Introduction
Welcome to SmallRivers SA (“SmallRivers”), to river.li with its network of embedded widgets and sidebars (“the RichBox”, “the RichBoxes”), its administration web based Dashboard (“the SmallRivers Dashboard”), its search tools and result pages (“the SmallRivers Search”) and, more generally, welcome to the SmallRivers Service (“the SmallRivers Service”). Please read the following Terms of Use carefully before using the SmallRivers Service, so that you are aware of your legal rights and obligations with respect to SmallRivers SA and its affiliates and subsidiaries (individually and collectively, “SmallRivers”). Please also read carefully the river.li Privacy statement.
By using the Service, by logging in the river.li Dashboard, you signify your irrevocable acceptance of these Terms of Use. SmallRivers SA has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Service shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the SmallRivers Service at any time. We may also impose limits on certain features or restrict your access to parts or the entire SmallRivers Service without notice or liability.
Privacy
Your privacy is very important to us. To better protect your rights we have provided the river.li Privacy Policy to explain our privacy practices in detail. Smallrivers Privacy Policy can be found here.
Third party services
In some cases The SmallRivers Service can be, partly or entirely, empowered by specialized third parties (“Third Party Service(s). If this or these Third Party Service(s) are operated under specific Terms of Use, SmallRivers Service clearly claims it and publishes links to these Third Party Services Terms of Use. SmallRivers SA does not warrant, endorse, guarantee or assume responsibility for any product or services empowered by a Third Party through the SmallRivers Service.
Ownership of Content
SmallRivers does not claim any ownership rights in the Content you provide (“User Submission”). You, as a SmallRivers Member, are responsible of the Content you upload (“your Content”). However, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material.
SmallRivers does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SmallRivers expressly disclaims any and all liability in connection with User Submissions. SmallRivers does not permit copyright infringing activities and infringement of intellectual property rights on the SmallRivers Service. SmallRivers reserves the right to remove Content and User Submissions without prior notice.
Lastly, if your Account is deleted, the Content associated with that Account will also be deleted. We would encourage you to be sure you are comfortable with this possibility before contributing Content to the Service.
Premium Services
SmallRivers offers fee-based premium services. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
Support and Performance
SmallRivers provides documentation to assist SmallRivers Members. As members, you are responsible for implementing and maintaining all support for your users. To enable a great experience for all users on the SmallRivers Service, you, as a SmallRivers Member, must ensure you don't unduly degrade the performance of the SmallRivers Service. If your account exceed the quotas and limitations set by SmallRivers or otherwise degrade performance of the SmallRivers Service or other services in any way, we may suspend your Account at our sole discretion.
Use of SmallRivers Administration Dashboard and RichBoxes
Links
SmallRivers may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). SmallRivers is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Online Behavior
Please exercise respect when participating in any of SmallRivers’ community features such as Content Commenting, Forums, Email functions, etc. (“User Materials”) and when using any other feature of the SmallRivers Service. You may not submit or publish through SmallRivers any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through SmallRivers that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that we do not monitor the contents on a regular basis and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.
Notwithstanding any rights or obligations governed by the Terms of Use, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to SmallRivers you automatically grant SmallRivers a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the SmallRivers Service, SmallRivers and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the RichBoxes or the SmallRivers Dashboard in a manner that sends more request messages to the SmallRivers and/or Third Party Services’ 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.
Accounts and Security
As part of the registration process, each SmallRivers Member will select a password (“Password”) and Login Name (“Login Name”). You shall provide SmallRivers with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You shall notify SmallRivers or its Third Party Service(s) of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at SmallRivers’ sole discretion, and you may be reported to appropriate law-enforcement agencies.
Term of Use
The license for use of the SmallRivers Service is effective until terminated. You may terminate it at any time. This license will also terminate if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by SmallRivers to effect such termination.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and SmallRivers, the SmallRivers Service is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SmallRivers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, SmallRivers does not warrant that the functions contained in the SmallRivers Service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. SmallRivers does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not SmallRivers) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the SmallRivers service, we include links to other web sites on the world wide web portion of the internet and that SmallRivers has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
Under no circumstances, including, but not limited to, negligence, shall SmallRivers be liable for any special or consequential damages that result from the use of, or the inability to use, the SmallRivers Service, or any other web site, even if SmallRivers or a SmallRivers authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from SmallRivers or from or through the SmallRivers Service shall create any warranty not expressly stated in the terms of use. In no event shall SmallRivers’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by SmallRivers and its Third Party Services. SmallRivers makes no representation that materials in the SmallRivers Service are appropriate or available for use in your location. Those who choose to access this SmallRivers Service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold SmallRivers, and its subsidiaries, affiliates, employees, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the SmallRivers Service, your use of the SmallRivers Service, your connection to the SmallRivers Service, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Trademarks
SmallRivers, SmallRivers Dashboard, RichBox and other marks indicated on our site are trademarks of SmallRivers SA or other related companies.
All other trademarks not owned by SmallRivers or any of its related companies that appear on this site are the property of their respective owners.
Governing Law
By accessing the SmallRivers Service, you and SmallRivers agree that all matters relating to your access to, or use of, the SmallRivers Service shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.
If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the SmallRivers Service, please contact us at: info at smallrivers dot com
Last revised September 15, 2009.