Last updated: Feb 1st, 2021
Welcome, and thank you for your interest in Silverlabs Technologies, Inc. (“Rizzle,” “we,” or “us”) and our website at www.rizzle.tv, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Rizzle® regarding your use of the Service.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING RIZZLE’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND RIZZLE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY RIZZLE® AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND RIZZLE® ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19.)
The Service is a platform that enables users to publish, host, and view short videos, create themed video channels, and give or receive sponsorships. Certain users may become eligible to receive sponsorship by creating a premium channel in accordance with Rizzle’s criteria, as updated from time to time at Premium Channels.
You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18-years old, (2) you have not previously been suspended or removed from the Service and (3) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access most features of the Service, you must register for an account using a third-party login functionality that is integrated with the Service, such as those offered by Apple or Google Play. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@rizzle.tv.
Rizzle® currently provides you with access to the Service for free. In return for enjoying this free access, you acknowledge and agree that Rizzle® may generate revenues, increase goodwill or otherwise increase the value of Rizzle® from your use of the Service, and you will have no right to share in any such revenues, goodwill or value whatsoever. Rizzle® in its sole discretion may charge you fees to access certain features on the Service. Rizzle® will provide you with advance notice of any such changes before they take effect. Even if we charge you a fee for the use of the Service, you will have no right to share in the revenues we charge you or other Users or to share in any goodwill or value created.
5.1 Paying Sponsorship Funds
If you are a fan of a Premium Channel, you may elect to pay funds (“Sponsorship Funds”) through the Service to sponsor and support the creator of that Premium Channel (the “Creator”). Before you pay any Sponsorship Funds, you will have an opportunity to review and accept the amount of Sponsorship Funds and any transaction fees that you will be charged. All amounts and fees are denominated in U.S. Dollars or your local currency and are non-refundable. Any payment of Sponsorship Funds made by you, excluding those which are made using Coupons (as defined below), will be processed using Rizzle’s third-party service provider or the in-app purchase functionality provided by the Service’s marketplace distributor (e.g., Apple or Google).
5.2 Cashing Out Premium Funds.
If you are a Creator and Rizzle® or another user elects to provide you with Sponsorship Funds through the Service, then you may receive a portion of those Sponsorship Funds less certain fees and expenses (your “Premium Funds”) for cash using Rizzle’s third-party service provider (e.g., PayPal, CashFree/UPI). You may be required to have an account with that third-party service provider in order to receive your Premium Funds, and you may be charged fees for its services. Any fees charged by Rizzle’s third-party service provider are between you and that provider and may be subject to that provider’s terms and conditions or any agreement you have with it. Rizzle may place limits on the balance of Premium Funds a Creator needs in order to cash out and on the amount of Premium Funds a Creator may cash out in any given day or transaction, and Rizzle® may update these limits from time to time at its discretion. Please see Rizzle’s Premium Funds page for more information on Rizzle’s current limits on cashing out Premium Funds. In the event that another user has committed to provide Sponsorship Funds with respect to your Premium Channel, you also must not delete content from such Premium Channel for the duration of such commitment. Alternatively, you may be required to maintain a minimum level of content in such a Premium Channel.
5.3 Sponsorship Pricing.
Rizzle® reserves the right to determine pricing for sponsoring Premium Channels, as well as the allocation of fees between Rizzle®, your app store provider, and the user hosting the Premium Channel. Rizzle® will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. For the latest fees and payment structure, please visit rizzle.tv/premium-funds/. Rizzle® may change the fees for various tiers of sponsorship, including additional fees or charges, if Rizzle® gives you advance notice of changes before they apply.
5.4 Authorization.
You authorize Rizzle® to charge, directly or through its third-party service providers, all sums for Sponsorship Funds you elect to pay to Creators and for all related fees and expenses as described in these Terms or published by Rizzle® on the Service, including all applicable taxes, to the payment method specified in your account.
5.5 Subscription Service.
The Service may include automatically recurring payments for periodic charges for certain sponsorship options (“Subscription Service”). If you activate a Subscription Service, you authorize Rizzle® to periodically charge, directly or through its third-party service providers (e.g., App Store or Play Store), on a going-forward basis and until cancellation of either the recurring payments, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. Rizzle® directly or through its third-party service providers (e.g., App Store or Play Store) will bill the periodic subscription Fee to the payment method associated with your account. You may cancel the Subscription Service directly through App Store or Play Store.
