1.1 Content, as defined below, uploaded to or otherwise provided to Rush.com, may be used on this website, as part of any Rush live show, and/or as part of any audio-visual production or audio-only production, referable to any Rush live show, including packaging, promotion or other matters referable to Rush, whether commercial or otherwise and whether connected with any service or product referable to Rush. Uploading content constitutes an irrevocable license in perpetuity to use Content without cost or liability. Without limiting the generality of the foregoing, you hereby waive in favor of Rush.com and its designees, any and all rights, including without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights that you or anyone claiming through you or otherwise may have now or in the future. You shall have no right to prevent or seek payment for any use of the Content as aforesaid.
1.2 Rush.com does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Rush.com a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide and perpetual license to use the Content that you post on or through the Service.
1.3. The Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Rush.com shall place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
1.4. You acknowledge that Rush.com shall not always identify paid services, sponsored content, or commercial communications as such.
1.6. The Service contains content owned or licensed by Rush.com (“Rush.com Content”). Rush.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Rush.com, Rush.com owns and retains all rights in the Rush.com Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rush.com Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Rush.com Content.
1.7. The Rush.com name and logo are trademarks of Rush Productions and Rush, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of Rush.com and Rush Productions. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Rush.com, and shall not be copied, imitated or used, in whole or in part, without prior written permission from Rush.com.
1.8. Although it is Rush.com’s intention for the Service to be available as much as possible, there will be occasions when the Service shall be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Rush.com reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service shall continue to be stored by Rush.com, including, without limitation, in order to comply with certain legal obligations, but shall not be retrievable without a valid court order. Consequently, Rush.com encourages you to maintain your own backup of your Content. In other words, Rush.com is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Rush.com will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet shall be subject to breaches of security and that the submission of Content or other information shall not be secure.
1.10 All Content will be non-confidential and non-proprietary and Rush.com will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Rush.com is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Rush.com in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Rush.com, and Rush.com will not be liable for any use or disclosure of any Content you provide.
1.11. If you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Rush.com is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
2.1 You must be of legal age to use the Service.
2.2 You shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
2.3. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you shall not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
2.4. You shall not use the Service for any illegal or unauthorized purpose. You shall comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
2.5 You shall be solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
2.6. You shall not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Rush.com.
2.7. You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Rush.com users.
2.8. You shall not use domain names or Rush.com URLs in your username without prior written consent from Rush.com.
2.9. You shall not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any Rush.com page is rendered or displayed in a user’s browser or device.
2.10. You shall not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
2.13 Rush.com reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
2.15 Rush.com reserves the right to refuse access to the Service to anyone for any reason at any time.
2.16 Rush.com reserves the right to force forfeiture of any username for any reason.
2.18 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Rush.com is not responsible or liable for the conduct of any user. Rush.com reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
2.19. There shall be links from the Service, or from communications you receive from the Service, to third-party sites or features. There shall also be links to third-party sites or features in images or comments within the Service. The Service also includes third-party content that Rush.com do not control, maintain or endorse. Functionality on the Service shall also permit interactions between the Service and a third-party site or feature, including applications that connect the Service or your profile on the Service with a third-party site or feature.
For example, the Service shall include a feature that enables you to share Content from the Service or your Content with a third party, which shall be publicly posted on that third party’s service or application. You do so at your own risk. Rush.com does not control any of these third-party services or any of their content.
You expressly acknowledge and agree that Rush.com is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party.
You shall choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application shall interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application shall cause personally identifying information to be publicly disclosed and/or associated with you, even if Rush.com has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Rush.com Parties (defined below) harmless for activity related to the Application.
2.20. You agree that you are responsible for all data charges you incur through use of the Service.
2.21 Rush.com prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as shall be the result of standard search engine protocols or technologies used by a search engine with Rush.com’s express consent).
3.1 The Service, including, without limitation, Rush.com content, is provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, neither Rush.com nor its parent company nor Rush, nor Rush Productions, nor The Anthem Entertainment Group Inc., nor S.R.O. Management Inc. nor any of their employees, managers, officers or agents (collectively, the “Rush.com Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Rush.com content; (c) user content; or (d) security associated with the transmission of information to Rush.com or via the service. In addition, the Rush.com Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
3.3 By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
3.4 The Rush.com Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
3.5 The Rush.com Parties will not be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Rush.com content; (c) user Content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Rush.com Parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Rush.com Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). The Rush.com Parties shall not be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion shall not apply to you. in no event will the Rush.com Parties total liability to you for all damages, losses or causes or action exceed one hundred Canadian dollars ($100.00).
3.6 You agree that in the event you incur any damages, losses or injuries that arise out of Rush.com’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any site, service, property, product or other content owned or controlled by the Rush.com Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any site, property, product, service, or other content owned or controlled by the Rush.com Parties.
By accessing the service, you understand that you shall be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of any law or statute or practice that provides substantially that 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.”
3.7 Rush.com is not responsible for the actions, content, information, or data of third parties, and you release us, the Rush.com Parties and their directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You shall bring claims only on your own behalf. Neither you nor Rush.com will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Rush.com is a party to the proceeding.
3.10 You agree that any claim you shall have arising out of or related to your relationship with Rush.com must be filed within three (3) months after such claim arose; otherwise, your claim is permanently barred.
3.14 The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rush.com to any registration requirement within such jurisdiction or country. Rush.com reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in Rush.com’s sole discretion, and to limit the quantities of any content, program, product, service or other feature that Rush.com provides.