RedSource Interactive Terms of Use

Thank you for your interest in REDSOURCE INTERACTIVE! We are delighted that you have visited our website. This User Agreement (“Agreement”), and the REDSOURCE INTERACTIVE Privacy Policy found at http://www.redsourceinteractive.com/privacyPolicy.jsp and incorporated here by reference, contain the terms and conditions that apply to your use of all content and functionality available through the domain name and/or co-branded websites REDSOURCE INTERACTIVE may operate or host from its servers (collectively referred to herein as the “Site”), including but not limited to all services available through the Site (the “Services”).

If you have purchased a Corporate Membership on behalf of a company that you represent (“Your Company”), then you agree to bind both yourself as an individual, and Your Company, to all of the terms of this Agreement, and you represent and warrant that you are authorized by Your Company to bind Your Company to this Agreement.

In connection with accessing certain Services on the Site, you may be asked to consent to additional terms and conditions applicable to such Services (“Service-Specific Agreements”). When you consent to a Service-Specific Agreement, the terms of the Service Specific Agreement are incorporated by reference into the Agreement. If there is any inconsistency between the terms of a Service-Specific Agreement and this Agreement, the terms of the Service-Specific Agreement control with respect to the applicable Service only.

This Agreement for the use of our Services and our Site may be modified from time to time. While REDSOURCE INTERACTIVE will make every effort to advise you of any changes, you are advised to periodically visit our website to review any changes to this Agreement that may be posted there. REDSOURCE INTERACTIVE immediately to discuss the impact of these changes to your membership and to determine whether cancellation of your membership would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel your membership. You agree that if you continue to access and use the Site, your continued access and use constitutes your acceptance of any changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

The Site may contain links to third party websites that are not owned or controlled by REDSOURCE INTERACTIVE. REDSOURCE INTERACTIVE assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, REDSOURCE INTERACTIVE will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve REDSOURCE INTERACTIVE from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

In the event that you do not agree with the terms and conditions of this Agreement, do not continue to use this Site and do not complete the registration process. Instead, please contact REDSOURCE INTERACTIVE at [email protected] and an REDSOURCE INTERACTIVE representative will be happy to discuss your concerns.

1. Registration

We require you to register to access and use the certain Services. In this registration process, you may choose a member name (“Member Name”) and a password. Your Member Name will be used to identify you on REDSOURCE INTERACTIVE. You may not have more than one account or Member Name, and only one email address for your use of any Service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; otherwise, if that is not true, we have the option of suspending your account with REDSOURCE INTERACTIVE.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify REDSOURCE INTERACTIVE immediately at [email protected] of any unauthorized use of your account or any other breach of security you learn about. Although REDSOURCE INTERACTIVE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of REDSOURCE INTERACTIVE or others due to such unauthorized use.

To protect your privacy and the privacy of others, REDSOURCE INTERACTIVE uses Member Names to identify participants. You must adopt a Member Name to ask or answer questions or otherwise post content on the Site. We keep your email address and other private information confidential in accordance with the terms of our Privacy Policy. You should refrain from using identifiers in choosing your Member Name and in your postings that would compromise your privacy, such as your email address, URLs, full name, street address, telephone or fax numbers, and place of employment.

2. Email communication

You must provide your electronic mail (“email”) address when registering to access any Service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted receives a comment or a proposed solution.) We also use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of REDSOURCE INTERACTIVE. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, (ii) after you register by going to your Member Profile page, or (iii) by clicking on the “unsubscribe” link on newsletters and updates.

For more information regarding REDSOURCE INTERACTIVE’S protection of your information, please consult REDSOURCE INTERACTIVE’S Privacy Policy found at http://www.redsourceinteractive.com/privacyPolicy.jsp.

