Terms of service

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.RISCCON.COM WEBSITE OR RELATED SERVICES.

Welcome to RISCCON.com, operated by RISCCON, LLC ("RISCCON", "we" or "us"). By using the services offered on or through www.RISCCON.com (the "RISCCON Site") you are agreeing to the terms and conditions set forth below (the "Terms of Service" or "TOS"). We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. You can always check out the most current version of these Terms of Service at this page. You can determine when these Terms of Service was last revised by referring to the bottom of the page for the latest date update.

In addition to these Terms of Service, your use of the RISCCON Site and/or Services is governed by our Privacy Policy. You agree to RISCCON's collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using particular Services (as defined below), you will be subject to any posted terms or guidelines applicable to such services, and any other terms or conditions applicable to Services provided by or in conjunction with any of RISCCON's content and service partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Service.

If you do not understand and agree to these Terms of Service, please do not use the RISCCON Site or any Services (as defined below). If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Service.

Overview

The RISCCON Site offers a multi-purpose service, with both Free and Paid content available. You may surf the site at anytime and review, view, submit and enjoy the content. The content that is uploaded on the RISCCON site is not always generated by RISCCON or its subsidiaries but by individuals. RISCCON assumes no liability or responsibilities for the content of video, comments, messages or information that individuals submit. If you feel that some content is inappropriate for users of all ages on this site, please notify RISCCON immediately through email with information regarding such a posting.

Services may be offered by RISCCON itself, or by a third party partner/service provider. Certain Services may be customized to your individual needs or your businesses needs and a proposal will be available to you for custom services upon request. Unless otherwise stated, these Terms of Service apply to all Services.

Use of the Services

You may access the RISCCON Site and use the Services for non-commercial purposes only. Use of the Services is void where prohibited. By accessing or otherwise using the RISCCON Site and/or Services, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. We reserve the right, at any time, to: (a) modify or discontinue some or all of the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted and (iii) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these TOS will constitute your acceptance of such changes.

Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, RISCCON grants you a revocable, non-transferable, non-exclusive and non-sub licensable limited right and license to view, use and access the Services to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by RISCCON for such purposes on the RISCCON Site, solely for your informational purposes and for your immediate, private and non-commercial use; and (b) make purchases of goods and services through links found on or through the Services. At all times you must retain all RISCCON or third party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by RISCCON, LLC and RISCCON, LLC disclaims any and all implied licenses.

Certain services are Fee based, you agree that once purchasing a product or service from RISCCON there is NO REFUND, many if not all of the services that are offered for sale are customized for businesses, regions or other areas and many times immediately upon purchase, these services begin their process. No Refunds can be given at any time due to the nature of the product/service you have purchased. If you have any questions regarding a purchase of product or service we recommend that you contact RISCCON immediately to discuss prior to the purchase.

If you elect to purchase the Services and utilize the RISCCON Site and/or participate in any RISCCON promotions, you agree to: (a) provide true, accurate, current and complete information about yourself or your company as prompted by RISCCON. If you provide any information that is untrue, inaccurate, or incomplete, or RISCCON has reasonable grounds to suspect that such is the case, RISCCON has the right to discontinue the service immediately and NO REFUND shall be given.

In addition to any other Registration Data, to register on the RISCCON Site you will be required

Newsletter

When you register for a RISCCON Newsletter, you have opted in to received information through electronic format, emails about RISCCON, promotions, news, events and third party communications. You may opt out at any time by contacting us. We do not sell your information or email address to any company at any time, only RISCCON and its affiliates have the ability to contact you through the opt in function.

RISCCON's Privacy Policy

Pursuant to RISCCON's Privacy Policy, we may disclose to third parties certain information contained or related data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Service. For more information, please see our full Privacy Policy.

Video Uploads

Currently ALL videos are embedded on the RISCCON site which means you must first upload your video to a video site. Once that has occurred you may send the embedded link to RISCCON and the video will be reviewed to assure its appropriate content for the RISCCON site and complies with our policies. The video will then be embedded in the correct location for viewing, if at any time you would like to have the video removed, you must send a written request or email to info@risccon.com to have the video removed.

Waiver; Representations & Warranties

By uploading or otherwise submitting a video or Submission, you waive the right to make any claim against RISCCON, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the video or Submission, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called "droits morales" and any right of attribution you may have in any materials uploaded or sent to us by you.

You represent and warrant that your video or Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for RISCCON, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your video or Submission by means of the Services in order to keep that information true, accurate, current and complete, as necessary.

You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize RISCCON to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your video or Submission to enable inclusion and use of the video or Submission in the manner contemplated by this TOS; and (ii) you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the video or Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the video or Submission in the manner contemplated by these Terms of Service.

RISCCON 18 U.S.C. §2257 Compliance Notice

All pictures, graphics, videos or other visual media displayed on the RISCCON Site are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

The owners and operators of the RISCCON Site and Services are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the RISCCON Site.

The Services and certain Submissions may contain, and other users or third parties may provide, advertisements for or links to other World Wide Web sites or resources. These sites and resources are not controlled by RISCCON, and the mere existence of the link on the RISCCON Site does not imply an endorsement or sponsorship by RISCCON. External Web sites and resources are not subject to these Terms and Conditions or the RISCCON Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because RISCCON has no control over such sites and resources, you acknowledge and agree that RISCCON is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Submission, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RISCCON shall 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 Submission, goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk.

Disclaimer

RISCCON and its service providers utilize diligent efforts to maintain the Services, but RISCCON and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

Please Note The Following Important Disclaimers Of Warranties:

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. RISCCON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.

WITHOUT LIMITATION, RISCCON MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING EMAILS, SUBMISSIONS, CONTENT OR OTHER MATERIALS OR COMMUNICATIONS SENT VIA THE SERVICES, IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.??FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM RISCCON PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RISCCON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RISCCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE RISCCON SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE RISCCON SITE. IN NO EVENT SHALL RISCCON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE RISCCON SITE.

You acknowledge and agree that RISCCON and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by RISCCON. You acknowledge and agree that RISCCON and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the RISCCON Site or any third party licensors or suppliers of RISCCON.

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 MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

Intellectual Property

You acknowledge that the RISCCON Site and Services contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All RISCCON-generated Content and Content provided to RISCCON by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, RISCCON owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the RISCCON Site as a whole. Subject to your compliance with the TOS, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Service. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by the RISCCON Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Services, including the RISCCON Site, the Content or the Software.

The RISCCON name and logo(s) are the exclusive property of RISCCON, LLC. or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Third Party Intellectual Property; Copyright Notifications

RISCCON respects the intellectual property of others, and we ask our users to do the same. RISCCON may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. RISCCON will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. Our DMCA Notifications and Counter-Notifications process is available here, and is hereby incorporated by reference into these Terms of Service.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RISCCON's Copyright Agent with a written notification containing all of the requisite information.

Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide the RISCCON's Copyright Agent with a written counter-notification containing all of the requisite information.

These Terms of Service are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without RISCCON's prior written consent.

Last Updated: April 15, 2010