Access. RCT may ask you to provide accurate registration information to create an account in order to use the Service. If RCT believes that your information is incorrect or incomplete, RCT may prevent you from accessing the Service, or otherwise limit or restrict your use of the Service. RCT also reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, without notice.
Security. Use of the Service and/or access to some parts of the Website or Service may require a user name and password or other access credentials (“Credentials”). If you use these features, you agree to keep your Credentials confidential and secure. You agree to accept responsibility for all activities that occur under your Credentials and to notify RCT immediately if the confidentiality of your user name, password, or other Credentials is compromised. RCT will not be liable for any loss that you may incur as a result of someone else using any of your Credentials. To protect the security of the Website and your account, RCT may terminate or suspend your account, change your user name, password or other security Credentials, request additional information before authorizing access or use of your account, or take other reasonable actions.
Rights in Materials. For any Materials you post, upload, submit or request via the Service, you grant RCT a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, aggregate with information from other sources, translate, transmit, create derivative works from, throughout the world in any media now known or hereafter developed for the purposes of providing the Service. Provided however, except for purposes of providing the Service, RCT shall not disclose your non-public Materials to any third party. You agree to upload only Materials that are appropriate and related to your use of the Service. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to the Materials as described herein. By uploading Materials which are, or contain, images, photographs or other graphical depictions (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the use of the Image as provided herein. You will not upload: i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to RCT, in it’s sole discretion; ii) any information you are prohibited from transmitting by contract or confidential relationship; iii) any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy; and iv) content that contains computer viruses, worms, or other potentially damaging computer programs or files.
You agree to indemnify and hold RCT harmless from and against any and all damages, losses, costs and expenses (including reasonable attorneys' fees) incurred by RCT in connection with any action or proceeding brought by a third party that is based on any Materials you upload or any violation by you of any applicable law, regulation, third-party right or third-party agreement governing Materials you upload.
RCT will use commercially reasonable security precautions on the Website to secure and transmit Materials. RCT will use commercially reasonable efforts to make the Website available for your access seven (7) days a week, twenty-four (24) hours a day, except for scheduled downtime periods during which RCT will shut down the service for the purposes of system upgrades, maintenance, and backup procedures (“Scheduled Downtime”). The Scheduled Downtime is determined in RCT’s sole discretion as required for upgrades and network maintenance.
WARRANTY DISCLAIMERS. THIS SERVICE IS PROVIDED “AS IS” AND “AS AND WHEN AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, RCT DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. RCT DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON BEHALF OF RCT.
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL RCT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SERVICE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF RCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RCT (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SERVICE EXCEED $100.00.