Terms of Use

1. Introduction


By entering rivaltheory.com, or any other Web site owned or operated by Rival Theory, Inc. or its affiliates that posts this Terms of Use (collectively the term “Rival Theory”), you are accepting and agreeing to the Terms of Use described below (except to the extent any such Web site may post a different terms of use policy applicable to it), and your use of the such Web Sites (collectively the “Rival Theory Web Sites”) is subject, at all times, to the Terms of Use below. Rival Theory reserves the right to discontinue or modify any Rival Theory Web Site and the Terms of Use at any time without prior notice. These changes are effective when posted. You are responsible for reviewing these Terms of Use and your access and/or use of any Rival Theory Web Site constitutes acceptance of the Terms of Use herein.

2. License to use the Rival Theory Web Sites


In connection with your use of the Rival Theory Web Sites, and subject to any restrictions of its licensors, Rival Theory grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Rival Theory Web Sites and the materials thereon provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation of any Rival Theory Web Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Use.

3. Submissions Policy


Rival Theory does accept ideas, artwork, characters, stories, or any other creative work or concepts (the “Creative Materials”) that are voluntarily submitted to us. If you would like to send Creative Materials to us, please contact media@rivaltheory.com. By submitting any Creative Materials to Rival Theory, you automatically grant (or warrant that the owner of such rights has expressly granted) Rival Theory a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Creative Materials into any form, medium, or technology now known or later developed, and agree that Rival Theory shall be entitled to unrestricted use of the Creative Material for any purpose whatsoever, commercial or otherwise, without compensation unless otherwise stated.

4. Ownership


All title, ownership, and intellectual property rights in and to the Rival Theory Web Sites (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Rival Theory and/or Rival Theory’s Licensor(s). Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any articles, opinions, photographs, images, video, audio, advertising, trademarks, service marks, logos, trade names, computer code or any other intellectual property (collectively the “Materials”) from a Rival Theory Web Site without the prior written permission of the owner of the property. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Rival Theory’s (and/or its licensor(s)’) copyrights and other proprietary rights. Use of the Materials on any other Web site or other networked computer environment is prohibited without prior written permission from Rival Theory.

5. Bulletin Boards/Postings


The Rival Theory Web Sites may include message boards/blogs/forums/wiki (the “Message Boards”) which allow visitors to interact with each other by posting messages and/or other content (“Content”). By posting or uploading Content to any Message Board or submitting any other Content to Rival Theory, you automatically grant (or warrant that the owner of such rights has expressly granted) Rival Theory a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed, and agree that Rival Theory shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s rights, including, without limitation, any so-called “moral rights”.

Rival Theory will have no responsibility to monitor the Message Boards or any Content posted thereon. However, Rival Theory reserves the right to remove, edit or delete content that Rival Theory, in its sole discretion, determines to be unsuitable for the Message Boards. Each Message Board participant is responsible or liable for any material he or she posts on the Message Board, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Message Boards (the “Content”).

Listed below are some, though not all, violations that may result in Rival Theory terminating or suspending your access to a Message Board. You understand that the uploading to and/or posting of any Content in any Message Board shall not be subject to any obligation of confidence on the part of Rival Theory, and Rival Theory shall not be liable for any use or disclosure of any Content. You agree not to do any of the following actions while using any Message Board:
  • Transmit any Content in any Message Board that Rival Theory considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
  • Harass, threaten, embarrass or cause distress or discomfort upon another Message Board participant, user, or other individual or entity; Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
  • Post or transmit any advertising, promotional materials, or any other forms of solicitation in the Message Boards;
  • Disrupt the normal flow of dialogue in a Rival Theory chat room or otherwise act in a manner that negatively affects other participants;
  • Impersonate in any Message Board any person, including but not limited to, an Rival Theory official, chat or message board leader, guide or host;
  • Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing any Message Board; and
  • Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.


You agree to indemnify Rival Theory for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Message Board or you fail to comply with these Terms of Use. Without limiting Rival Theory’s rights set forth above, Rival Theory reserves the rights to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person’s rights of privacy or publicity or is otherwise unacceptable.

