Terms and Conditions
YOU MUST BE AT LEAST 13 YEARS OLD TO AGREE TO THESE TERMS.
The information and services that are provided on this Website and/or apps and Services in a language other than English or are only provided as a convenience to you when available. All Services to be provided, all obligations of Rapport 24/7 and all communication between the parties with respect to these Terms will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
NOTE: THESE TERMS CONTAIN AN INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND Rapport 24/7 YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED BELOW.
1. Eligibility and Use: You must be at least 13 years old to register as a user, poster, App Users of, access, view or use the Services. By accessing, viewing or using the Website and/or apps or Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 13-years old, and that you are not prohibited by law from using Rapport 24/7 Website and/or apps. You understand that by accessing, viewing or using the Services, you may encounter content that may be deemed offensive or objectionable, which content may or may not be identified as having explicit language, and which in certain circumstances may be due to your interactions with other User, poster, App Users and/or App Agents in the course of accessing, viewing or using the Services. By accepting these Terms you acknowledge and agree not to add content that may be deemed offensive or objectionable, or may be identified as having explicit language.
In addition, certain content and materials available on or through the Services are inappropriate for viewing by minors under the age of 13. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material by minors under the age of 13. You further represent and warrant to us, under penalty of perjury, that you will not provide or permit access or use of the Services, or your Account, by any minors.
YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with other Users, User, poster, App Users and/or App Agents.
2. Accounts: In order to access, view or use the Services, you will be required to establish an account with us (“Account”) by providing certain current, complete, and accurate information about yourself at registration and maintain and update such registration information (“Join Today Data and/or Profile Data”) so that such information remains current, complete and accurate, and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website and/or apps or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Rapport 24/7 may refuse to offer its Services to anyone without the need to give any reason and may change its criteria for Users, User, poster, App Usership and/or App Agents at any time. If any Join Today Data and/or Profile Data that you provide is untrue, inaccurate, not current or incomplete, Rapport 24/7 retains the right to terminate your Account immediately.
By creating an Account you understand that your Account profile and details will appear on our website and/or apps unless marked as “Private”. In creating your App Users Account, you further represent and warrant to us, under penalty of perjury, that your Account information is current, complete and accurate and you will promptly update all information to keep your Account complete and accurate upon any change (such as change of billing address, credit card number or expiration date). You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately upon realization of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create Accounts for quality control, administrative purposes. Such accounts may be publicly viewable.
Upon completion of your Account on the Website and/or apps you fully and totally understand and acknowledge that support representatives may contact you from time to time to keep you interacting with the site and to ensure our users, user, poster, App Users and App Agents are abiding by our terms at all times. We do not hold any liability for misinterpretation and you as a user, poster, App Users take full responsibility for interaction that takes place between yourself and others on Rapport 24/7
From time to time we may include an estimation regarding the number of User, poster, App Users on the Rapport 24/7 network of website and/or apps. Any such estimation will include all Accounts (both User, poster, App Users and App Agents). Please note that we do work expeditiously to remove what we believe to be fraudulent/malicious Accounts as and when they are reported. If you are contacted through Rapport 24/7 (private message) and believe such contact to be fraudulent/malicious please immediately report the matter to us.
3. Categories: Accounts may participate in the Services as a free user (“User, poster, App Users”) or a paying App Users (“App Agents”). Users, posters, App Users are allowed access to a minimal level of the Services’ features and are not charged by us for the use of the features they can access. App Agents, which are also User, poster, App Users, are provided with access to additional features of the Services. App Agents are not charged by us for the features that are free to User, poster, App Users, however certain additional features of the Services made available to App Agents, at times, may be free of charge to User, poster, App Users. Certain features of the Services made available to App Agents are free of charge.
4. App Usage:
1. Terminations: We reserve the right to terminate your Account and related access or use of the Services for any reason or no reason. We may terminate your Account upon sending notice to you at the email address you provide during registration of your Account or such other email address as you may later provide to us or via any other method in our sole discretion.
You may cancel this Agreement, without any penalty or obligation, at any time.
1. Send an email to billing@Rapport 24/7.com
2. Quote your username and email you signed up with to ensure we can efficiently deal with your enquiry.
3. Identify that you wish to; Cancel my App Users Account.
If you have any complaints about how we have dealt with the provision of your app service or have any queries please see our knowledgebase of the website and/or apps or alternatively contact: support@Rapport 24/7.com
3. Upon termination of an Account Rapport 24/7 reserves the rights to mark the terminated account profile as an inactive account. The act of changing an accounts status to an “Inactive Profile”, is the process of restricting all access and the prevention of any communications from that account. All Account “review” content such as video and text will still show on the site after termination.
