When you choose to use this web service (the “SERVICE”), you are agreeing to all of the terms and conditions of this Agreement between you and RSL Communications, Inc.

 

RSL Communications, Inc. may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. RSL Communications, Inc. may change, suspend or discontinue any aspect of the SERVICE at any time, including the availability of any SERVICE feature, database, or content. RSL Communications, Inc. may also impose limits on certain features and SERVICES, or restrict your access to parts or all of the SERVICE without notice or liability.

2. CONTENT

The contents of the SERVICE are intended for commercial/professional use. All of the information published on the SERVICE (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by RSL Communications, Inc. or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the SERVICE.

The SERVICE and its Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the SERVICE in whole or in part. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from RSL Communications, Inc.

3. SUBMISSIONS

You are solely responsible for the content of any submission you make to the SERVICE. RSL Communications, Inc. reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

You acknowledge that any submissions you make to the SERVICE may be edited, removed, modified, published, transmitted, and displayed by RSL Communications, Inc. and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

By submitting information to the SERVICE, you hereby grant to RSL Communications, Inc., its affiliates and related entities (collectively, RSL Communications, Inc.) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such SERVICE in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold RSL Communications, Inc. harmless for any liability arising due to the use or distribution of that SERVICE. You further grant RSL Communications, Inc. the right to use your name in connection with the reproduction or distribution of such material. RSL Communications, Inc., its affiliates and related entities do not accept unsolicited SERVICE or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the SERVICE. The SERVICE, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to SERVICE or ideas transmitted to the SERVICE.

You must be at least eighteen (18) years old to register for the SERVICE. In consideration of use of the SERVICE, You agree to: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you (“Registration Data”) is untrue, inaccurate, not current, or incomplete, RSL Communications, Inc. has the right to terminate your account and refuse any and all current or future use of the SERVICE.

4. USE OF REGISTRATION DATA

You agree that any registration data you provide may be shared with select third party firms (“Partner”), unless you state a preference not to be contacted. RSL Communications, Inc. shall inform Partner if you state a preference not to be contacted. However, RSL Communications, Inc. shall not be responsible or liable if Partner contacts you, permits a third party to contact you, or provides or discloses Your Registration Data to any third party.

You agree that RSL Communications, Inc., Partner, or a designee of RSL Communications, Inc. or Partner may disclose Registration Data to third parties about you and information about Your use of the SERVICE, provided that such disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) you have registered to receive any third party products or services, or have otherwise authorized RSL Communications, Inc. and/or Partner to disclose such information; (b) such disclosure is required by law or legal process.

This Agreement includes the terms and conditions of the RSL Communications, Inc. Privacy Policy, a copy of which is located at http://brandbase.com and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

5. LINKS

RSL Communications, Inc. contains links to other related World Wide Web Internet sites, resources, and sponsors of RSL Communications, Inc. Since RSL Communications, Inc. is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

6. REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant (a) that no Service of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless RSL Communications, Inc., and all officers, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. RSL Communications, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

You expressly agree that use of the SERVICE is at your own risk. Neither the SERVICE, RSL Communications, Inc. nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the SERVICE, the content or the results that may be obtained form use of the SERVICE. The SERVICE is provided on an “as is” basis and the SERVICE and RSL Communications, Inc. specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.

The SERVICE, RSL Communications, Inc., their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the SERVICE or its content, including, without limitation, losses related to: your use or inability to use the SERVICE; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the SERVICE, RSL Communications, Inc., their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the SERVICE in the 12 months prior to the claimed injury or damage.

RSL Communications, Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the SERVICE by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

7. USERNAME AND PASSWORD

You may receive a password and account designation upon completing the SERVICE registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RSL Communications, Inc. 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. RSL Communications, Inc. cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at RSL Communications, Inc.’s sole discretion, and RSL Communications, Inc. may refer you to appropriate law enforcement agencies.

8. FEES AND PAYMENTS

RSL Communications, Inc. reserves the right at any time to charge fees for access to portions of the SERVICE or the SERVICE as a whole. However, in no event will you be charged for access to the SERVICE unless we obtain your prior agreement to pay such charges. Thus, if at any time RSL Communications, Inc. requires a fee for portions of the SERVICE that are now free, RSL Communications, Inc. will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the “Customer Support” area and in other appropriate locations on the SERVICE. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the SERVICE by RSL Communications, Inc. or by any other vendor or SERVICE provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to the use of the SERVICE through your account.

9. SOFTWARE LICENSES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the SERVICE. You may not sublicense, assign or transfer any licenses granted by RSL Communications, Inc., and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works.

10. TERMINATION

RSL Communications, Inc. may, in its sole discretion, terminate or suspend your access to all or part of the SERVICE for any reason, including, without limitation, breach or assignment of this Agreement.

11. MISCELLANEOUS

This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this Agreement shall only be brought in the federal or state courts located in New York City. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the RSL Communications, Inc. Privacy Policy.

12. COPYRIGHT NOTICE & OTHER MISCELLANEOUS LEGAL NOTICES

Copyright 2005-2014, RSL Communications, Inc. All rights reserved. Copyright in the pages and in the screens displaying the pages, and in the information and materials therein and in their arrangement is owned by RSL Communications unless otherwise indicated.

13. TRADEMARKS

The BrandBASE trademark and logo and all related slogans are trademarks, service marks or registered trademarks of RSL Communications, Inc. RSL Communications may also claim trademark and service mark rights in other marks contained in these pages. All other service marks and products contained herein are the trademarks of their respective owners.

Official correspondence must be sent via postal mail to: RSL Communications, Inc., 241 W. 97th St., Ste. 12N, New York, NY 10025