Terms of Service

TERMS OF SERVICE
Last updated on November 1, 2016.
Welcome RageOn Members and Guests.
The RageOn custom creation technology, app, and website creator are owned by RageOn, Inc (“RageOn”). We at RageOn are dedicated to the free expression of our users in a collaborative, positive, respectful environment. We celebrate creativity and at the same time want to make sure that each creator’s rights in his/her content are respected. Our mission is to provide all kinds of creators with recognition, exposure, and inspiration. As part of that, we want to give people new, meaningful, and fun ways to engage with creators and their images. In these Terms of Service, creators and other users give us the rights we need to do these things. We try to take as little as possible, but we do need to be sure that we’re protecting ourselves. Below are the rules for using the RageOn mobile application (“App”) and website, which provide a service for the creators of the world and their friends and fans. Most of them are pretty obvious. Be a good person. Be respectful. Post only your own work. Post only material that belongs here. Stuff like that. We provide these Terms of Service in a plain and clear way so that our users can abide by and remember them. If you use our services, we want to make sure that you have the right to post the content that you provide, and respect content rights of third parties. If you do not follow our rules, don’t use our services. We respect users’ creativity and their rights to protect their content. We provide these Terms of Service as a set of rules that we expect our users to follow, and if they don’t follow them, not to use our services.

If you have questions about our Terms of Service, please contact us at legal@rageon.com.

Now, for the rules:
RageOn (“RageOn”, “we”, or “us”) offers a wide variety of products and services, including several websites such as www.RageOn.com and all its sub-domains, together the “Site”), general and personalized content, communication tools and forums, a marketplace, online and downloadable applications, and competitions (all those together, the “Service”). These Terms of Service (the “Terms” or “Agreement”) are the rules for using the Service. By using or attempting to use the Service in any way you’re agreeing to be bound by and follow this Agreement.

We may update these terms without notice. Please check back here when you use the Service. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

Unless we say otherwise, these terms incorporate and supersede any other terms associated with the Service.

1. RageOn is a community. Almost all the material on our Site was created and posted by our members, so we can’t take responsibility for it.

The Service includes all kinds of material posted by our users. We assume no responsibility for the accuracy, authenticity, or source of any material on the Service. We do not verify or endorse any of it. We reserve the right to monitor and remove any material on or sent through the Service. We reserve the right to terminate your membership and use of the Service at any time, without notice, for any reason, at our sole discretion. If you are aware of a violation of our terms, you agree to notify us immediately, although we do not guarantee that we’ll take any action.

2. RageOn never takes ownership of your material. Period.

As we mention above, you give us the rights we need to use the material you post so that we can run RageOn. We try to take as little as possible, but we do need to be sure we’re protecting ourselves. That doesn’t change anything related to ownership. And, you can remove your material from the Service at any time.

3. You may post or submit only images that you created and you own the rights to. Any image you post or submit must not violate the rights of anyone.

By submitting any material on the Service, you warrant that you have the right to use the trademarks, processes, and other materials you use with the Service. You warrant that your posted material does not infringe any third party copyrights, trademarks, or patents. You warrant your posted material is your own.

4. RageOn does need licenses and rights to be able to run the Service and get your material as much exposure and recognition as possible on our Site, on other sites, and in the physical world.

By submitting any material on the Service:

  • You grant to us and our partners and affiliates a nonexclusive, royalty free, perpetual, and worldwide license to use your material on the Service and for promotion of the Service and of your material, including incorporating into a collective work, copying, distributing, transmitting, displaying, performing, reproducing, editing, translating, and reformatting. Whenever possible, we will credit you as an author, and you agree that we can use your name for that purpose. We will stop posting your material on the Site going forward if you remove it from the Site.
  • You grant to us and our partners and affiliates a nonexclusive, royalty free, and worldwide license to allow users to buy prints of your material on any media that we offer. You may terminate this license going forward (but not for prints you’ve already sold through the Service) by checking the appropriate box in your settings or removing your material from the Site.
  • You grant to other users of the Site a license to use your material only for the limited purpose of using and accessing the Service.
  • You represent that your material complies with these Terms.