4. Proprietary Rights of Content on Rapport 24/7: We own and retain other proprietary rights in the Rapport 24/7 Website and/or apps and the Rapport 24/7 Services. Rapport 24/7 Services contain our copyrighted material, trademarks, and other proprietary information, and our affiliates and/or licensors (together the “Rapport 24/7 Content”). Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Rapport 24/7 Content presented to you as part of the Services. You are only permitted to use this content as expressly authorized by Rapport 24/7 These Terms do not transfer any right, title, or interest in the Services or the Rapport 24/7 Content to you and you may not copy, reproduce, distribute, or create derivative works from this Rapport 24/7 Content without expressly being authorized to do so by Rapport 24/7.
6. Content Posted on Rapport 24/7 Website and/or apps:
1. We claim immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for any content provided by third parties and User, poster, App Users and/or App Agents and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that we may delete any content, messages, photos or Account information (collectively, “Content”) that as determined in our sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Rapport 24/7 and/or our User, poster, App Users.
2. You are solely responsible for the Content that you publish or display (hereinafter, “Post”) on the Rapport 24/7 Website and/or apps, or transmit to other User, poster, App Users and/or App Agents.
4. We will investigate and take appropriate legal action as determined in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Rapport 24/7 Website and/or apps or Services and terminating the user, poster, App Usership of such violators. The following is a partial list of the type of content that may be illegal or prohibited (as the case may be) on the Rapport 24/7 Website and/or apps, including but not limited to: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of “junk mail”, “chain letters,” or unsolicited commercial e-mail or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 13; provides content that involves cursing, swearing, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in comments or reViewdeo posts; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
5. You must use the Rapport 24/7 Website and/or apps and Services in a manner consistent with any and all applicable laws and regulations.
6. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Rapport 24/7 Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Website and/or apps is updated on a real time basis and is proprietary or is licensed to us by our users or third parties.
7. You may not engage in advertising to, or solicitation of, other users, posters, App Users to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Rapport 24/7 Users, posters, App Users. Although we cannot monitor the conduct of our User, poster, App Users and/or App Agents off the Rapport 24/7 Website and/or apps, it is also a violation of this Agreement to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user, poster, App Users without their prior explicit consent.
8. Your Account (and its Contents) may be searchable by, and you may be able to search for the Accounts (and their Contents) of, User, poster, App Users registered to Rapport 24/7.
14. Copyright Policy: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use.” Without limiting the foregoing, if you believe that your work has been copied and posted on a Rapport 24/7 website and/or apps or service in a way that constitutes copyright infringement, please send an email to legal@Rapport 24/7.com.
15. DMCA Notice: We strive to comply with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and violations of the DMCA may result in the termination of your right to use the Services. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our Designated Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our Designated Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to our Designated Agent as follows:
Attn: Rapport 24/7 Legal
P.O. Box 10562
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # (+1) (813-281-9213). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that your material has been mistakenly removed or disabled pursuant to this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
16. User, poster, App Users Disputes: We do not solicit or control the information provided by other User, poster, App Users and/or App Agents that is made available through our system. You may find other User, poster, App Users’s information to be offensive, harmful, inaccurate and/or deceptive. If so, please request an Account review using the link provided on the User, poster, App Users’s profile page or at other places throughout the Rapport 24/7 Website and/or apps or Services. Please also use caution, common sense, and safety when using the Rapport 24/7 Services. You are solely responsible for your interactions with other Rapport 24/7 User, poster, App Users. Because it is not involved in interactions between User, poster, App Users, in the event that you have a dispute with one or more User, poster, App Users or those who have posted, viewed and/or used information on the Rapport 24/7 Website and/or apps or Services, you release Rapport 24/7, including its shareholders, officers, directors, agents, attorneys, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ss 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other User, poster, App Users.
