TERMS OF SERVICE

Confirmation and Acceptance

  1. Team Red, White & Blue (“we,” “us,” “our” or “Team RWB”) provides its services and includes the website at www.teamrwb.org (the “Website”), the Team RWB application (the “Application”) and any other Team RWB online service that links to these terms (collectively, the “Site”). These Terms of Service (the “Terms”) create a binding agreement between you (“you”) and us governing your use of the Site. IF YOU DOWNLOAD, INSTALL, ACCESS, AND/OR USE THE WEBSITE OR APPLICATION, YOU WILL BE DEEMED TO ACCEPT AND BE BOUND BY THESE TERMS AND ANY DOCUMENTS OR ADDITIONAL TERMS INCORPORATED HEREIN. YOU MUST CAREFULLY READ THESE TERMS, THE PRIVACY POLICY, AND COMMUNITY GUIDELINES BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE WEBSITE OR APPLICATION. IF YOU DO NOT AGREE WITH OR ACCEPT THE TERMS, THE PRIVACY POLICY, AND THE COMMUNITY GUIDELINES, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE WEBSITE OR APPLICATION.
  2. THESE TERMS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS AND CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE “ARBITRATION; APPLICABLE LAWS AND JURISDICTION” BELOW FOR MORE INFORMATION.
  3. By accepting these Terms, you hereby represent and warrant that you are able to form a binding contract with us and meet all of the eligibility requirements set forth herein. If you do not meet all of these requirements, you must not download, install, access, or use the Site.
  4. In order to provide better service, we may amend and/or update these Terms from time to time at our sole discretion, with or without providing prior notice to you. All amendments and updates shall become effective immediately at the time of posting online and apply to all access and use of the Site thereafter. You should review these Terms regularly so you are aware of any changes, as they are binding on you. If you do notagree with or accept the updated terms, you must discontinue use of the Site. You will be deemed to accept the updated Terms if you continueto use the Site after the time updated Terms are posted.

Registration and Use

  1. Your Eligibility

THE SITE IS FOR ADULTS AGE 13 AND OLDER.  If you are under 13, do not register.  If you are a parent or guardian and learn that your child that is under 13 has created an account, please let us know and we will delete the account and associated information.

  1. Account Registration
    1. To access or use some features of the Site, you may be asked to provide certain registration details or create an account (“Account”). You can log in to the Site through the username and the password provided by us or created by you.
    2. By creating an Account, you undertake to and shall provide true, accurate, current, and complete information as we request, and shall at all times keep such information current and complete. You agree that all information you register with the Site or otherwise provide to us, including, but not limited to, information provided through the use of any interactive features on the Website or Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, which is hereby incorporated into these Terms.
  1. Account Safety and Management
    1. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
    2. You also acknowledge that your account is personal to you and you must not provide any other person with access to the Site or portions of it using your user name, password, or other security information.
    3. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security related to your Account. You are responsible for all activity (whether or not authorized by you) in connection with your Account, including but not limited to any online signature of separate agreements you may enter with us, any purchase of products and/or services through the Site, as well as the release or disclosure of information, including personal information. Therefore, you are advised to log out of your account at the end of each session and to keep your account credentials confidential.
  1. Account Deactivation and Suspension
    1. By You. You can deactivate your Account by notifying and asking us to take measures to suspend the login and use of your In connection with such request we may require you to provide valid identifying information that is consistent with the registered identity information. We have the right to refuse your request if such information is not provided.
    2. By Us. We reserve the right to suspend, block, or terminate your Account at any time, immediately, without notice to you, including if you have failed to comply with any of the provisions of these Terms, if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Site or infringe or violate any third party rights, or violate any applicable laws or regulations, or if we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Team RWB or third parties.
    3. Further, if your Account has not been used for more than one year, we reserve the right to suspend, close, retrieve or replace your Account, or delete or de-identify all records (including but not limited to registration information, user content or activity, etc.) associated with your Account. We will take commercially reasonable measures to attempt to notify you, including, for example, through popup windows, website announcements, site notices and client notifications before closing your Account or deleting or de-identifying your records.
    4. The Site is not a storage service. If you choose to deactivate your Account or your account is terminated by us for any reason, you will not be able to reactivate your Account or retrieve any of the content or information associated with your Account, including User Content (defined below). As a result, we recommend that you save copies of any information associated with your Account on your personal device.

