Terms of Service

Updated: March 16, 2020

Please read the following general website Terms of Service (these “TOS” or “Agreement”) carefully before accessing the https://rise.la/ website (the “Site”) or purchasing any services on the Site so that you are aware of your legal rights and obligations with respect to the JACKTV LLC dba Rise, the Site and any of its affiliates, parents and subsidiaries (individually and collectively, “we,” “us,” “our” or “JTV”).

IMPORTANT INFORMATION TO NOTE:

  • YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TOS, AND TO ABIDE BY AND COMPLY WITH THESE TOS. IN ANY CASE, YOU AFFIRM THAT YOU ARE 13 YEARS OF AGE OR OLDER, AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE OR ITS SERVICES.
  • ALL INFORMATION PROVIDED ON THE SITE IS ACCURATE AT THE TIME OF PUBLICATION. SERVICE DESCRIPTIONS, CAPABILITIES AND FEATURES ARE BELIEVED TO BE ACCURATE BUT MAY BE CHANGED AT ANY TIME DUE TO THE ACTIONS OF THE ASSOCIATED SOCIAL, MEDIA AND DISTRIBUTION PLATFORMS.
  • ANY PURCHASE, LICENSE, USAGE OR SUBSCRIPTION FEES ARE EXPLAINED DURING REGISTRATION OR ORDER PROCESS AND ARE SUBJECT TO CHANGE FROM TIME TO TIME AT OUR ABSOLUTE AND SOLE DISCRETION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT FEES MAY HAVE AN INITIAL AND RECURRING MONTHLY PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.
  • ALL PURCHASES OF OUR SERVICES ARE FINAL. NO REFUNDS OR CREDITS SHALL BE ISSUED BY JTV FOR ANY REASON.
  • OUR BUSINESS CHANGES CONSTANTLY, AS DO OUR PRIVACY POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITE, INCLUDING THESE TOS. WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE TOS. YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.
  • USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
  1. Description of Services: The Site enables its customers, users and visitors (together “Users”) to purchase, license or subscribe to (together “Purchase”) various products and services (together, “Services”). We reserve the right to add, change, modify, suspend or discontinue any portion of the Site or the Services offered at any time. We may also impose limits on certain Site features (“Features”), limit any Features or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
  2. Eligibility: All Users of the Site must be either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consent to enter into these TOS. This Site, its Services and Features were designed for Users who are legal residents of the United States and its territories. Users from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site’s Privacy Policy rather than under the law of User’s home country. Access to the Site is void where prohibited.
  3. Registration: In order to complete a Purchase on the Site, you will be required to create an account (“Account”). You may never use someone else’s Account.
    1. Registration Data. When creating an Account on the Site, you agree to provide accurate, current and complete information about yourself (“Registration Data”) as prompted by our registration form. Registration Data may include your personal name, company name, e-mail address, password, address and referral source. You also represent that we may rely on your Registration Data as accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.
    2. You are solely responsible for maintaining the confidentiality of your Account security and login information as well as information related to any Purchases, communications and other activities that are conducted through your Account. You agree not to transfer, sell or resell your Account login information, or otherwise provide access to the Site, through the use of your login information, to any third party. If you have reason to believe that your Account is no longer secure, you must promptly change your password or contact us directly.
  4. Term/Termination: We may decide at any time in our sole and absolute discretion whether to remove or terminate a User’s access to the Site, its Services or any Feature, for any reason, including but not limited to violations of these TOS. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to Account registration. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these TOS shall survive any termination of your access to the Site.
    1. Withdrawal of consent to these TOS will have no effect on the legal validity or enforceability of these TOS for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
  5. Purchases: All information provided on the Site is accurate at the time of publication. Service descriptions, capabilities and Features are believed to be accurate when published on the Site. Nonetheless, please be aware that associated, third party social, media and distribution platforms (“Platforms”) may change access, capabilities and permissions at any time with or without notice to us. As a result, we may be required to change any Services and Features offered through our Site in order to comply with such Platform changes.
    1. Subscriptions. Some of our Services may now or in the future be available via one time or periodic (e.g. monthly) subscription fees. The Site’s fees and any terms for such Services, including any available discounts, are explained during either the registration or Service order process and are subject to change from time to time at JTV’s absolute and sole discretion. Please note that any fees that are disclosed to you during registration or Service order process are deemed part of this Agreement. You agree to pay JTV for all fees charged to your Account, as per these TOS.
    2. Services. JTV’s Services to you shall be subject to the following conditions:
      1. Services may include a variety of promotional and advertising tools as best determined by JTV, at its sole and absolute discretion, to reach the desired results as detailed on our Site. Such tools may include online advertising, sweepstakes, contests, promotions and other incentives to promote user engagements.
      2. Services may target any population, demographic or geographic distribution as best determined by JTV, at its sole and absolute discretion, to reach the desired results as detailed on our Site.
      3. JTV shall provide you, the User, with reports related to its provision of Services. Such reports shall be limited, in JTV’s exclusive and absolute discretion, to the results indicated and promoted at the time you purchased the related Service. Nothing in this Agreement shall require JTV to provide or share any other data or information related to its Services, all of which JTV considers confidential and proprietary.
