Scope of Agreement
In creating an account and/or posting any content, you represent and warrant to us that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age, provide an email address other than your own, or create multiple accounts or business listings except as otherwise authorized by us.
Rabble is provided as a free service to you, and it is paid for and supported by advertising. In accordance with Section VII (Submissions) below, you authorize us to place advertisements with your Submissions to support Rabble.
Users under 18
Accessing the Rabble Service and Account Security
We reserve the right to withdraw or change the Rabble Services, and add or remove any content from Rabble, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Rabble Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Rabble Services.
Your Submissions will be considered non-confidential. By posting Submissions, you grant us and our affiliates, and any successors and assigns a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Submissions in whole or in part. Our license includes use for any purpose, use in all media formats and channels now known or hereafter devised (including in connection with the Rabble Service and on third-party sites and platforms such as Facebook, YouTube and Twitter), any number of copies, without limit as to time or manner and frequency of use, and does not require further notice to you, attribution, permission or payment to you or any other person or entity.
You represent and warrant that:
- You own or control all rights and title in and to your Submissions and have the right to grant this license to us.
- You will not upload, post, reproduce or otherwise share any third-party content on or through the Rabble Services.
- You are solely responsible for your Submissions, and you, not us, have full responsibility for all content, including its legality, reliability, accuracy and appropriateness. You will at all times comply with all applicable FCC Guidelines, including those related to testimonials and endorsements in advertising. You shall not accept any payment of money or goods in exchange for promoting a product or service without making a clear disclosure of that fact. This rule will also apply if you are an owner or employee of a company whose products or services you endorse.
Links to Third Party Sites
These content standards apply to your Submissions and use of the Rabble Services. Your Submissions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your Submissions must not:
- Harm minors in any way;
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, fraudulent, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote, advocate, or consist of sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright, intellectual property or other right of any third party;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability;
- Rebroadcast, in whole or part, the voice or likeness of a commercial broadcast, professional announcer or commentator;
- Rebroadcast, in whole or in part, any film, commercial broadcast, musical performance or other copyrighted content;
- Promote, advocate, or endorse, any illegal activity, or advocate, promote, conduct or assist any unlawful act;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve contests, sweepstakes, illegal lotteries or gambling;
- Involve programs such as pyramid selling or “Ponzi” schemes;
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
- Delete or alter any copyright, trademark or notice of any other proprietary rights from any of our or anyone else’s content; or
- Harm or attempt to harm animals in any way.
You agree not to use the Rabble Services:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including, without limitation, any “junk mail,” “chain letter,” “phishing,” or “spam” or any other similar solicitation;
- In any manner that could disable, overburden, damage, or impair Rabble or interfere with any other party's use of the Rabble Services, including their ability to engage in real-time activities through the Rabble Services;
- Through any robot, spider or other automatic device, process or means for any purpose;
- To monitor or copy from us;
- To attempt to use any other user’s account;
- To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- To attempt to gain unauthorized access to, interfere with, damage or disrupt Rabble, our servers, or any computer or database connected to Rabble;
- To attempt to access any part of Rabble that you are not authorized to access;
- To attempt to interfere with the proper working of the Rabble Services; or
- For any other unauthorized purpose.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any Submissions for any or no reason in our sole discretion;
- Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property or privacy rights;
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Rabble Services; and
Without limiting the foregoing, we have the right to and will fully cooperate 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 Rabble or through the Rabble Services.
The Rabble Services may, from time to time, allow posting of reviews, commentary, feedback, or criticism of your Submissions. We are not liable for the content of any such materials, regardless of whether we are actually aware of them or not. You may report any such materials that you feel are abusive, indecent, or defamatory by using the reporting functions using your account, specifically describing the materials to which you object and their location. We cannot undertake to review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Although Rabble might take action, including removing such material, Rabble does not commit to taking any action with regard to such complaints or materials. You specifically waive any claim by you or any third party against Rabble for what you might be exposed to while using the Rabble Services. 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 the activities described in this section.