Instructions of Conduct

  1. You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Site. You shall not upload, download, send or transmit sensitive information or information in violation of applicable laws and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or otherwise use the Site for purposes of:
    1. inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;
    2. spreading rumor, disturbing social order and undermining social stability;
    3. spreading or otherwise justifying obscenity, illegal gambling, violence, homicide, bodily injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals;
    4. insulting or slandering other people and infringing other people’s legal rights and interests;
    5. distributing works not created by you which may infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual or proprietary rights of third parties;
    6. exploiting harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    7. spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursors or encouraging use of any of them;
    8. spreading information on methods of committing suicide, as well as calls for suicide;
    9. demonstrating sexual acts or containing pornographic or inappropriate content;
    10. containing libelous, abusive, intimidating, vulgar or obscene language; or
    11. sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not otherwise comply with our Community Guidelines.
  2. You shall not:
    1. Impersonate Team RWB, an employee, another user, or any other person or organization, falsely claim to be connected with any person or entity (including, without limitation, by using email addresses or Account information associated with any of the foregoing).
    2. use the Site for any unauthorized commercial or promotional purposes, including without limitation, spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
    3. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Team RWB or users of the Site, or expose them to liability;
    4. engage in any illegal or potentially illegal activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or committing fraud. We will closely monitor such acts and reserve the right to investigate any illegal activity and cooperate with competent law enforcement authorities by means of including, but not limited to, conducting investigation and evidence collection, and providing the identity information and evidence of illegal activities to law enforcement authorities;
    5. use or exploit any of Team RWB’s intellectual property rights (including our trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringe on any of Team RWB’s intellectual property rights (including attempting to reverse engineer our client or software used); imitate the Site appearance design and functions; collect or process content made available through the Site by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools; decompile, reverse compile or reverse engineer any of software used by the Site or seek to do any of the foregoing determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Site or any derivative works thereof;
    6. distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, the Site, servers and networks connected with the Site;
    7. without our written consent, distribute, license, transfer, or sell, in whole or in part, any of the Site or any derivative works thereof;
    8. market, rent or lease the Site for a fee or charge, or incorporate the Site or any portion thereof into any other program or product;
    9. create multiple Accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;
    10. engage in any actions disturbing the proper normal order of the application, such as disruption of our website or any networks connected to the Site, bypassing any measures we may use to prevent or restrict access to the Site, trading reviews with other users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper illegal interests, or leveraging the Internet or otherwise to bring plug-ins, cheating software and bugs to the public;
    11. make any use of our brand or claim any relationship to the Site, such as making a statement that any content is “in partnership with Team RWB” and “co-produced with Team RWB” via any channel or media; or
    12. use the Site to create any events that, directly or indirectly, participate in, advocate for, or intervene in, any political campaign on behalf of, or in opposition to, any candidate for elective public office, including political candidate fundraising events.
  1. You hereby acknowledge and agree that we may (a) disclose your identity or other information about you to any third party who claims that User Content (defined below) posted by you violates their rights, including their intellectual property rights or their right to privacy or (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Without limiting the foregoing, you acknowledge and agree that we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU HEREBY WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  2. The information presented on or through the Site is for general information purposes only. We make no warranties and/or guarantees that any content provided by or through the Site is accurate, complete or up to date. Any of the information on the Site may be out of date at any given time, and we are under no obligation to update such information. The Site may display content that is not produced or owned by Team RWB. You agree that accessing and viewing such content is at your own risk. We have the right, but not the obligation, to review, monitor, examine, and verify the content uploaded or published by you or other users for compliance with applicable laws and regulations, requirements of competent governmental authorities, these Terms and our policies. If we, in our sole discretion, believe that any content does not comply with applicable laws and regulations, requirements of competent governmental authorities, these Terms or our policies, we reserve the right to take any measures to address this, including without limitation, to remove or refuse to display such content. 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 Team RWB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Team RWB. 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.

Commercial Behaviors

  1. You understand and hereby agree that we may generate revenue and value from your use of the Site including, without limitation, through our sales of advertisement, broadcasting services, cooperation with third parties, etc. Subject to these Terms, our express written consent and/or another agreement with you, you agree that you:
    1. are not entitled to share such revenue and/or value generated by us in connection with your use of the Site;
    2. are not entitled to receive any payment and/or other consideration from us in connection with your use of the Site; and
  1. We may provide formal and special channels to publish advertisements through the Site. You are prohibited from publishing commercial information (including but not limited to any advertising materials, sales materials, etc.) on the Site other than through the Site’s formal and special channels.
  2. You acknowledge and agree that we may publish commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of the Site) visible to you, and you agree and authorize us to send you account-related calls and text messages at the mobile phone number provided at registration.
  3. If the Site 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. We have no control over the content 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 the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights and User Content

