made herein.

The services and information on the sites is provided “as is.” the sites do not warrant, either expressly or by implication, the accuracy of any materials or information provided on the sites or their suitability for any particular purpose, and expressly disclaim all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose.

Although the information provided to visitors on the sites is obtained or compiled from sources we believe to be reliable, the sites cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to visitors or its suitability for any particular purpose. Neither the sites, nor any of their parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, operational or promotional providers, program producers or sponsors are liable or shall have responsibility of any kind to any visitor for any loss or damage that you incur in the event of: (I) any failure or interruption of this site; (ii) any act or omission of any third party involved in making the sites or the data contained herein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the sites or materials on the sites; (iv) your interaction or submissions on the sites, including, but not limited to, resumé or employment submissions or dialogue between hosts; or (v) from your failure to comply with this agreement, whether or not the circumstances giving rise to such cause may have been within the control of the sites or of any vendor providing software, services or support. In no event will the sites, their parents, partners, affiliates, subsidiaries, members, officers or employees be liable for any direct, special, indirect, consequential or incidental damages or any other loss or damages of any kind even if the sites, their affiliates or any other party has been advised of the possibility thereof. Please be advised that once you leave the sites, your use of the internet will be governed by the terms of service agreements and privacy policies, if any, of the particular site that you are accessing, including those of our operational providers, advertisers, sponsors and promotional partners. The sites, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and agents will not be responsible or liable for the content, activities or privacy practices of the other sites, or any loss or damage that could result from leaving the site.

You represent and warrant to us that execution, delivery and performance of any aspect(s) of these terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.

THIRD-PARTY LINKS, SITES AND SERVICES

The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by iRival Media. Because iRival Media has no control over such sites and resources, you acknowledge and agree that iRival Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that iRival Media 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 use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

LIMITATIONS OF LIABILITY

Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under English law. We are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. However, you understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Services. We will not be liable for damages which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network. Unless otherwise provided by applicable law, in no event shall our liability to you exceed the amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim.

RIGHTS TO TERMINATE USE

Upon termination of your account for any reason, iRival Media will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Service, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Service, shall so survive.

To the extent that any part of this Site offers subscriptions to users, iRival Media reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.

You agree that iRival Media and its associated entities reserve the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where iRival Media has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Service.

In its sole discretion, in addition to any other rights or remedies available to iRival Media and without any liability whatsoever, iRival Media at any time and without notice may terminate or restrict your access to the site and/or the services.

You also agree that any violation by you of these Terms of Service may constitute an unlawful and unfair business practice and cause irreparable harm to iRival Media, for which monetary damages would be inadequate, and you consent to iRival Media obtaining any injunctive or equitable relief that iRival Media deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that iRival Media may have at law or in equity.

GOVERNING LAW AND VENUE

This Agreement shall be governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws principles, except to the extent that law is inconsistent with or preempted by federal law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. To the extent that a dispute is not subject to arbitration under the Dispute Resolution section of this Agreement, that action shall be brought in the appropriate state or federal court located in Dover, Delaware; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Dover, Delaware for the adjudication of all non-arbitral claims.

DISPUTE RESOLUTION

Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please contact iRival Media Customer Support at 651 N Broad St, 205 #1306, Middletown DE 19709 or by email to support@irivalmedia.com. In the unlikely event that you're not satisfied with customer service's solution (or if iRival Media has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $15,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court.

ARBITRATION AGREEMENT

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with iRival Media LLC and any of its subsidiaries, affiliates, brands and entities that it controls (collectively “iRival Media,” “we,” “us,” or “our”) and limits the manner in which you can seek relief from us. Both you and iRival Media acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, iRival Media’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

ARBITRATION RULES; APPLICABILITY OF ARBITRATION AGREEMENT

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Dover, DE, District of Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

COSTS OF ARBITRATION

The Rules will govern payment of all arbitration fees. iRival Media will pay all arbitration fees for claims less than fifteen thousand ($15,000) dollars. iRival Media will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

JUSTICE OF THE PEACE COURT; INFRINGEMENT

Either you or iRival Media may assert claims, if they qualify, in Delaware Justice of the Peace Court in Middletown, DE, County of New Castle or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

WAIVER OF JURY TRIAL

YOU AND iRival Media WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and iRival Media are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and iRival Media over whether to vacate or enforce an arbitration award, YOU AND iRival Media WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor iRival Media is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

OPT-OUT

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 651 N Broad St, Suite 205 #1306, Middletown DE 19709 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. Notices sent to any other address, or sent by electronic mail or communicated orally, will not be accepted or effective.

EXCLUSIVE VENUE

If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or iRival Media to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and iRival Media agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Dover, DE, District of Delaware, or the federal district in which that county falls.

SEVERABILITY

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with iRival Media.

STATE SPECIFIC PROVISIONS

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. iRival Media may be contacted via email at contact@irivalmedia.com.

MISCELLANEOUS

Entire Agreement

These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that we make available through the Services and any additional terms to which you agree when using particular elements of the Services (for example, terms specific to a site within the network of Sites or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.

Transfer of Rights

You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.

Conflicts

In the event of any conflict between these Terms and terms of a specific site within our network of Sites, these Terms shall govern.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For users outside of the European Union Only. 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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Survival

The terms of sections of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.

Our Relationship

Both parties are independent contractors of each other. No other person shall have any rights to enforce any of the provisions contained in these Terms. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.

Last updated August 11th, 2020.