17. Disclaimers: Rapport 24/7, including its shareholders, officers, directors, agents, attorneys, subsidiaries and employees, is not responsible for any incorrect or inaccurate content posted on the Rapport 24/7 Website and/or apps or in connection with the Rapport 24/7 Services, whether caused by users, User, poster, App Users or by any of the equipment or programming associated with or utilized in the Services, nor for the conduct of any user, User, poster, App Users of the Rapport 24/7 Services whether online or offline. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or user, poster, App Users communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website and/or apps or combination thereof, including injury or damage to users and/or user, poster, App Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Rapport 24/7 Website and/or apps and/or in connection with the Rapport 24/7 Services. Under no circumstances shall we be responsible for any loss or damage resulting from anyone’s use of Rapport 24/7 Website and/or apps or the Services and/or any Content Posted on the Rapport 24/7 Website and/or apps or transmitted to Rapport 24/7 User, poster, App Users. Rapport 24/7‘s Website and/or apps and the Services are provided “AS-IS” and we expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Rapport 24/7 Website and/or apps and/or the Rapport 24/7 Services. Note to WebTV users, our current Website and/or apps technology does not support WebTV access. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Rapport 24/7‘, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A “Rapport 24/7 PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO Rapport 24/7 PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Rapport 24/7 IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM A USER, POSTER, APP USERS OR STORED BY A USER, POSTER, APP USERS OR VIA THE SERVICES PROVIDED BY Rapport 24/7 NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Rapport 24/7 PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
13. Limitation on Liability: Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Rapport 24/7 Website and/or apps or the Rapport 24/7 Services, even if we have been advised of the possibility of such damages. You further agree to hold us, including our shareholders, officers, directors, agents, attorneys, subsidiaries and employees harmless for claims arising in the event that other User, poster, App Users’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL Rapport 24/7‘ LIABILITY IN CONNECTION WITH THE SERVICES AND USE OF THE RAPPORT 24/7 APP, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, APP USER HOLD RAPPORT 24/7 HARMLESS TO ANY EVENT GIVING RISE TO SUCH LIABILITY. Rapport 24/7 CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. Rapport 24/7 WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
19. Indemnity: You agree to indemnify and hold Rapport 24/7, its parent company, its subsidiaries, affiliates, shareholders, officers, agents, attorneys, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
20. U.S. Export Controls: Software from the Rapport 24/7 Website and/or apps and/or Services is further subject to United States export controls. No software from the Rapport 24/7 Website and/or apps or Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using our software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. Notices/Miscellaneous: Except as explicitly stated otherwise, any notices for Rapport 24/7 shall be sent to support@Rapport 24/7.com or to the email address you provide to Rapport 24/7 during the registration of your Account. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Rapport 24/7 during the registration process. In such case, notice shall be given three (3) days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by us, as determined in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Rapport 24/7 shall include our parent company, subsidiaries, affiliates, shareholders, officers, agents, attorneys and other partners and employees. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
22. Binding Individual Arbitration:
1. Purpose: The term “Dispute” means any dispute, claim, or controversy between you and Rapport 24/7 regarding any services provided, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 21 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Rapport 24/7 or any of a Rapport 24/7‘ officers, directors, employees, attorneys and agents that cannot be resolved through negotiation within the time-frame described in the “Notice of Dispute” clause below.
2. Binding Arbitration: Other than those matters listed in the Exclusions from Arbitration clause, you and Rapport 24/7, to the extent that you have a Dispute, mutually agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 21, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
3. Exclusions from Arbitration: YOU AND Rapport 24/7 AGREE THAT ANY CLAIM FILED BY YOU OR BY Rapport 24/7 IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 19.
4. Class Action Waiver: ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED USER, POSTER, APP USERS IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND Rapport 24/7 SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
5. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 19, YOU MUST NOTIFY Rapport 24/7 IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO our designated legal advisor (“Designated Agent”) at ATTN: Rapport 24/7 LEGAL DEPARTMENT/ARBITRATION, P.O. Box 10562, Tampa FL 33679-0562, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NAME/NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Rapport 24/7 THROUGH ARBITRATION.
6. Notice of Dispute: IF YOU HAVE A DISPUTE WITH Rapport 24/7, YOU MUST SEND WRITTEN NOTICE TO DESIGNATED AGENT AT, ATTN: Rapport 24/7 LEGAL DEPARTMENT/ARBITRATION, P.O. Box 10562, Tampa FL 33679-0562, TO GIVE Rapport 24/7 YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Dispute you have with Rapport 24/7 is not resolved within 60 days from receipt of notice of the Dispute, you or Rapport 24/7 may pursue your claim in arbitration pursuant to the terms in this Section 21.
7. Initiation of Arbitration Proceeding/Selection of Arbitrator: If you or Rapport 24/7 elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 21 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
8. Arbitration Procedures: Because the software and/or service provided to you by Rapport 24/7 concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Rapport 24/7 as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Rapport 24/7 or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, accept for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
9. Location of Arbitration: You or Rapport 24/7 may initiate arbitration in the State of Florida, USA.
10. Severability: If any clause within this Section 21 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 21, and the remainder of this Section 21 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 21 will be unenforceable, and the Dispute will be decided by a court and you and Rapport 24/7 each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
11. Continuation: This Section 21 shall survive any termination of this Agreement.
23. Governing Law and Jurisdiction: YOU AND Rapport 24/7 AGREE THAT THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF the United States of America and the State of Florida AND ANY DISPUTE BETWEEN YOU AND Rapport 24/7 ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OF FLORIDA COURTS.