5.6 Promotions and Contests.
“Rizzle® may make surprises, offers, discounts … in connection with any Promotion and Contests.” In viewer engagement programs, e. g. ‘Rizzle Dekho’, incentives, including by way of cash rewards, may be provided completely at the discretion of Rizzle’s parent company and cancelled and/or withdrawn at any time without providing any reason whatsoever.
The intention of providing such awards is to encourage viewers to become creators, hence they are subject to the condition that the account is active. In case the account is inactive for 7 days, any balance held in the account shall automatically forfeit, resulting in a ‘zero’ balance. Similarly, in case the account is deleted, there would not be any carry forward of existing balance to any other account. Any existing balance shall be considered forfeited resulting in ‘zero’ balance automatically on the deletion of the account.
6.1 Coupons Generally.
By interacting with the Service in various ways, you may acquire virtual units (“Coupons”). Coupons will be stored in a virtual wallet that is personal to you and your specific user account (“Coupon Wallet”). Coupons are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license. Any “balance” shown in your Coupon Wallet does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of your license. Coupons may only be acquired and used on the Service; and you acknowledge and agree that Coupons are not legal tender and that no use of Coupons outside of the Service is permitted. The amount of Coupons you may acquire will be calculated by Rizzle® in its absolute discretion. Coupons given to you in the United States will be denominated in dollars and cents and can only be used by you in transactions involving U.S. Dollars. Subject to applicable law, we may at any time expire free or promotional Coupons given to you.
6.2 Redeeming Coupons.
To redeem your Coupons, you must press the “Confirm Order” button after pressing the option to pay for your order via Coupons. By pressing the “Confirm Order” button, you will be deemed to have accepted making such payment (including any applicable taxes) by redeeming your Coupons, and you authorize Rizzle® to reduce the amount of Coupons in your Coupon Wallet by the value of your order. If your Coupon Wallet contains an insufficient amount of Coupons to process your payment, Rizzle® will not be required to process your order. You may use Coupons via the Service to pay Sponsorship Funds to Creators [or otherwise gift Coupons to other users]. The user interface and user experience associated with redeeming coupons may be updated from time to time to improve ease of use.
6.3 Your Acknowledgements Regarding Coupons.
Regardless of what we call them, Coupons are not real money, cannot be used as legal tender, and may never be redeemed for “real world” money, or other items of monetary value outside of the Service without our permission. While we may use terms like “value” or reference denominations in connection with Coupons, we do so only for convenience and such terms in no way indicate that the Coupons can be used as legal tender or cash. You acknowledge that the Coupons cannot be used as fiat or virtual currency, cannot be used outside of the Service, and are not redeemable for any sum of money from us at any time (other than Sponsorship Funds). You acknowledge that any breach or alleged breach of these Terms, a termination of your account, or the cancellation of the Service may result in your Coupons being forfeited with no right or entitlement to reimbursement whatsoever. You also represent and warrant to Rizzle® that you will not use Coupons in violation of any applicable laws, including any anti-money laundering laws. We reserve the right, without prior notification, to limit the quantity of Coupons and/or to refuse to provide you with any Coupons. Price, exchangeability and availability of Coupons are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify and/or eliminate Coupons as we see fit in our sole discretion, and that we will have no liability for exercising such right. You absolve us of any responsibility to maintain or update your Coupon Wallet. However, if there is a loss of Coupons in your Coupon Wallet due to technical or operational problems with the Service, we may refund Coupons once the loss has been verified. Rizzle® is not, to the greatest extent permitted by law, liable for any loss of any kind suffered by you in connection with or arising from the acquisition, loss, forfeiture, or any use whatsoever of Coupons by you. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Coupons lost.
7.1 Limited License.
Subject to your complete and ongoing compliance with these Terms, Rizzle® grants you, solely for your personal, non-commercial use (except in the context of sponsorship via functionalities of the Service), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
7.2 License Restrictions.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
7.3 Feedback.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Rizzle® an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by Rizzle®. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Rizzle® are protected by intellectual property and other laws. All Materials included in the Service are the property of Rizzle® or its third-party licensors. Except as expressly authorized by Rizzle®, you may not make use of the Materials. Rizzle® reserves all rights to the Materials not granted expressly in these Terms.
9.1 Third-Party Services and Linked Websites.
Rizzle® may provide tools through the Service that enable you to export information, including User Content, to third-party services (each a “Third-Party Service”), including through features that allow you to link your account on Rizzle® with an account on the Third-Party Service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Rizzle® may transfer that information to the applicable Third-Party Service. Third-Party Services are not under Rizzle’s control, and, to the fullest extent permitted by law, Rizzle® is not responsible for any Third-Party Service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Rizzle’s control, and Rizzle® is not responsible for their content.