3. Free trial offer

REDSOURCE INTERACTIVE FREE TRIAL OFFER. To take advantage of our FREE TRIAL OFFER, you need only take a few moments for the registration process. First, review and agree to our terms and conditions for membership; next select the type of program you are looking for; and finally, provide us with the necessary financial information for that program. Once that is done you are ready to started enjoying the rewarding world of REDSOURCE INTERACTIVE. Our FREE TRIALS are limited in duration and of course only one (1) FREE TRIAL per customer. At the end of your FREE TRIAL if you are satisfied with our service and we are certain you will be, you need do nothing further. The credit card that you have provided for the FREE TRIAL OFFER enables us to continue your membership with REDSOURCE INTERACTIVE for as long as you wish. You may cancel at any time. A valid credit card is required to take advantage of the FREE TRIAL OFFER. While your credit card will not be billed for the FREE TRIAL OFFER, we will seek authorization from your credit card company to insure that your card is valid. We receive no money from this initial authorization transaction, even if your bank or credit card company temporarily holds the funds in your account. “FREE TRIAL days” are computed on the basis of calendar days measured from Midnight to Midnight Pacific Standard Time. Once you have completed the FREE TRIAL OFFER and become a member of REDSOURCE INTERACTIVE, your credit card will only be billed for the specific plan that you have selected. If you cancel prior to the end of the FREE TRIAL period, no charges will be incurred.

4. Use of the site: permissions and restrictions

REDSOURCE INTERACTIVE hereby grants you permission to access and use the Site and Services, as set forth in this Agreement, subject to the following restrictions (the “Code of Conduct”):

  • REDSOURCE INTERACTIVE Services and Site are only available for use by individuals who are age 13 or over.
  • The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
  • REDSOURCE INTERACTIVE Services and Site may be used only for lawful purposes. You may not use the site to abuse other members or to be involved in conduct that REDSOURCE INTERACTIVE finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the REDSOURCE INTERACTIVE Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
  • You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
  • You shall not engage in any of the following activities, which are strictly prohibited under this Agreement:
    • Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
    • Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party’s privacy or publicity rights.
    • Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of REDSOURCE INTERACTIVE, inappropriate for the REDSOURCE INTERACTIVE membership.
    • Impersonating any person or using a name that you are not authorized to use.
    • Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, serial numbers of products for which you do not have a registered license.
    • Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
    • Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
    • Soliciting individuals to join other services comparable to or competitive with REDSOURCE INTERACTIVE.
    • Posting links in open questions or in personal profiles that lead to a competitor’s site.
    • Promoting any products or services that are unlawful at the location at which the content is posted or received.
    • Posting any content that infringes any third party’s intellectual property rights or violates any confidentiality agreements or contracts of employment.
    • Posting, transmitting or linking to statements that are intentionally false or misleading.
    • Introducing viruses, worms, harmful codes or Trojan horses. Spamming, flaming or other similar activities, such as arguments between any one in a question.
    • Misusing the REDSOURCE INTERACTIVE point system.
    • Violating the guidelines for academic honesty or other unethical behavior; helping a student with a project is allowable, but not doing it for them.
    • Violating system and network security.
    • Misusing system resources, including but not limited to, employing posts or programs which consume excessive CPU time or storage space, or permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account.
    • Altering or modifying the Site or Services without the express written permission of REDSOURCE INTERACTIVE.
    • Making commercial use of the Site or Services, such as by selling access to the Site or Services, without the express written permission of REDSOURCE INTERACTIVE.

If you notice a problem with other members not following the Code of Conduct, please notify us by contacting Community Support at [email protected] REDSOURCE INTERACTIVE reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If REDSOURCE INTERACTIVE believes that a violation of this Code of Conduct has occurred, REDSOURCE INTERACTIVE has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to REDSOURCE INTERACTIVE Service. If your membership is terminated due to a violation of the Code of Conduct, REDSOURCE INTERACTIVE shall have no obligation to refund to you any unused portion of your membership fee.

REDSOURCE INTERACTIVE reserves the right to discontinue any aspect of the REDSOURCE INTERACTIVE Site or Services at any time.

5. Content license

REDSOURCE INTERACTIVE enables Members to post problems or questions, proposed solutions or answers, information, comments and other content (“Your Content”) to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site with or without attribution.