24. General Legal:
1. This Agreement shall inure to the benefit of the parties, including any successors in interest of Rapport 24/7. Rapport 24/7 has the right to assign any and all of its rights and obligations hereunder to any affiliate(s) or to any company in the Rapport 24/7 family group of companies.
2. If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.
Rapport 24/7 PROTECTS KIDS:
We do all we can to protect children. We take all measures we can to make using our service as safe as possible. To reach that goal, the information on this web page attempts to assist parents in understanding how to protect their children from inappropriate online material.
We recommend installing parental control software on your computer. You can find quality parental control software but conducting a basic Internet search. Some Internet Service Providers (also known as ISPs) provide content filtering or similar software controls as part of their basic services.
In essence, parental control software blocks access to specific website and/or apps and online content. Generally, most software supplies a list of website and/or apps that are inappropriate for children and you can update the software through the provider’s website and/or apps or, in some cases, the software will update automatically. You should also consider filtering software, which block sites based on keywords. Note, filtering software generally does not automatically block access to specific content. You will likely have to configure the software to filter specific material.
If you have only one computer in your household, and you use the same computer as the children, you can set up the computer to filter content during certain hours, provide separate log in and password access, block personal information access and similar filtering and protection options.
Although you may attempt to block certain content, you may also restrict access to legitimate sites. Certain keywords appear on legitimate news and information sites, which may require some testing with different settings when configuring the filter controls.
Installing filtering software is no guarantee! Children may still be exposed to inappropriate material online. New website and/or appss pop up every day, so it is critical to keep your software up to date and learn how your Internet browser software works in order to check the sites your family has visited (i.e., “History” feature, which displays a list of website and/or appss visited by the web browser).
Of course, sitting down and talking with your children about the possible dangers that exist on the Internet, and supervising their web surfing remain the best ways to protect them.
Here are some basic Internet-related safety points to you to protect your children (the list is not comprehensive):
* Tell them to never give out personal information about themselves or their family to strangers they might meet online or in a chat room.
* Remind them that online it is simple for people to pretend and disguise their true identity by easily changing their name, age and gender in an effort to get close to children.
* Teach them that they should never meet a new online friend without an adult present.
* Tell them to never give out their picture to a stranger, and that if they ever get a picture with sexual content, or something they find disturbing, that they should get off the computer immediately and tell a parent about it.
* Let them know that if they encounter something or someone dangerous that you have an “open door” policy and that they can tell you about it, and that you will not blame them or get mad at them.
25. Rapport 24/7 Posting Rules
The following rules are in place to help establish a friendly area for user, poster, App Users of to interact and discuss common topics with one another.
You must read the following rules carefully so that you clearly understand the Rapport 24/7 website and/or app guidelines.
1) You must be over 13 years old to “post” a reViewdeo.
2) You cannot post copyrighted or trademarked content onto this Rapport 24/7 website and/or app. You are fully responsible for any happenings that are a direct result of content posted illegally without the owner’s consent.
3) For safety reasons please refrain from posting your personal contact information (such as phone number, email addresses or physical address) in any posts.
4) Misquoting or misinterpreting other users, posters, App Users using Rapport 24/7 will not be tolerated.
5) Please be careful to post Rapport 24/7 that in such a way that will not be deemed offensive by other user, poster, App Users. This also includes using the correct spelling and punctuating, as well as caps locks. Eg.Writing a whole post in capital letters is ill advised and can be misread by others.
6) You must agree to report any other user, poster, App Users or issues that you notice while using Rapport 24/7 website. Please contact an administrator or send an email to our support team to voice your concern.
1) You are forbidden to edit any HTML tags or UBB code on your messages other than using standard text formatting.
2) In any given area of the site do not post any of the following information that will be available for other users to view. Telephone number, details of ICQ/MSN/SKYPE or other instant messengers, email addresses and physical addresses. If you post this content onto a thread or chat then it will be classed as SPAM and removed by our onsite administrators.
3) Administrators reserve the right to delete or edit any posting that actively criticizes or any of its additional services. If any such posts are located it will be considered a breach of these regulations and it will be removed without any notice. If you wish to exercise your right to criticize or wish to voice any concerns about our services then please contact our support team via email.
4) Rules for posting photos and videos onto the Rapport 24/7 website and/or app can be found here in our terms and conditions.
Any decision made by the moderators is final. There will be no consultation about the circumstances on which the matter concludes.