To give RageOn members more opportunities for promotion and recognition, we sometimes post members' work on other sites, such as, but not limited to, Facebook, Twitter, Instagram, Pinterest, and Tumblr. When images are posted to any of those sites, those images become subject to the privacy policies and terms of service of those sites, which are not under the control of RageOn.

5. Copyright Notifications

RageOn respects the intellectual property rights of others and we expect our members and guests to do the same. In accordance with the Digital Millennium Copyright Act, RageOn has adopted a policy of, in appropriate circumstances, terminating member accounts that are repeat infringers of the intellectual property rights of others. We also may terminate member accounts even based on a single infringement.

We will remove material from our site if we are properly notified about alleged copyright infringement in accordance with the DMCA. If you misrepresent that material is infringing, you may be subject to liability under U.S. federal law.

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Cindy Le, our DMCA Agent, via email (legal@rageon.com), or mail (1163 E. 40th St., Suite 211, Cleveland, OH 44114). Your notification must contain the following information (please confirm these requirements with your legal counsel, see the U.S. Copyright Act, or see our DMCA Notice and Takedown Procedure for more 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 Site, sufficient for us to locate the material;
  • your address, telephone number, and email address;
  • a 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; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure

If you believe that your work has been removed by mistake or misidentification, please email us at legal@rageon.com. Your counter notification must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act for more information):

  • a physical or electronic signature of the user of the Services;
  • 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 to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

If you misrepresent that material was removed by mistake or misidentification, you may be subject to liability under U.S. federal law.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Our designated DMCA Agent for notice of alleged copyright infringement can be reached at: Email: legal@rageon.com

6. Be a good member of our community, or you can’t stay.

It’s not difficult to figure out how to be a good member of our community. But, in case you’re wondering, here are some examples of actions that may result in us closing your account and deleting your information. You agree not to do any of the following things:

  • Posting material that is threatening, abusive, harassing, slanderous, defamatory, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
  • Posting content that promotes, encourages, or provides instructional information about illegal activities.
  • Posting hate propaganda or hate mongering.
  • Posting pornography and sexually explicit material of a lewd, lecherous, or obscene nature or intent or that violates local, state, international, or federal regulations, rules, laws, or local ordinances.
  • Using pirated software sites, including cracking programs or cracking program archives.
  • Posting any material that infringes any copyright, rights of privacy or publicity, patent, trademark, trade secret, or other proprietary rights of any party.
  • Failure to answer our inquiries in a timely manner.
  • Failure to maintain an active email.
  • The use of the Service for any illegal purposes.
  • Providing false information to us.
  • Using the Service to impersonate another person or misrepresent authorization to act on behalf of others.
  • Using the Service as a remote storage server only, or knowingly allowing another website or hosting server to link to content files stored on RageOn’s servers.
  • Accessing the Service through automated methods, such as the use of robots or other computer code that calls the Service.
  • Transmit any worms or viruses or any code of a destructive nature.
  • Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
  • Sending unsolicited and unwanted messages (also known as junk mail or spam).
  • Attempting to to undermine the security or integrity of computing systems or networks of RageOn, its partners, or those accessed through or with their product.
  • Any violation of the letter or spirit of these Terms.

You agree to comply with all applicable laws and to assume responsibility for your activities, and to provide and maintain accurate, complete, and current information with us.

You agree that we may, in our sole discretion, terminate or suspend your access to the Site for those reasons, or any reason. We have the right to delete for any reason all data, files, or other information that is stored in your account. We are not liable to you or any third party for the termination of the Service and/or your account or any claims related to the termination of the Site and/or your account.

7. Proprietary Rights

We own the intellectual property rights to any and all protectable components of the Service, including the computer software, the related documentation, the “look and feel,” the end-user interfaces, the name of the Service, and many of the features.