9.2 Third-Party Software.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10.1 Definition.
“User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, photographs, audiovisual works, sound recordings, musical works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any Materials.
10.2 Screening User Content.
Rizzle® offers users the ability to submit User Content to or transmit it through the Service. Rizzle® does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content: (a) that we consider to violate these Terms, applicable law, or otherwise constitute Objectionable Content; or (b) in response to complaints from other users or other third parties, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, Rizzle® also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content Posted on the Service as described more fully in Section 10.8 below. We recommend that you save copies of any videos that you Post to the Service on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such videos. Rizzle® does not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will Rizzle® be liable in any way for any User Content.
10.3 Intellectual Property Rights.
SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT INCLUDED WITHIN YOUR USER CONTENT, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO USER VIDEO WILL BE CONSIDERED TO BE A SEPARATE COPYRIGHTABLE WORK AND ALL RIGHTS IN EACH USER VIDEO WILL REMAIN WITH THE OWNERS OF THE CONTENT USED TO CREATE SUCH USER VIDEO.
10.4 Licenses to User Content.
You hereby grant Rizzle® an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from Third-Party Services, and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of: (a) advertising, marketing, and promoting Rizzle®, the Service, and other users; (b) displaying and sharing your User Content to other users of the Service; and (c) providing the Service as authorized by these Terms. You further grant Rizzle® a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Rizzle® any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to Rizzle® will be considered non-confidential and non-proprietary, and treated as such by Rizzle®, and may be used by Rizzle® in accordance with these Terms without notice to you and without any liability to Rizzle®. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting Rizzle® the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
10.5 You Must Have Rights to the Content You Post.
You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
10.6 Through-To-The-Audience Rights.
All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of Third-Party Services will not have any separate liability to you or any other third party for User Content Posted or Used on such Third-Party Services via the Service.
10.7 Waiver of Rights to User Content.
By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. 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 User Content you Post to or through the Service.
10.8 Objectionable and Fraudulent Content.
You are not permitted to post and agree not to post any user content to the Service that is or could be interpreted to be:
(a) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libellous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar; or
(b) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide), in each of clauses (a) and (b) of this Section, as Rizzle® may determine in its sole and absolute (collectively, “Objectionable Content”).
Further, you are not permitted to post and agree not to post any fraudulent user content to the Service that is prima facie fraudulent. In an instant a fraudulent activity is detected to have been uploaded by Rizzle® through its fraud detection tool, immediately the user account shall be removed from the Rizzle® platform. In any such instance, the user shall forfeit any amount of credit earned thus all amounts held in the account shall automatically be wiped off and the user shall not be eligible for any incentive program in future.
Notwithstanding, the posting of any Objectionable and/or Fraudulent content may be subject you to third-party claims and none of the rights granted to you in these terms may be raised as a defense against any third-party claims arising from your posting of Objectionable and/or Fraudulent content. You also agree not to use the Service for illegal or unlawful purposes, including without limitation, to stalk any other user or solicit any illegal behaviour from any other user. If you encounter any Objectionable and/or Fraudulent content on the Service, then you will immediately inform Rizzle® through email to support@rizzle.tv or inform through the functionality offered on the Service. You acknowledge and agree that Rizzle® provides you with the ability to report Objectionable and/or Fraudulent content as a courtesy, and Rizzle® has no obligation to remove or take any other action with respect to any other action with respect to any Objectionable and/or Fraudulent content on the Service that you report to us. Rizzle® in its sole discretion may take any actions it deems necessary and/or appropriate against any user who posts Objectionable and/or Fraudulent content on the Service, including, but not limited to, warning the user, suspending or terminating the user’s account, removing all of the user Content posted on the Service and/or reporting the user to law enforcement authorities, either directly or indirectly.
10.9 Endorsements.
Notwithstanding any other provision of these Terms, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such Guides may be amended from time-to-time by the Federal Trade Commission. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.
10.10 No Liability.
For the avoidance of doubt, Rizzle® will not be liable for any unauthorized use of User Content by any user.
11.1 Text Messaging.
Rizzle® and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational or marketing messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF ALL MESSAGES FROM RIZZLE®, YOU CAN EMAIL SUPPORT@RIZZLE.TV, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including messages confirming the receipt of your opt-out request.
11.2 Push Notifications.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
11.3 Email.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
BY USING THE SERVICE, YOU AGREE NOT TO:
12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law.
12.2 harass, threaten, demean, embarrass, or otherwise harm any other user of the Service.
12.3 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
12.4 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law.
12.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.