  1. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays images, graphics, illustrations, logos, video, and audio, and the design, selection, look and feel, and arrangement thereof) are owned by Team RWB, 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. Using our Site does not give you ownership of any intellectual property rights in the Site or the content you access, including content provided by us or other users. You may not use content from the Site unless you obtain permission from its owner or are otherwise permitted by law. You shall not remove, obscure, or alter any legal notices displayed in or along with the Site. Team RWB hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Site, solely for your personal, non-commercial use and solely in compliance with these Terms. We reserve all rights not expressly granted herein.
  2. You may be permitted to post, submit, publish, display, or transmit to other users or other persons content or materials, including text, words, pictures, videos, audios, whether musical works or non-musical works, live shows etc.) (collectively, “User Content”). All User Content must comply with our Community Guidelines.
  3. You hereby represent and warrant that you own or control all rights in the User Content that is uploaded, published or transmitted on the Site through your Account or you have received all necessary authorizations, approvals, licenses and/or clearances from the owner of the content to grant the following license (without any obligation to pay royalties or other consideration to any third party). You hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, non-exclusive, sub-licensable, transferable and perpetual license to (a) display the User Content within the Site; (b) allow other users to view, access, play and download the User Content subject to our Privacy Policy, (c) otherwise use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Site), communicate, publish, publicly perform, publicly display, distribute, or otherwise disclose to third parties User Content (including for commercial purposes such as promotion of the Site), and (d) use your user name, image, voice, and likeness to identify you as the source of any of your User Content and you hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. You understand and acknowledge that you are responsible for any User Content submitted or contributed through your Account, including its legality, reliability, accuracy, and appropriateness.
  4. You acknowledge and agree that User Content will be considered non-proprietary and non-confidential. You must not upload or transmit any User Content that you consider to be proprietary or confidential. The Site may include functionality that allows you to control to what extent your User Content is publicly available, whether to all other users, a select group of users, or only to yourself, however such features and functions may not be available to all users.
  5. You acknowledge and agree that we have the right to remove or refuse to display any User Content for any reason or no reason in our sole discretion, or take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including our Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us or any other user. Notwithstanding the foregoing, we cannot and do not undertake to review all User Content before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  6. If you believe that any User Content violates your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of the Team RWB to terminate the user accounts of repeat infringers.
  7. You hereby acknowledge and agree that any feedback, suggestions, advice, or ideas for improvement, modification or additional features with respect to the Site (collectively “Feedback”) is provided on a non-confidential basis and we may use your Feedback for any purpose without any restrictions or obligation to compensate you.

Liabilities

  1. You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Website or Application’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
  2. You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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 the Service 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, MOBILE DEVICE, EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
  3. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TEAM RWB NOR ANY PERSON ASSOCIATED WITH TEAM RWB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER TEAM RWB NOR ANYONE ASSOCIATED WITH TEAM RWB REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  4. TO THE FULLEST EXTENT PROVIDED BY LAW, TEAM RWB 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.
  5. To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Site is between you and such third party and you irrevocably agree to release and hold harmless us from any and all claims, demands and/or damages arising out of such claim or dispute.
  6. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL (A) TEAM RWB, 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 ACCESS, OR INABILITY TO USE OR ACCESS THE SITE, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR APPLICATIONS, 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; OR (B) THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00) . THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Arbitration; Applicable Laws and Jurisdiction

  1. Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other the Site users. If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this provision’s limitations, then only that claim may be brought in court. All other claims remain subject to this provision.
  2. Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
  3. The following claims will not have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Community Guidelines, or efforts to interfere with the Site or engage with the Site in unauthorized ways.
  4. This arbitration provision is governed by the Federal Arbitration Act.
  5. You can opt out of this provision within thirty (30) days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your the Application account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: 198 14th Street NW, Atlanta, GA 30318.
  6. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your the Application account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to 198 14th Street NW, Atlanta, GA 30318.
  7. . Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your the Application account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
  8. We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
  9. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in a federal court or a state court located in [Fulton County in the State of Georgia]. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  10. The laws of the State of [New York] will govern these Terms and any claim, without regard to conflict of law provisions.
  11. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  12. Should any provision of these Terms be held to be void, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions of these Terms. The invalidity, illegality or unenforceability of all or any part of any provision of the Terms shall not effect or impair such part or provision or any other provisions of the Terms in any other jurisdiction.

Miscellaneous

  1. The failure of either you or us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
  2. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
  3. These Terms, our Privacy Policy, our Community Guidelines, and Copyright Policy (below) and any other terms referenced herein constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Copyright Policy

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your written notice (the “DMCA Notice”) must include substantially the following:

    1. Your physical or electronic signature.
    2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works.
    3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
    5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the written notice is accurate.
    7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Bana Miller
Team Red, White & Blue
198 14th Street NW
Atlanta, GA 30318
Phone: 910-578-4841
Email: [email protected]

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 if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

    1. Your physical or electronic signature.
    2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
    3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
    4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Application may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.

Last Modified: July 13, 2020