6. Links


When accessing or using the Rival Theory Web Sites, you may be directed to other Web sites that are not affiliated with Rival Theory (the “Unaffiliated Sites”). Rival Theory is not a sponsor of, does not endorse, and is not responsible for the content or availability of any activity or content that takes place on an Unaffiliated Site. Your access of the Unaffiliated Sites is at your own risk.

7. Registration


Certain areas of Rival Theory Web Sites may require you to register or provide information in order to access or participate in such areas. All such requirements to provide information are subject to both these Terms of Use and any privacy policies posted on such Rival Theory Web Sites. You have the option of providing registration information or not. However, should you choose not provide the information, your access to the Rival Theory Web Sites may be limited. If you do decide to provide us with the requested registration information, you agree to provide only true, current and accurate information. To learn more about how Rival Theory is committed to protecting your privacy please read our Privacy Policy.

8. Downloads


You may download one (1) copy of those Materials contained on the Rival Theory Web Sites expressly designed for download, provided that you may use such downloaded Materials solely for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials, unless otherwise stated in the corresponding End User License Agreement. You may not, however, distribute, modify, transmit, reuse, re-post, or use any Rival Theory Web Site materials for public or commercial purposes, including the text, images, audio, and video without Rival Theory’s written permission. Rival Theory makes available to you certain software that may be downloaded from the Rival Theory Web Sites. Should you download software from a Rival Theory Web Site, the software, including any images, files, or other material incorporated into or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Rival Theory on a non-exclusive and revocable basis. In no event does Rival Theory transfer title to the Software to you. Rival Theory retains full and complete title to the Software, and all intellectual property rights attached thereto. You may not sell, reproduce, redistribute, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Before downloading any Software from a Rival Theory Web Site, you will need to accept and comply the corresponding End User License Agreement associated with the Software.

9. Violations/Termination


Rival Theory, in its sole discretion, may determine your compliance with these Terms of use. Rival Theory reserves the right to prevent or limit your access to the Rival Theory Web Sites for any violation of these Terms of Use and may refer your activity to law enforcement authorities in its sole discretion. Upon termination, you must discontinue your use of and destroy any Materials or related Materials obtained from the Rival Theory Web Sites.

10. Indemnification


You agree to indemnify, defend and hold Rival Theory and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by an Indemnified Party in connection with any breach by you of the Terms of Use. Rival Theory reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Rival Theory’s defense of such claim.

11. Disclaimer of Warranty and Limitation on Liability


THE RIVAL THEORY WEB SITES, THE MATERIALS AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, AND RIVAL THEORY EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING THERETO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RIVAL THEORY DOES NOT WARRANT OR REPRESENT THAT THE RIVAL THEORY WEB SITES, MESSAGE BOARDS OR SOFTWARE WILL BE AVAILABLE, ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OR THAT ANY DEFECTS THAT MAY BE CONTAINED THEREIN WILL BE CORRECTED. IN NO INSTANCE WILL RIVAL THEORY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RIVAL THEORY WEB SITES, THE MATERIALS, OR SOFTWARE, EVEN IF RIVAL THEORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR DISCLAIMERS, IN WHICH CASE SOME OF THESE WARRANTIES AND/OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.

12. Copyright Notice


If you believe that any Content appearing on the Rival Theory Web Sites has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: • Your name, address, telephone number, and email address; • A description of the copyrighted work that you claim has been infringed; • The exact URL or a description of where the alleged infringing material is located; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Attn: Rival Theory Business and Legal Affairs E-Mail: legal@rivaltheory.com

13. General


The Rival Theory Web Sites are operated by Rival Theory, Inc. and its affiliates, from its offices in the State of New Mexico in the United States of America. Rival Theory does not represent that the Rival Theory Web Sites are appropriate for use in other locations. Those who choose to access the Rival Theory Web Sites from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and not the extent local laws are applicable. These Terms of Use are governed by the laws of the State of New Mexico, without giving effect to any principles of conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of New Mexico. Any action you, any third party, or Rival Theory brings to enforce these Terms of Use or in connection with any matters relating to the Rival Theory Web Sites shall be brought in either the state or federal courts located in Bernalillo County, New Mexico, and you expressly consent to the jurisdiction of said courts. If any provision of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement and understanding between you and Rival Theory, and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.
Updated October 15, 2013