      4. JTV can only provide its Services subject to any API, token or authentication (“Authentication”) as provided by third part websites. In the event any account you own or controls, loses, terminates or otherwise fails such Authentication, JTV may no longer be able to provide Services or may not be able to achieve results indicated. You specifically release JTV from any liability associated with its provision of Services in the event such Authentication is no longer available.
      5. Some Services require the activation of capabilities (“Features”), such as messaging, on an account you may own or control on a third party website. You specifically release JTV from any liability associated with its provision of Services in the event you fail to enable such Features.
    3. Service Term: Please be advised that some of our Services are made available subject to a minimum subscription term such as a month. Please review any terms or rules provided to you during registration or Service purchase process for additional details. JTV will not refund or credit any Service fees paid or owed by you for any reason whatsoever, in whole or in part, including early termination of your Account.
    4. Your non-termination or continued use of a Service subject to recurring payment reaffirms that JTV is authorized to charge your credit card or bank account for any subscribed-to Service. JTV may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially registered your Account or subscribed to the Services.
    5. When Purchasing any Services, you agree to provide us with the information required to enable such Services. None of our Services operate independent of your Submissions. If you make a Purchase but fail to provide us with the needed information or Submissions, as details on the Site or in subsequent communications with us, we may not be able to provide you with the Services purchased.
    6. Refunds. Except as otherwise specifically provided below, all sales are final and no refunds will be issues for any reason.
      1. Subject to the section above with respect to refunds or credits, you may terminate your Account or Service at any time. Such notice will not affect charges submitted before JTV could reasonably take action in response to your notice.
    7. You may access content and other information on the Site solely (a) for your general information; and (b) as intended through the normal functionality of the Site.
  6. Users Submissions and Comments. This section governs the sending, uploading, linking or transmitting (“Transmitting”) of any information, image, text, video, audio or other content (“Submission”) to us through our Site or your Account. By Transmitting, or attempting to Transmit, any Submission, you hereby agree, and are fully subject, to these content terms (“User Content Terms”).
    1. You are either eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these TOS;
    2. You are the individual identified in the Submissions or, if the Submissions identify other individual(s), that you have previously obtained from the individual(s) identified, and/or their authorized representatives, the written permission and consent for such use, publication and display. You further agree that you will provide us with a copy of such written permission and consent upon request. Submissions which identify or contain photographs/images of third parties do not create any type of agreement whatsoever between us and said third parties as there are no third party beneficiaries to these TOS or to the Privacy Policy;
    3. The Submissions do not contain obscene material, as defined under United States local, state or federal law, including, without limitation, violence, other illegal activities or contraband;
    4. You have full rights to use, license and dispose of any intellectual property rights including, without limitation, any and all copyrights and trademarks, associated with the Submissions;
    5. No other party has any rights, including intellectual property rights, to the Submissions;
    6. You hereby grant JTV, its parents, subsidiaries, affiliates and assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy and publish the Submissions as permitted by these TOS and our Privacy Policy. This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
    7. JTV may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
    8. You waive any right that you may have to inspect or approve any finished product or copy using or incorporating the Submissions, or the use to which the Submissions may be applied;
    9. JTV may include or add editorial copy or other writings or graphics to the Submissions;
    10. You are subject to any other guidelines, rules and regulations that may appear on the Site as well as any third party website on which you own or control any account or otherwise publish or post any content; and
    11. Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
  7. License Granted by Users:
    1. You hereby grant JTV, its parents, subsidiaries, affiliates and assigns a non-exclusive, limited, worldwide, fully paid, irrevocable license to edit, copy, use, destroy and publish the Submissions as permitted by these TOS and our Privacy Policy. This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
    2. You hereby grant JTV, its parents, subsidiaries, affiliates and assigns a non-exclusive, limited, worldwide, fully paid, irrevocable license to edit, copy, use, destroy and publish (“Publish”) any video, audio or graphic images you posted, or posted on your behalf, to accounts under your control, ownership or direction on third party websites (“Social Media Content”) for the sole purpose of enabling JTV’s provision of Services under this Agreement.
      1. It is the intention of JTV to use such content under this limited license only under the occasions where either (a) Submissions have not been provided by you or (b) JTV determines that the Submissions are not adequate, in its sole and absolute discretion, to enable Services.
    3. In addition to the above rights granted under these limited licenses, the licenses shall permit JTV to:
      1. include or add editorial copy or other writings or graphics to Submissions or Social Media Content; and
