ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service (“Agreement”) constitute a binding legal agreement between you, an individual, and Advent Visionary Initiative LLC. or (“AVI”) regarding your use of AVI’s rawfervor.com website at rawfervor.com (the “Site”) and rawfervor.com content subscription service (the “Service”). Please read this Agreement carefully. By browsing or using the Site, or registering for or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Site or the Service.
The terms “you,” “your,” and “yours” refer to you, the individual using the Site or the Service. The terms “we,” “us,” and “our” refer to AVI LLC or AVI.
THE SITE AND SUBSCRIPTION SERVICE
Visitors to the Site may browse titles of AVI content and use a limited, revocable, nontransferable, non-commercial use end user license of the demonstration version of AVI’s proprietary video clipping technology. Subscribers to the Service may, in accordance with this Agreement, download titles, or portions of titles, to a single personal computer or other storage device in accordance with the description of the applicable subscription. User generated content features shall be at the discretion of AVI on a user by user basis.
ELIGIBILITY
You must be 18 years of age or older to use the Site or the Service. Use of the Site or the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement. The Site and the Service are not intended for those under the age of 18. You represent and warrant that you do not find pornographic materials offensive or indecent and that you will not allow any person other than yourself to utilize your subscription.
ACCOUNT REGISTRATION
You must register for and maintain a subscriber account to use the Service. In order to subscribe, you must also enter a valid credit card number that is in your name, or that you are otherwise authorized to use, and select a third party payment processor to process your credit card transactions. When subscribing, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your subscription and your use of the Service.
Your subscription entitles you to access the Service solely for personal, non-commercial use, from a single computer at a time. You are solely responsible for all activities that occur through your subscription account. You must not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security or the terms of this agreement.
FEES AND PAYMENT
When you subscribe to the Service, you will incur a monthly subscription fee at the rate currently listed on the “Join” page of the Site. By subscribing to the Service, you authorize AVI to direct the third party payment processor specified by you during the registration process to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your subscription and any other purchases you make from AVI during the term of your subscription, in United States dollars, including all applicable taxes. You must comply with the terms established by the payment processor. Your subscription will automatically renew for the same length of time as your initial subscription term, at the then-current monthly membership rate that is posted on the “Join” page of the Site. You authorize AVI to instruct your selected payment processor to charge your credit card for the ongoing monthly subscription fees unless you cancel your subscription. You acknowledge and agree that AVI undertakes no responsibility regarding the payments you make to the payment processor you specify for your subscription to the Service. All disputes regarding payment, refunds, non-payment, and any other matter having to do with subscription payments charged to you by the payment processor as a result of your subscription of the Service are between you and the payment processor. You indemnify and hold AVI harmless from any and all claims by you or the payment processor regarding any of the foregoing.
EXPIRED OR REFUSED CREDIT CARD AND OTHER BILLING ISSUES
If AVI does not receive payment from the selected payment processor in respect of your subscription for any reason, you will pay all amounts due upon demand and AVI may cancel your subscription. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.
RESTRICTIONS
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use for any commercial purpose any content, or any portion of content, that is available on the Service or utilize any tool or content furnished by AVI through the Service for any purpose other than your personal end use; (b) use any automated tool to use the Service; (c) make available your access to the Service to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Site or Service; (e) use the Site or Service in a manner that threatens the integrity, performance, or availability of the Site or Service; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Service.
Downloading, image capturing or video capturing of content from rawfervor.com is prohibited.
MODIFICATIONS TO THE SERVICE
AVI reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Without limiting the generality of the foregoing, AVI reserves the right to remove content from the site and from the scope of the Service without notice, to edit or delete any user generated content or to discontinue any feature allowing user generated content. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any feature thereof.
