3. Limited License

Rhino Moon grants you a limited license to access and use the Site and the Software subject to the terms and conditions of this Terms of Service and EULA (the “EULA”). However, this license does not allow you to make any commercial use or any derivative works or use of this Site or the Software (including any of its individual elements or content).

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Rhino Moon’s trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, graphics, or the layout and design of any page or form contained on a page) without Rhino Moon’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a Rhino Moon name, trademark, URL, or product name without Rhino Moon’s express written consent.

4. Use of Materials

All materials transmitted or published by Rhino Moon on the Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the “Materials”) are owned or controlled by Rhino Moon, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright, trademark, and other laws.

Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Software) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

5. Online Conduct and User Content

Please exercise respect when participating in any of the Site’s, the Software’s and/or the Service’s community features such as forums, bulletin boards, chats, voice chat, etc. (“User Venues”). You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted through User Venues, is the sole responsibility of the person from which such Content originated. This means that you, and not Rhino Moon, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the User Venues. Rhino Moon does not control the Content posted or transmitted via the User Venues and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, the Software and/or the Service, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to Rhino Moon through the User Venues.

Notwithstanding anything to the contrary, you promise that you will not:

• remove any proprietary notices from this Site, the Software or any copy thereof;
• cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of Rhino Moon;
• sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;
• make any false, misleading or deceptive statement or representation regarding Rhino Moon, the Site, the Software and/or the Service;
• export or re-export the Software in violation of United States export laws;
• use the Site, the Software or the Service for any commercial purpose or the benefit of any third party, or any manner not permitted by the licenses granted herein or charge any person, or receive any compensation for, the use of the Site, the Software or the Service;
• copy the Software (other than as provided under United States copyright laws);
• access, create or modify source code of the Software in any way;
• use the Site, the Software or the Service to, or in any way that would, violate any applicable law, regulation or ordinance;
• attempt to decompile, reverse engineer, disassemble or hack the Site, the Software or the Service, or to defeat or overcome any encryption and/or digital rights management technology implemented by Rhino Moon with respect to this Site, the Software, the Service and/or data transmitted, processed or stored by Rhino Moon, the Site, the Software or the Service;
• take any steps to interfere with or in any manner compromise any of Rhino Moon’s security measures;
• harvest or collect any information or communication about the Site, the Software or the Service or users of the Software or Service by monitoring, interdicting or intercepting any process of the Site, the Software or the Service;
• use the Site, the Software or the Service to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, (E) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site, the Software or the Service, (F) constitutes harassment or a violation of privacy or threatens other people or groups of people; or (G) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

Any time you upload, post or transmit Content to the User Venues, including but not limited to forums, bulletin boards or chats, you automatically grant Rhino Moon a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the Content posted by you in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the Content in advertising, promotion and publicity for the Site, the Software, the Service and Rhino Moon’s and/or its affiliates’ other products and services, in any and all media now known or hereafter devised. You further waive all rights of “droit moral” or “moral rights of authors or creators” and/or similar rights or principals of law which you may now or hereafter have in any such Content.

6. Disclaimer

The Site, the Software, AND THE SERVICE are provided "as is" and without any warranties, claims or representations made by Rhino Moon of any kind either express, implied or statutory with respect to the Site, the Software, AND/OR THE SERVICE, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, Rhino Moon, ITS AFFILIATES AND/OR BUSINESS PARTNERS do not warrant that the Site, the Software, THE SERVICE and the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the Site, the Software, THE SERVICE, and/or the servers that make same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

You acknowledge that the entire risk arising out of the use or performance of the Site the Software AND/OR THE SERVICE remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

7. Limitation of Liability

IN NO EVENT SHALL RHINO MOON, ITS AFFILIATES AND/OR BUSINESS PARTNERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF RHINO MOON, ITS AFFILIATES AND/OR BUSINESS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR THE SERVICE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THE SITE AND CEASE USE OF THE SOFTWARE AND THE SERVICE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

8. Links to Third Party Sites

The links provided throughout the Site will let you leave the Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Rhino Moon in any manner whatsoever. Therefore, Rhino Moon is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Rhino Moon is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Rhino Moon of any linked site and/or any of its content therein.

9. Term of Use

The license for use of the Site, Software and the Service is effective until terminated. This license will terminate as set forth within this Terms of Service and/or the EULA or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Rhino Moon to effect such termination. Sections 4, 5, 6, and 8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site, the Software or the Service.

10. Your Representations and Warranties

You represent and warrant that:

• you possess the legal right and ability to enter into this Terms of Service and the EULA and to comply with their terms;
• you will use this Site, the Software and the Service for lawful purposes only and in accordance with this Terms of Service, the EULA and all applicable laws, regulations and policies;
• you will only use the Site, the Software and the Service on a computer on which such use is authorized by the computer's owner; and
• you are over 13 years of age.

11. Indemnity

You agree to indemnify, defend and hold harmless Rhino Moon, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of the Site, the Software or the Service.

12. Notification of Possible Copyright Infringement

Rhino Moon may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Rhino Moon to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

Rhino Moon will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify Rhino Moon’s Copyright Agent identified below.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b) a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;

(c) a description of the exact name of the infringing work on the Site (and the location of the infringing work, if it appears on the Site) or if the infringing work appears on a site linked to from the Site where the material that you claim is infringing is located on such site;

(d) information sufficient to permit Rhino Moon to contact you, such as your physical address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) 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.

To reach Rhino Moon’s Copyright Agent for Notice of claims of copyright infringement:

By email:

support@projectreadon.com

By mail:

Copyright Agent
Rhino Moon Captioning, Ltd
815-A Brazos St, #179
Austin, TX 78701

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site. All other inquiries directed to the Copyright Agent will not be responded to.

13. Export Control Law; Notice to U.S. Government Users

The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any countries embargoed under U.S. law. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading the Software or using this Site, you are certifying that you are not a national of any country embargoed under U.S. law and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Rhino Moon products and publications are commercial in nature. The Software and documentation available on the Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

14. Severability

If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

15. Trademark

All trademarks, service marks, logos, trade names, and any other proprietary designations of Rhino Moon used herein are trademarks or registered trademarks of Rhino Moon. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

The Software may be used for viewing material created by third-parties. Rhino Moon makes no claim to proprietary or intellectual property rights in these third party materials, websites, and services.

16. Miscellaneous

Rhino Moon reserves all rights not expressly granted herein. Rhino Moon may modify this Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site, the Software and/or the Service shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Rhino Moon. The failure of Rhino Moon at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Terms of Service against or relating to Rhino Moon or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Travis County, Texas and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to the Site, the Software and the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at: support@projectreadon.com

Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: Rhino Moon has an address at 815-A Brazos St, #179, Austin, TX 78701, and is engaged in the development of closed captioning and services for distribution worldwide. Currently there are no charges to the consumer for use of Rhino Moon web site, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages relating to each purchase, e-mailed to the consumer after said purchase. Rhino Moon publishes its payment methods and sales tax policy on the projectreadon.com web site. Rhino Moon reserves the right to change its pricing.

Please feel free to contact our affiliate to resolve a complaint regarding any aspect of our service by writing to the address above or by emailing support@projectreadon.com If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site or the Software, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.

Project readOn Privacy Statement