Last Updated: April 19, 2023
Acceptance of the Terms of Use
These terms of use are entered into by and between You and RINX LLC (“Company,” “we,” “our,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of https://rinx.com/, including any content, functionality, and services offered on or through https://RINX.com/ (the “Website“) and or via iOS/Android apps or via TV apps such as Samsung, Sony, Android TV, ChromeCast, LG, AppleTV or other TV apps added from time to time (collectively known as an “APP” or “APPs”). You agree that these Terms of Use may be in addition to those you agree with your device provider such as Apple, Google, Android or your billing provider.
Please read the Terms of Use carefully before you start to use any of the APPS or the Website for our service. By using the APPs or the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, our Terms of Service, and our Community Guidelines, both found at https://rinx.com/legal incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, or our Community Guidelines, you must not access or use the APPs, the Website or the service.
THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER, RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS, WHO POSSESSES A VALID EMAIL ADDRESS. BY USING ANY OF THE APPs OR THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE. IF YOU ARE REPRESENTING A COMPANY, YOU CONFIRM YOU HAVE A VALID AUTHORITY TO BIND YOUR COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICE THROUGH THE APPs.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the APPs or Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing RINX on the Website or the APPs
We reserve the right to withdraw or amend this Website or APPs, and any service or material we provide on the Website or the APPs, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the APPs is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the APPs, or the entire Website, or the service, to users, including registered users.
You are responsible for both:
To access the Website, any of our APPs or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or any of the APPs that all the information you provide on the Website or any of the APPs is correct, current, and complete. You agree that all information you provide to register with an account with us either through the Website or any of the APPs or otherwise, including, but not limited to, through the use of any interactive features on the APPs, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website, any of the APPs and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website or any of the APPs for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or any of the APPs, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website, the APPs, or any services or materials available through the Website or the APPs. If you wish to make any use of material on the Website or the APPs other than that set out in this section, please address your request to: legal@rinx.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Subscriber/User Generated or Uploaded Content
You represent and warrant that any content or media (including any image, videos (with or without music) you are uploading or otherwise making available, storing or streaming on/from/via RINX servers belongs to you, or you have valid rights for its use. You agree not to make available on the Website or the APPs any content or media over which you do not have rights. You acknowledge and agree that we are not responsible for any generated or uploaded content. You hold RINX and all of its affiliates and partners harmless and not liable for any allegations or claims of infringement.
You also affirm and confirm that you will not use RINX services for any hurtful messaging, in violation of our Community Guidelines, or any local laws, rules, or guidelines of any municipality, city, province, state, federal, central or country. You agree not to upload any adult content or defamatory content or any religious hurtful symbols.
Violation of this or any of the clauses shall prohibit you or your company from ever using our services, and you also will be held liable by those whom you have hurt.
You agree to use RINX services for personal use and not for public broadcast or stream to consumers.
Billing
An APP contains both free and paid services. Billing for subscriptions is provided by providers of the TV APPs, including iOS/Android/Google. You acknowledge and agree that all billing issues must be resolved with the app provider, and we have no control over billing or refunds or adjustments. All services are fully automated and controlled by you the user from your app subscriptions. All of our subscriptions are automatically renewed every month on the date on which you subscribed and as per our billing providers (iOS/Android) policies.
The permissions you give us
We need certain permissions from you to provide our services:
1. Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on our servers and other RINX products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a “license”) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, upload or otherwise provide to us content that is covered by intellectual property rights on or in connection with our Products, you grant us and our successors’ and affiliates a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, reproduce, publicly perform or display, translate, and create derivative works of your content in connection with the Website or the Apps and RINX’ business purposes, including the promotion, monetization, and distribution of RINX’s services through the Website or the Apps. This means, for example, that if you share/stream/post a photo on RINX, you give us permission to store, copy, and share it with others as you stream via our apps or devices to view or consume the content. In the event content provided by you is included in our promotional activities, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such use. To the extent the content provided by you include personal information, you also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with that content, in whole or in part. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any content you provide to or through the Website or the Apps.
You further grant to RINX the right to monetize the content you provide on the Apps, which may include displaying ads on or within the content or charging users a fee for access.
You can delete individual content you share, post, and upload at any time. In addition, all content posted to your account will be deleted if you delete your account.
It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request or it may reside on certain caching servers of our host providers, on whom we have no control. If you send content to trash, the deletion process will automatically begin. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups servers. Derivative content generated from our other partner’s AI (artificial Intelligence) servers may continue to remain on our servers. If you use our or our partners AI services using your prompts, you hereby assign all prompts used by you on our site or apps to RINX.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.
If you are using or have your/our streaming users or your end devices use hardware devices or third party devices, we may not have any control on such apps or devices on how they cache or retain content on them. We do not take any responsibility over apps or devices that we have no control over or where its technically not feasible.
License to Other Users
You also grant each other user of the Apps a worldwide, non-exclusive, royalty-free license to access the content you provide through the Apps, and to use that content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Apps. For clarity, this license does not grant any rights or permissions for a user to make use of your content independent of the Apps.
Duration of Licenses
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your content from the APPs. You understand and agree, however, that RINX may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
2. Permission to use your name, profile picture, logo, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture, logo and information about actions you have taken on RINX next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show ads inserted in-between your content, your streamer displays that you are interested in an advertised event created by a brand that has paid us to display its ads on RINX.
3. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
4. We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
5. We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
6. We reserve all rights not expressly granted to you.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Copyright Infringement
We are a provider of an interactive computer service for purposes of 47 U.S.C. § 230. As such, its liability for others’ conduct and information is limited as described in that statute. Further, we are a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on the Website infringes upon your copyrights, you may submit a notification to us pursuant to the Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). To provide us notice of an infringement, you must provide a written communication to us at:
RINX LLC
ATTN: Managing Member
300 Delaware Ave #210
Wilmington, DE 19801 USA
or send an email with the subject line “DMCA Infringement Notification” to legal@rinx.com that includes substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and, (vii) a statement, under penalty of perjury, that you are, or are authorized to act on behalf of, the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that you may be liable for damages (including costs and attorneys’ fees) if you knowingly materially misrepresent that material or an activity on the Website is infringing your copyright.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website or the APPs
We may update the content and features offered on this Website or any of the Apps from time to time, and the content is not necessarily complete or up-to-date. Any of the materials on the Website or any of the APPs may be out of date at any given time, and we are under no obligation to update such materials.
Information About You and Your Visits to our APPs
All information we collect on the Website or any of the APPs is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Transactions and Other Terms and Conditions
All transactions through our site with respect to subscribing or streaming, or if we or our customers provide minting of non-fungible tokens (NFTs) formed through the Website, or resulting from visits made by you, are governed by our Terms of Service, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website or an APP and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website or an APP may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website or an APP
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Delaware in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or blockchain or IPFS will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or an APP, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or an APP.
Governing Law and Jurisdiction
All matters relating to the Website, our service, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, our service, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
AT COMPANY’S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OF USE OR USE OF OUR SERVICE OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING NEW YORK LAW.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, Community Guidelines and Terms of Service constitute the sole and entire agreement between you and RINX LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by RINX LLC, located at the address listed below. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy, as described above. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us by email using the below contact information.
RINX LLC
ATTN: Managing Member
300 Delaware Ave #210
Wilmington, DE 19801.
Email: legal@rinx.com
4890-2344-1926, v. 3