RICEBOYTV

1.         Your Acceptance

A.         By downloading, using or visiting this Rice Boy T.V.com website (the “Website”), you agree to the terms of service and conditions contained herein (the “TOS”). We reserve the right in our sole discretion to change or modify the TOS at any time and you agree to be bound by such changes or modifications.

2.         Rice Boy T.V.com Website

A.         The TOS applies to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects including, but not limited to, all products, software and services offered via the Website.

B.         The Website may contain links to third party websites that are not owned or controlled by Rice Boy Media LLC (the “Company”). The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that the Company is not responsible for the availability of such websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website.

3.         Accounts

In order to access some features of the Website, you will have to create an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You may never use another person’s account without permission.

4.         Permitted Content

By downloading, using or visiting this Website, you agree to the following:

A.         Not to include any video, textual or other content (the “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable.

B.         Not to distribute in any medium any part of the Website including, but not limited to, Content from any other person, without the Company’s prior written authorization.

C.         Not to alter or modify any part of the Website.

D.         Not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

E.         Not to intentionally or unintentionally violate any applicable local, state, national or international law.

F.         Not to access Content through any technology or means other than as provide by the Company on the Website

G.         Not to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

H.         Not to use the Website or the Content for any commercial use, without the prior written authorization of the Company.

I.          Not to use the Website in any manner that could damage, disable, overburden, or impair the Company’s services, nor may you use the Website in any manner that could interfere with any other party's use of Website or the services and products of third parties.

J.         That you have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use such person’s name or likeness.

K.         That you own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights to the Content, and any audio, music, or other works of art that you incorporate into your Content, and to authorize the Company to use the Content and include the Content in the services provide to all users of the Website.

L.         The Company reserves the right to discontinue any aspect of the Website at any time in its sole discretion.

M.        You may access Content on the Website solely for your personal use.
When using the Website, you will be exposed to Content from a variety of sources. The Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You acknowledge and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You acknowledge that the Company may or may not pre-screen the Content, but that the Company shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, or remove any Content that is available on the Website. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates the TOS or is otherwise 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. In this regard, you acknowledge that you may not rely on any Content created by or submitted to the Company.

5.         Use of Content on the Website

By entering into the TOS and uploading, sending or otherwise making available your Content to the Website, you are directing and authorizing the Company to, and granting the Company a royalty-free, non-exclusive right and license to, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, facilitate the sale or rental of copies of, analyze, and create algorithms based on the Content in order to (i) host the Content on the Company’s servers, (ii) index the Content, (iii) display, perform and distribute the Content, in whole or in part, in connection with Company’s products and services now existing or hereafter developed and (iv) use limited excerpts from your Content for advertising or promotional purposes. This license gives the Company the right to display your Content via streaming and/or downloading technologies, and to display your Content for no fee to the end user. Notwithstanding the foregoing, the Company is not required to host, index, or display any Content uploaded or otherwise provided to the Company, and may remove or refuse to host, index or display any Content. The Company is not responsible for any loss, theft, intellectual property infringement or damage of any kind to the Content. You also grant each user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under the TOS. The above licenses granted by you in the Content are perpetual and irrevocable.

6.         Your Content and Conduct

A.         As an account holder you may submit Content. You understand that whether or not such Content is published, the Company does not guaranty any confidentiality with respect to the Content.

B.         You shall be solely responsible for your own Content and the consequences of posting or publishing them. In connection with the submission of your Content, you represent and warrant to the Company that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Content to enable inclusion and use of the Content in the manner contemplated by the Website and this TOS.

C.         The Company does not endorse any Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with the Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Company will remove all Content if properly notified in writing that such Content infringes on another's intellectual property rights. The Company reserves the right to remove Content without prior notice in its sole discretion.

7.         Termination of Account and Access

The Company may terminate any user’s account and access to the Website if the Company determines that such user has violated the TOS.

8.         Privacy Policy

As a condition of downloading, using or visiting this Website, you agree to the terms of the Company Privacy Policy, which may be updated from time to time and without notice. Information collected by the Company may be stored and processed in the United States or any other country in which the Company or its agents maintain facilities. Accordingly, you consent to any transfer of such information outside of your country. You acknowledge and agree that the Company may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or valid governmental request, (b) enforce the TOS, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of the Company, its users or the public as required or permitted by applicable law. The Company will not be responsible or liable for the exercise or non-exercise of rights under the TOS.

8.         Indemnity

You agree to indemnify and hold the Company harmless and its subsidiaries, affiliates, officers, directors, agents, employees and attorneys from and against any claim, suit or action arising from or in any way related to your use of the Website or your use of Content including, but not limited to, any unauthorized copying or distribution of such Content, or arising from or in any way related to your violation of the TOS, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Company will provide you with written notice of such claim, suit or action. This provision will survive the TOS and the use of the Website.

9.         Governing Law and Consent to Jurisdiction

The Website shall be deemed solely based in Connecticut. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the State of Connecticut. The TOS and the relationship between you and the Company shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You agree that any suit, action or other legal proceeding arising out of the TOS may be brought in the courts of record of the State of Connecticut or the courts of the United States located in Connecticut. You expressly submit and consent in advance to such jurisdiction in any action or proceeding.

10.        No Third Party Beneficiary

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries.

11.        Proprietary Rights

A.         You acknowledge and agree that the Website and any necessary software used in connection with the Website (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in sponsor advertisements or information presented to you through the Website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.

B.         The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.

12.        Digital Millennium Copyright Act

A.         If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's designated Copyright Agent to receive notifications of claimed infringement is: Riceboy Media LLC, at 15 Putnam Avenue, #3260, Greenwich, Connecticut, 06830; email: copyright@riceboytv.com; fax: 310-549-2312. You acknowledge that if you fail to comply with all of the requirements of this Section 11(A), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts of the United States located in Connecticut, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, The Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.

13.        Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTY, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14.        Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15.        Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

16.        Ability to Accept Terms of Service

You represent that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the TOS, and to abide by and comply with the TOS. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

17.        Assignment

The TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction or limitation.

18.        General

You agree that:

The TOS, together with the Privacy Notice and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of the TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS, which shall remain in full force and effect.

No waiver of any term of this the TOS shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under the TOS shall not constitute a waiver of such right or provision.

The Company reserves the right to amend the TOS at any time and without notice, and it is your responsibility to review the TOS for any changes. Your use of the Website following any amendment of the TOS will signify your assent to and acceptance of its revised terms.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The section headings for the TOS are for convenience only and have no legal or contractual effect.

The TOS sets forth the entire understanding and agreement between you and the Company with the respect to the subject matter herein.

The provisions of Sections 5, 6, 8, 9, 10, 11, 13 and 14 will survive any expiration or termination of the TOS.