TERM AND TERMINATION
Your subscription renews from calendar month to calendar month unless you cancel it or unless AVI terminates your account as provided by under this Agreement. You may terminate your subscription at any time via the unsubscribe page when you log in to the Service. When you cancel your subscription, your account will remain active for the remainder of the calendar month that you paid for. Termination of your subscription is your sole right and remedy with respect to any dispute with us regarding your subscription, the Site, the Service, or this Agreement. We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
You will remain liable for all fees incurred during your subscription, even after your subscription is terminated. AVI is not liable for any loss of data or any other information caused by any termination of your subscription. Please see “Disclaimer of Warranties” and “Limitation of Liability” below.
OWNERSHIP
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site, the content on the site and the Service. Except for the limited license described in “The Site and Subscription Service” above, no other rights are granted, either express or implied, to you.
As part of your subscription, you will have the ability to generate certain content through use of the site. Current examples of this ability include your ability to provide comments and ratings for titles, scenes and actors, play lists of clips and scenes, and a favorites list. We may add additional features that allow you to generate content in the future. You acknowledge and agree that you are not required to generate any content in order to use the Service. You further acknowledge and agree that all content generated by you shall be the sole property of AVI and that you have no right to any of the content you may generate while using the Service. Meta shall in its sole discretion have the right to edit or delete any content generated by you. AVI may use any content generated by you for any purpose, commercial or otherwise, in its discretion, and you disclaim any ownership or right to any profit associated with any such content. Meta reserves the right to discontinue any features that allow the creation of user generated content at any time, without notice and further reserves the right to curtail or suspend your ability to generate user generated content at any time, without notice.
You represent and warrant to AVI that in generating any content in connection with the Service, you will not generate any content that violates the intellectual property rights or other rights of any third party. You agree to indemnify and hold AVI harmless for all claims made against NEG in respect of violations by you of the foregoing representation and warranty.
COPYRIGHT INFRINGEMENT
AVI respects the intellectual property rights of others. If you believe that your work is available on the Site or Service in a way that constitutes copyright infringement, please contact AVI at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AVI’s designated agent for notice of copyright infringement can be reached at [email protected]
COMMUNITY CONDUCT
Although we do not endorse any opinions or comments expressed therein, we do enable and encourage user participation as a community member by posting reviews and comments about movies, scenes, and performers. You understand and agree that we may, but are not obligated to, review the content, and we reserve the right to reject, remove or edit such content at anytime without notice in our sole and absolute discretion, for any reason or no reason. Comments should not be posted that contain: discriminatory language, threatening, harassing, defamatory or otherwise illegal content; URLs, phone numbers, mailing or e-mail addresses; personal attacks on other community members, the movie’s personnel or distributor, discussions of the site policies or services, or misleading information of any kind.
FEEDBACK
If you provide feedback to us regarding the Site or the Service (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. META 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVI OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
AVI WILL 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, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION. UNDER NO CIRCUMSTANCES WILL AVI’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY OR ON BEHALF OF YOU TO META IN THE 12 MONTHS PRECEDING THE EVENT FROM WHICH THE CLAIM AROSE, OR $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY AVI TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
INDEMNITY
You will defend, indemnify and hold AVI, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and liability arising out of your use of the Site, Service, or your violation of this Agreement.
LINKS TO THIRD PARTY SITES
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by AVI and you acknowledge that AVI is not responsible for any content on any linked site. AVI provides links as a convenience only, and the inclusion of any link does not imply endorsement by AVI of any linked site.
UPDATES TO THIS AGREEMENT
We may occasionally update this Agreement. When we do, we will revise the “last updated” date on the Agreement, and you may view the most current version at www.rawfervor.com/Terms. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Site or to subscribe to the Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and AVI regarding the Site and the Service.
GENERAL LEGAL NOTICES
AVI’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. AVI will have no liability to you for any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond AVI’s reasonable control.
By using the Service, you consent to receiving electronic communications from AVI. These communications will include notices about your subscription and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Agreement is governed by the laws of the State of Georgia, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You irrevocably consent to the exclusive jurisdiction of the federal, state and local courts located in Georgia.
Any controversy or claim arising out of or relating to the Service or this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Georgia law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
CONTACTING AVI
If you have any questions or concerns about this Agreement or the Site or Service, please send us a thorough description by email to [email protected].