Intellectual Property Rights
Rabble and the Rabble Services together with 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) (“Rabble Features”) are protected by the copyright, trademark, patent, trade secret and other intellectual property rights in the United States and, where applicable, internationally.
Except for Submissions by you and other users, all Rabble Features are owned by GR Ventures, LLC, or its licensors. Except as expressly permitted by us, you SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, or publish, any of the Rabble Features. Any unauthorized use of the Rabble Features may subject you to civil or criminal penalties.
All rights not expressly granted by us are reserved to us.
The Rabble name, the term Audio Democracy™ and all related names, logos, product and service names, designs and slogans are our trademarks. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans displayed on Rabble are the trademarks of their respective owners.
Notice Of And Procedure For Claims Of Copyright Infringement
We respect the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of alleged copyright infringement. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Rabble, please send our designated agent (identified below) a notice containing the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work that is alleged to have been infringed;
- A description of the copyrighted work that you claim is infringing and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where the copyrighted work is lawfully published, the name, edition and page(s) of a book, etc.);
- A description of where the material that you claim is infringing is located on Rabble, including the URL, so that we can locate the material;
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements, your DMCA notice may not be accepted.Attention: Designated Copyright Agent GR Ventures, LLC 1201 16th Avenue South Nashville, TN 37212-2920 Phone: 615-678-1724 Fax: 615-269-0463 Email: DMCA@rabble.tv
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING US THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE EMAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “COMMENTS AND CONCERNS.”
If you receive notice from us that a third-party has alleged infringement and you believe that your content is not infringing, or that you have authorization or the legal right to post and use the material in your Submission, you may send a counter-notice containing the following information to our designated agent:
- Your physical or electronic signature;
- A description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that we may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against you, we may restore or replace the removed content at our sole discretion.
Linking to the Rabble Service 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 without our express written consent.
The Rabble Service may provide certain social media features that enable you to:
- Link to additional content from your own or certain third-party websites.
- Send emails or other communications.
- Cause Submissions to be displayed or appear to be displayed on your own or certain third party websites.
You may use only these features as they are provided by us, and solely with respect to the content they display and in accordance with any additional conditions we provide you.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Rabble Service 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.
Your use of Rabble, the Rabble Services, their content and any services or items obtained through them is at your own risk. Rabble, its content and any services or items obtained through the Rabble Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will we, or our affiliates, employees, agents, officers or directors be liable for damages of any kind, under any legal theory whatsoever, arising out of or in connection with your use, or inability to use, Rabble or the Rabble Services. in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive damages, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In no event shall we ever be liable to you for any damages exceeding $100.00.
The foregoing does not affect any liability which cannot be excluded or limited in your jurisdiction.
You agree and acknowledge that the foregoing limitations on liability are an essential part of the bargain between us and that we would not provide the Rabble Services absent such limitation. You specifically acknowledge that we shall not be liable for submissions or the offensive, defamatory, illegal conduct or conduct by a third party and that the risk of harm or damage from the foregoing rests entirely with you.
Contest Eligibility & Participation
From time-to-time, we may allow you or other users to moderate a certain portion of the Rabble Services. Moderators are simply users, and you acknowledge that we do not pay, control or direct the actions of any moderator. Moderators are provided certain privileges and controls over a particular user-moderated Rabble Service and are provided certain discretion over such Rabble Service. We may revoke this privilege to moderate or participate in a user-moderated Rabble Service at any time. If you have an comments or complaints about a particular moderator or user-moderated Service, please let us know. Moderators may not bind us, and we are not responsible for any content or views of a moderator.
Governing Law and Jurisdiction
We are based in the State of Tennessee, USA. We make no guarantee that the Rabble Services or any Rabble content is accessible or appropriate outside of the United States. Access to the Rabble Service may not be legal by certain persons or in certain countries. If you access the Rabble Service from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.
Reservation of Rights
Rabble reserves to itself any and all rights not expressly granted herein.
Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Rabble Service should be directed to: email@example.com.REVISION DATE: June 21, 2015