How to identify a SPAM/SCAM:
Any user, poster, App Users that is promoting any site that is not related to or is providing links to any external sites or contact information will be classified as a scammer/spammer. Any person that leads you into a transaction or is advertising unofficially on the Rapport 24/7 website and/or app will also be classified in this category.
We work extremely hard to reduce and prevent scammers from infiltrating the site at every opportunity. We make every effort to mark and remove scammers to stop the user, poster, App Users of from being potential victims.
We perform the following thorough checks in order to single out and remove scammers from the Rapport 24/7 website and/or apps and the site altogether
1) Profiles and messages are continuously checked manually to ensure they are being utilized correctly and are not breaching our terms and conditions.
2) You can report any profile if you feel it is being used in any way that is not deemed correct for the site.
3) Safety advice is available to those who wish to learn how to protect themselves from encountering a scammer. If you have any ideas or criticism on how we can provide a better service for this please let us know by contacting the support team.
Any additional threads or comments about scammers in the Rapport 24/7 website and/or apps will be removed and deleted without notice.
Guidelines to posting:
This area includes specific usage information on how to go about posting on the Rapport 24/7 website and/or apps. When you create a new topic please make it is as unique as possible to avoid confusion and replication of subjects.
Protest threads and acts of mutiny against the moderators/administrators:
Anyone who creates or takes part in protesting, assisting or commenting with any protests relating to administrators or moderators, instead of contacting the support team, will have their privileges on the Rapport 24/7 website and/or apps revoked. All existence and activity on the Rapport 24/7 website and/or app will then be suspended depending on how serious the breach of regulations are.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Rapport 24/7, including but not limited to all products, software and services offered via the Rapport 24/7 website, such as the Rapport 24/7 channels, the Rapport 24/7 “Embeddable Player,” the Rapport 24/7 “Uploader” and other applications.
- The Service may contain links to third party websites that are not owned or controlled by Rapport 24/7. Rapport 24/7 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Rapport 24/7 will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Rapport 24/7 from any and all liability arising from your use of any third-party website.
Rapport 24/7 Accounts
- In order to access some features of the Service, you will have to create a Rapport 24/7. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rapport 24/7 immediately of any breach of security or unauthorized use of your account.
- Although Rapport 24/7 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Rapport 24/7 or others due to such unauthorized use.
General Use of the Service – Permissions and Restrictions
Rapport 24/7 hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without Rapport 24/7‘s prior written authorization, unless Rapport 24/7 makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Rapport 24/7 may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain Rapport 24/7‘ prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Rapport 24/7 appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
- uploading an original video to Rapport 24/7, or maintaining an original channel on Rapport 24/7, to promote your business or artistic enterprise;
- showing Rapport 24/7 videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above; or any use that Rapport 24/7 expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
- If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Rapport 24/7 website.
- If you use the Rapport 24/7 Uploader, you agree that it may automatically download and install updates from time to time from Rapport 24/7. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Rapport 24/7 to deliver these to you) as part of your use of the Uploader.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Rapport 24/7 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rapport 24/7 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rapport 24/7 reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- Rapport 24/7 reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Rapport 24/7, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Rapport 24/7 on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Rapport 24/7 or the respective licensors of the Content. Rapport 24/7 and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Rapport 24/7 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rapport 24/7 with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Rapport 24/7, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
- As a Rapport 24/7 user and/or account holder you may submit Content to the Service, including videos and user comments. You understand that Rapport 24/7 does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Rapport 24/7 all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Rapport 24/7, you hereby grant Rapport 24/7 a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Rapport 24/7‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Rapport 24/7 may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Rapport 24/7 all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to the Rapport 24/7 Community Guidelines or contrary to applicable local, national, and international laws and regulations.
- Rapport 24/7 does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Rapport 24/7 expressly disclaims any and all liability in connection with Content. Rapport 24/7 does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Rapport 24/7 will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Rapport 24/7 reserves the right to remove Content without prior notice.
Account Termination Policy
Account Termination Policy
- Rapport 24/7 will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Rapport 24/7 reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Rapport 24/7 may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- 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.
You can contact Rapport 24/7 about any problems or questions with the Website and/or apps at support@Rapport 24/7.com We reserve the right not to respond to any user, poster, App Usership queries that do not include your screen name and the name of the website and/or apps with which you are registered. These Terms shall be governed by and construed in accordance with the laws of the State of Florida and shall be subject to the exclusive jurisdiction of the State of Florida. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter (except for fraudulent misrepresentations). You agree that Rapport 24/7 has the right to assign or sub-contract any or all of its obligations under these Terms. You shall not, without Rapport 24/7‘s prior written consent, assign these Terms.