12.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
12.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or
12.8 attempt to do any of the acts described in this Section 12 or assist or permit any person in engaging in any of the acts described in this Section 12.
13.1 Respect of Third-Party Rights.
Rizzle® respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
13.2 Repeat Infringer Policy.
Rizzle’s intellectual property policy is to (a) remove or disable access to material that Rizzle® believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content uploaded to the Service by “repeat infringers.” Rizzle® considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom Rizzle® has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. Rizzle® has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Rizzle’s own determination.
13.3 Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Rizzle® with the user alleged to have infringed a right you own or control, and you hereby consent to Rizzle® making such disclosure. Your communication must include substantially the following:
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement
Any copyrighted content can be reported to us in-app or here
13.4 Designated Agent Contact Information.
Rizzle’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at: via E-mail: , via U.S. Mail: Silverlabs Technologies, Inc., 18 S. 2nd Street, San Jose, CA, 95113
Designated Agent/Grievance Officer
13.5 Counter Notification.
If you receive a notification from Rizzle® that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Rizzle® with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Rizzle’s Designated Agent through one of the methods identified in Section 13.4 and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
13.6 Reposting of Content Subject to a Counter Notification.
If you submit a Counter Notification to Rizzle® in response to a Notification of Claimed Infringement, then Rizzle® will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Rizzle® will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Rizzle® will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Rizzle’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Rizzle’s system or network.
13.7 False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Rizzle® relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
Rizzle® reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 14, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15.1 Term.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2
15.1 Termination.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Rizzle® may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by deleting your account and/or contacting customer service at support@rizzle.tv provided that if you have a Premium Channel, you may only terminate your account once another user is no longer paying Sponsorship Funds with respect to that Premium Channel.
15.2 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Rizzle® any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 7.3, 8, 15.3, 16, 17, 18, 19, 20 and 21 will survive.
15.3 Modification of the Service
Rizzle® reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Rizzle® will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Rizzle®, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Rizzle® Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RIZZLE® DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RIZZLE® DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RIZZLE® DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR RIZZLE® ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RIZZLE® ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Rizzle® does not disclaim any warranty or other right that Rizzle® is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RIZZLE® ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RIZZLE® ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 19.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RIZZLE® ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO RIZZLE® FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19.1 Generally
In the interest of resolving disputes between you and Rizzle® in the most expedient and cost effective manner, and except as described in Section 19.2 and 19.3, you and Rizzle® agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIZZLE® ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions.
Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court, (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available, (c) seek injunctive relief in a court of law in aid of arbitration, or (d) to file suit in a court of law to address an intellectual property infringement claim.
19.3 Opt-Out.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to Silverlabs Technologies, Inc., Attention: Legal Department – Arbitration Opt-Out, 18 S. 2nd Street, San Jose, CA, 95113, that specifies: your full legal name, the email address associated with your account on the Service, the app store via which you registered your account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Rizzle® receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
19.4 Arbitrator
Any arbitration between you and Rizzle® will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at , by calling the AAA at 1-800-778-7879, or by contacting Rizzle®. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
19.5 Notice of Arbitration Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Rizzle’s address for Notice of Arbitration is: Silverlab Technologies, Inc., 18 S. 2nd Street, San Jose, CA, 95113. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Rizzle® may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Rizzle® must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Rizzle® in settlement of the dispute prior to the award, Rizzle® will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. Fees. If you commence arbitration in accordance with these Terms, Rizzle® will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Rizzle® for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.6 No Class Actions.
YOU AND RIZZLE® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rizzle® agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.7 Modifications to this Arbitration Provision.
If Rizzle® makes any future change to this arbitration provision, other than a change to Rizzle’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Rizzle’s address for Notice of Arbitration, in which case your account with Rizzle® will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.8 Enforceability
If Section 19.7 or the entirety of this Section 19 is found to be unenforceable, or if Rizzle® receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 will govern any action arising out of or related to these Terms.
20.1 General Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Rizzle® regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
20.2 Governing Law.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Rizzle® submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
20.3 Privacy Policy.
Please read the Rizzle® Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Rizzle® Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
20.4 Additional Terms.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
20.5 Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20.6 Contact Information.
The Service is offered by Silverlabs Technologies, Inc., located at 18 S. 2nd Street, San Jose, CA, 95113. You may contact us by sending correspondence to that address or by emailing us at support@rizzle.tv
20.7 Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
20.8 No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
20.8 International Use.
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
This Section 21 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Rizzle® only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to our Services, you may contact us at legal@rizzle.tv. For other queries email us at support@thesilverlabs.com.