You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by REDSOURCE INTERACTIVE and its affiliates will not infringe upon or violate the rights of any third party. Before you use REDSOURCE INTERACTIVE Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

By registering with REDSOURCE INTERACTIVE and posting Your Content on the Site, you hereby: (i) grant REDSOURCE INTERACTIVE a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed; (ii) grant REDSOURCE INTERACTIVE and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution; (iii) authorize REDSOURCE INTERACTIVE to assert and prosecute claims against any third-party making any unauthorized use of Your Content, including any use that violates this User Agreement (“Third-Party Claims); and (iv) appoint REDSOURCE INTERACTIVE as your attorney-in-fact for the purpose of asserting and prosecuting Third-Party Claims. If you do not wish to have Your Content attributed to you, then you must notify REDSOURCE INTERACTIVE at [email protected]

6. REDSOURCE INTERACTIVE’S property rights

The layout, design, concept and organization of the REDSOURCE INTERACTIVE Site and Services are subject to REDSOURCE INTERACTIVE’S patents, copyrights and other intellectual property rights. All rights are reserved.

You acknowledge and agree that REDSOURCE INTERACTIVE owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the REDSOURCE INTERACTIVE Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from REDSOURCE INTERACTIVE before you copy, upload, transmit, reproduce, distribute or in any way exploit any REDSOURCE INTERACTIVE Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the REDSOURCE INTERACTIVE Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services for so long as REDSOURCE INTERACTIVE owns the intellectual property rights to this Site. This Agreement does not constitute a license to use REDSOURCE INTERACTIVE’S trade names, service marks or any other trade insignia. Any use of REDSOURCE INTERACTIVE’S trade names, services marks or any other trade insignia shall be subject to REDSOURCE INTERACTIVE’S prior written consent.

7. Agent for notification of claimed infringement

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, REDSOURCE INTERACTIVE has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent Daniella Gammon at REDSOURCE INTERACTIVE at 2701 McMillan Avenue STE150, San Luis Obispo, CA, 93401, at [email protected]

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

8. Disclaimers of warranty

Other than providing a framework in which Members post problems or ask questions and self-appointed Experts provide answers and/or comments, REDSOURCE INTERACTIVE does not review or verify the content of postings at its Site. The Experts who participate at REDSOURCE INTERACTIVE have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which, other than the financial information contained therein, has not been reviewed or verified by us. You may review each Member’s information including their profile, a list of questions answered and grades received, by clicking on their Member Name.

You understand that when using the REDSOURCE INTERACTIVE Site, you will be exposed to user submissions from a variety of sources, and that REDSOURCE INTERACTIVE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand that users may upload files containing bugs, viruses, Trojan horses, or the like, that if you elect to download any file, you and not REDSOURCE INTERACTIVE, are responsible for taking necessary precautions to avoid any harm from such files. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against REDSOURCE INTERACTIVE with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.

YOU EXPRESSLY AGREE THAT USE OF REDSOURCE INTERACTIVE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

REDSOURCE INTERACTIVE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR WITH THE SERVICES. REDSOURCE INTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

REDSOURCE INTERACTIVE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. REDSOURCE INTERACTIVE DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES REDSOURCE INTERACTIVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USED OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. Limitation on liability

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL REDSOURCE INTERACTIVE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES (“REDSOURCE INTERACTIVE, LLC AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE SERVICES; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (IV) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF REDSOURCE INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole and exclusive remedy with respect to the use of any Services provided by REDSOURCE INTERACTIVE shall be to discontinue of your membership upon the expiration of the current term of your membership. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.

10. Indemnification

REDSOURCE INTERACTIVE provides its Services and Site to Members on the understanding that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless REDSOURCE INTERACTIVE, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys’ and experts’ fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party’s patent, copyright or other intellectual property rights or violates any third party’s rights of privacy or publicity; and (vi) any third party’s access or use of Your Content or your information and data. REDSOURCE INTERACTIVE reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of REDSOURCE INTERACTIVE, which shall not be unreasonably withheld.

11. Point system, payment and services features

Points are used as “currency” in the REDSOURCE INTERACTIVE Knowledge Community. It is your responsibility to check your account regularly to ensure your account balance is accurate. Members use question points (“Question Points”) to post questions at the Site, or to purchase Validated Solutions (also known as “Previously Asked Questions” or “PAQs”). Question Points have no cash redemption value.

