Acceptance of Terms
RTN may discontinue, temporarily or permanently, the Services for any reason, at our sole discretion, with or without notice to you
Creation of an Account
You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to RTN for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you shall notify RTN immediately through this website.
Use of the Services
RTN Intellectual Property Rights
The Services, including text, graphics, videos, images, music, sound, logos, button icons, photographs, editorial content, software, source code, notices, overall appearance, functionality, compilations of individual data, and other material (collectively, "Intellectual Property”), are protected under copyright, patent, trademark, and other intellectual property laws. RTN owns and retains all Intellectual Property in the Services. You may not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any Intellectual Property (including but not limited to any source code used in connection with the Services), excluding information that is in the public domain or has been licensed by you to RTN.
- By submitting, posting or displaying any User Content on or through the Services, you grant to RTN a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute, in all media whether now existing or hereafter created, all such User Content which you submit, post or display on or through the Services. You acknowledge and agree that the license rights granted to RTN in the User Content is for the purpose of enabling RTN to display, distribute and promote, in any form, the Services and all content therein and that the license includes the right for RTN to make such User Content available to companies, organizations and/or individuals with whom RTN has a relationship (collectively, “Partners”) for the provision of services, and to use such User Content in connection with the provision of those services. You understand that RTN, in performing the required technical steps to provide services to our Partners, may (a) transmit or distribute your User Content over various public networks and in various forms of media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit RTN to take these actions.
- You hereby represent and warrant that: (a) the User Content is your own original work; (b) you wholly and exclusively own all rights to the User Content; (c) you are the sole author of the User Content; and (d) when used by RTN as contemplated herein, RTN’s use of the User Content will not will not infringe or violate the rights of any third party anywhere in the world including without limitation, any statutory or common law copyright, trademark or right of privacy or publicity.
- User Content may be edited before it is submitted to RTN for approval. Once posted, users have the ability to make further edits to their own User Content, which is then re-submitted to RTN for approval. We are reluctant to remove User Content once posted, as doing so would destroy the integrity of our archive and consume a huge amount of manpower. Any request to remove User Content must be submitted in writing to email@example.com . To the extent we have used the User Content in some manner as permitted by the license granted to us above, we may not be able to modify our use if you subsequently edit or remove such User Content; however, we will use commercially reasonable efforts to accommodate your request.
Link to the Website
RTN grants you a limited, non-transferable, revocable and non-exclusive right to create a hyperlink to the RTN website solely for your personal, non-commercial use. If you choose to create a hyperlink to the website, you represent and warrant that any website or webpage that contains such a hyperlink will not:
- duplicate content (including User Content) that has been previously published, uploaded, displayed, transmitted or otherwise made available on the RTN website.
- imply that RTN endorses any website or webpage, its services or products.
- misrepresent its relationship with RTN.
- contain any content or materials that could be considered harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- portray RTN in a false, misleading, derogatory or otherwise offensive manner.
- associate RTN with any products, services or opinions, without its express, written permission.
- use any trademark without express, written permission of the trademark owner.
Some of the Services may be supported by advertising revenue and may display advertisements, promotions and/or sponsored content. Similarly, the RTN website may include hyperlinks to other websites, applications, content or resources. RTN does not continually investigate, monitor or review all such websites, applications, content or resources to ensure their accuracy, completeness or appropriateness, and therefore, the inclusion of any hyperlinks to any such websites, content or resources as part of the Services does not indicate RTN’s approval or endorsement thereof. If you choose to leave the Services to access any third-party websites or applications, you do so at your own risk.
Copyright Infringement Policy
If you believe that your work has been copied and posted on the RTN website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- a description of the copyrighted work that you claim has been infringed.
- a description of where the material that you claim is infringing is located on the RTN website (and such description must be reasonably sufficient to enable RTN to find the alleged infringing material).
- your address, telephone number and email address.
- a written 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.
- 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.
Notice of claims of copyright infringement should be provided to the RTN Copyright Agent at Support@roadtripnation.org or the following address:
Attn: Copyright Agent
1626 Placentia Ave.
Costa Mesa, CA 92627
The software that you use may automatically download and install updates from time to time from RTN. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RTN to deliver these to you) as part of your use of the Services.
Disclaimer of Warranties
- The Services, including, without limitation, all content, functions and materials contained or available thereon, is provided "as is," "as available", without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. RTN also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Services or your downloading of any materials from the Services. If you are dissatisfied with the Services, your sole remedy is to discontinue using the Services.
- We make third party opinions, advice, statements, offers, or other third party information or content available as part of the Services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. RTN does not: (i) guarantee the accuracy, completeness, or usefulness of any Third-Party Content which may be part of the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears as part of the Services. Under no circumstances will RTN or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on or available from any part of the Services.
Limitation of Liability
In no event, including but not limited to negligence, shall RTN, any of its affiliates, or any of their directors, officers, employees, agents or content or service providers (including moderators or administrators) (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto; your provision of information via the Services, including the forums; or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users to the extent required by applicable law.
- By using the Services, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and RTN or its affiliates (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against RTN (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Updated April 10, 2017