You agree that the Service, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Service is the proprietary property of RageOn. It is protected by copyright, trademark, and other proprietary rights and laws, and may be used or accessed only as specifically provided for in this Agreement.

You shall not store, copy, rent, lease, loan, sell, transfer, transmit, display, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or reverse assemble any aspect of the Service which we own. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service (which includes its software and documentation), or create derivative works based on or in any manner commercially exploit the Service, in whole or in part.

8. Compensation

You will receive 25% Net Payment on all sales. Please contact support with any payment related questions.

9. Limitation of Liability

You must bear the risk of any liability relating to your use of the Site. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.   

ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which you paid directly to RageOn during the current payment period.

We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts. Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.

10. Indemnity

You shall defend, indemnify, and hold harmless RageOn and our affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees), relating to any acts by you or materials or information transmitted by you on or through the Site or Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

12. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

13. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

14. Coupons and Site Discounts

Coupons and Site Discounts (hereafter collectively referred to as "Coupon" or "Coupons") available are not required to work on all products and / or orders. Examples of collections that are not discountable by Coupons, include, but are not limited to, the Sale section. Should there be a question in regards to and order which items do / do not apply for the Coupon entered, screenshot your order and submit it to: info@RageOn.com, along with the Coupon you are attempting to use.

Coupons are not stackable. Only one Coupon can be applied towards an order. However, you are allowed to use a Coupon along with a Gift Card, should you have one in your account.

15. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

16. Disclaimers of Warranty

THE SITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.

17. Third Party Links

Certain content, products and services available via our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

18. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

19. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20. Custom Refunds and Exchange Policy

RageOn does not offer any refunds or exchanges on custom products, This is not negotiable due to our “on demand”, aka “made to order”, process. Once a customer places an order, we manufacture, and then fulfill. Your order is a binding contract which dictates to us to make what you as a customer want to receive.

Please see our blanket policy on Returns, Cancellations, Refunds, or Exchanges here.

21. Miscellaneous Provisions

Account Security. Do not share your password with anyone. Your account is for you only. You are responsible for any actions taken by your account. Your submission of personal information through the store is governed by our Privacy Policy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Choice of Law/Jurisdiction. You agree that these Terms of Service shall for all purposes be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Service shall be litigated and enforced under the laws of the State of Ohio. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of Ohio, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of Ohio.

Waivers. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of RageOn to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

Severability. If any provision of these Terms of Service shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Service. The remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Service is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.

Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Headings. The headings used in these Terms of Service are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Service.

Binding Agreement. These Terms of Service shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of RageOn and its affiliates, successors, assigns and licensees.

Entire Agreement. These Terms of Service and any and all other online policies promulgated by RageOn constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability, or obligation of any kind (express or implied) on behalf of the other party. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Force Majeure. Failure by any party to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.

Acknowledgment. By using and/or accessing the Website, you are agreeing to comply with and be bound by these Terms of Service (the “Agreement”). This Agreement is inclusive of any operating rules, official contest rules, policies, price schedules, and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.

Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions.

Membership or usage of the Site and service is available only to individuals who are either at least 18 years old, or at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for their conduct, and the consequences of their misuse of the Site. The Site does display photographs and images containing nudity and violence that may be offensive to some.

RageOn's policy is that no free samples will be given because each one is hand-made and takes time, resources, and man-power to make.

Questions about the Terms of Service should be sent to us at legal@rageon.com.

Disclaimer:

By downloading and/or using the mockups and printing templates, you are agreeing that they are proprietary company property owned by RageOn Inc. RageOn Inc. strictly prohibits the use for any other business other than RageOn Inc.

Our templates are not to be modified, changed, etc. from our original format and then be used for your personal gain or use with another company.

Use of these mockups and templates outside the realm of RageOn Inc. will be prosecuted to the furthest extent of the law with a minimum penalty of $25,000.00 per usage.

 

The end.