Date of last revision: January 2015
All intellectual property on the RS web is owned by Rickshaw, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (i.e.: the Rickshaw name and the logo design) are owned, registered and/or licensed by Rickshaw. All content on the website, including but not limited to text, software, scripts, code, designs, graphics, photos, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Rickshaw; All rights reserved.
RS WEB USE RESTRICTIONS
All orders placed through the RS web are subject to Rickshaw’s acceptance. This means that Rickshaw may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Rickshaw will issue you a refund.
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Rickshaw account. Keep your username/password secure and do not allow anyone else to use your username/password to access the RS web. Rickshaw is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
CUSTOMER PHOTO, VIDEO AND USER-GENERATED CONTENT SHARING:
You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers; that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant Rickshaw Brands a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Rickshaw Brands shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims Rickshaw Brands with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.
By submitting a photo or video, you agree that Rickshaw Brands may contact you about your photo or video and for other administrative purposes. Rickshaw Brands may share your comments and data to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Rickshaw Brands provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Rickshaw Brands.
RICKSHAW BRANDS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND R
RICKSHAW BRANDS DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.
Under no circumstances shall Rickshaw Brands and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Rickshaw Brands has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to indemnify and hold Rickshaw Brands (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.