Experts who participate at the site earn expert points (“Expert Points.”) Expert Points do not have monetary value and are not redeemable for cash, goods or services. Occasionally, REDSOURCE INTERACTIVE may run promotions or contests where REDSOURCE INTERACTIVE uses the accumulation of Expert Points by each Expert for the purpose of scorekeeping. REDSOURCE INTERACTIVE reserves the right to establish a monetary value for Expert Points at its sole discretion. For further information, please contact Customer Service at [email protected]

If you register for Services, these Services are for the registered user ONLY and may not be shared or features transferred to others. Unless otherwise stated, all fees are quoted in U.S. Dollars. A credit card is required for all pay-for Services. If you have set up a pay-for Service account, your credit card will be charged in the manner as set forth in the page describing the Service you purchased (the “Service Features Page”), at the then current rate, until you notify us of your desire to cancel your subscription. Your subscription will renew automatically. Upon confirmation of payment to REDSOURCE INTERACTIVE, you will receive the benefits and features as set forth in the descriptions at the applicable Service Features Page.

If your credit card number changes or if you wish to change the credit card to which you are billed, please update your profile to ensure that your access to the pay-for Services is uninterrupted. We will attempt to notify you via email if we are unable to process your payments, but if we are unable to contact you; your account will be suspended until you provide a valid form of payment. At this point, you will not have access to the pay-for Services features. If you have any further questions, please contact Customer Service at [email protected]

To cancel your REDSOURCE INTERACTIVE pay-for Services, please go to the My Account page and follow the directions of the online cancellation process. You may also send an email to [email protected] with a brief description of why you wish to cancel. Cancellations are processed upon receipt of the request form. When your subscription is cancelled you will receive a confirmation email of the cancellation. If you do not receive this confirmation email please contact us at [email protected] Cancellations will not be effective until the end of the current billing cycle. Cancellations must be received before the first day of a new billing cycle in order to take effect for that billing cycle. We will not prorate for partial term usage, for non-usage of the Services while you are an active Member, or for any other reason.

If you are registered for the REDSOURCE INTERACTIVE Limited Service, REDSOURCE INTERACTIVE reserves the right to modify the number of Question Points it provides, to discontinue the provision of free Question Points, or to establish a monetary value for Question Points. REDSOURCE INTERACTIVE reserves the right to retire Limited Service accounts at any time and for any reason. Once an inactive account has been retired, the point balances will be set to zero and the history of that account will be deleted after a period of time.

If you are an individual who needs more Question Points, please refer to our Buy Points page, to evaluate the alternatives available to you. If you have any further questions, please contact Customer Service at [email protected] to determine other options, or if you have questions about your account balance.

12. Term, termination

This Agreement shall be effective for as long as you use access the Site or the Services.

Either you or REDSOURCE INTERACTIVE may terminate your Membership without cause, and without notice at the end of the billing cycle applicable to you Membership. REDSOURCE INTERACTIVE may terminate your Membership immediately if, based on REDSOURCE INTERACTIVE’S sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of REDSOURCE INTERACTIVE Services or Site, (ii) infringing or violating any intellectual property right of REDSOURCE INTERACTIVE or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third party.

The termination of your Membership shall terminate your access to any Services for which registration is required. Neither REDSOURCE INTERACTIVE nor any affiliate of REDSOURCE INTERACTIVE shall be liable to you or to any third party for termination of the Services for any reason. If your Membership is terminated for cause, you SHALL NOT receive any refund for any unused portion of your Membership.

Upon termination of this Agreement, the perpetual license you have granted to REDSOURCE INTERACTIVE shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

13. Assignment

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of REDSOURCE INTERACTIVE, and in purported assignment in violation of this provision is void. REDSOURCE INTERACTIVE’S rights under this Agreement are fully assignable without prior notice to you.

14. Severability

If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Applicable law and jurisdiction

This Site (excluding links) is controlled and operated from the REDSOURCE INTERACTIVE offices in San Luis Obispo, California USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of California and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of California and the United States of America. The federal courts of the State of California located in San Francisco, California USA and the state courts located in San Luis Obispo, California USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide REDSOURCE INTERACTIVE in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.

16. Notices

Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at [email protected], and to you at the email address you provide REDSOURCE INTERACTIVE during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.