      2. be the first to Publish or otherwise premier any Submissions you provide to JTV prior to their publication on any other website or account.
    4. You hereby grant JTV, its parents, subsidiaries, affiliates and assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to edit, copy, use, destroy and publish any information collected from any third party or user that we engage with through our websites as well as accounts we own and under our control on third party websites.
      1. This license shall cover all information collected or received as part of our provision of Services; and
      2. Except as otherwise provided in our Privacy Policy, neither this license or any other provision in this Agreement shall require JTV to share such collected or received information with clients or any other third party.
  8. License Granted to Users: As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and its Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these TOS.
    1. No part of the Site or Services may be reproduced in any form nor incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and its Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’ infrastructure.
  9. Proprietary Rights on the Site: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to JTV, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to the Site or any associated content.
  10. Digital Millennium Copyright Act
    1. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Submissions made to us or other content provided on or through the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner (who may be you) of an exclusive right that is allegedly infringed;
      2. 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;
      3. 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, and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit JTV to contact you, such as an address, telephone number and, if available, email address;
      5. A statement that you have a good faith belief that use of the material in the manner complained of was not authorized by you, your agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Our designated Copyright Agent to receive notifications of claimed infringement is:Copyright Agent
        c/o JackTV LLC., aka Rise
        6121 Sunset Blvd.
        Los Angeles, CA. 90028
        studio@jack.tv
      7. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that any Submission you made to JTV or the Site was removed (or to which access has been disabled) was not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submission, you may send a counter-notice containing the following information to our Copyright Agent:
      1. Your physical or electronic signature;
      2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
      4. Your name, address, telephone number and email address;
      5. a statement that you consent to the jurisdiction of the federal court in the County of Los Angeles, California; and
      6. a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  11. Privacy: Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time without notice. To read our Privacy Policy, please use the link provided on the Site’s home page.
  12. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or Features, (ii) arising from your violation or breach of any term of these TOS or any policies, rules or guidelines referenced herein or (iii) your violation of any policy, rule or requirement of an applicable Platform.
  13. Warranties: You expressly agree that access and use of the Site and its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.
    1. We and the Covered Parties, as defined above, have no liability whatsoever for your use of, or inability to use, the Site and Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
    2. The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site, Services and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site or Services shall create any warranty, representation or guarantee not expressly stated in these TOS. We are not responsible to you or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of Submission; 2) the conduct of any Users, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.
    3. JTV shall not be liable to you for any services or features available from third parties, even if obtained at or through the Site or our Services. If you are dissatisfied with the Site or Services or with these TOS, your sole and exclusive remedy is to discontinue use of the Site and Services.
  14. Third-party Websites: The Site may contain links to other websites owned and operated by JTV, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third-party websites not owned or controlled by JTV. JTV has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve JTV from any and all liability arising from your use of any third-party website. Furthermore, JTV does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials at or available through such third-party websites or resources, or for any damages or losses arising there from.
    1. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any JTV or third-party website you access through the Site.
  15. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
  16. DISPUTE RESOLUTION: If a dispute arises between you and JTV, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and JTV agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a “Claim”) in accordance with the subsections below or as we and you otherwise agree in writing. We strongly encourage you to first contact us directly to seek a resolution by sending an e-mail support@rise.la. We will consider any reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
    1. Choice of Law and Forum- This Agreement shall be treated as though it were executed and performed in the County of Los Angeles, California and shall be governed in all respects by the laws of the State of California without regard to conflict of law provisions. You agree that any Claim or dispute you may have against JTV must be resolved by a court located in the County of Los Angeles, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles, California for the purpose of litigating all such Claims or disputes.
  17. Legal Warning: Any attempt by any User to damage, destroy, tamper with, vandalize or otherwise interfere with the operation of the Site or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
  18. Contact Us:
    JACKTV LLC., aka Rise
    6121 Sunset Blvd.
    Los Angeles, CA. 90028
    support@rise.la

 

  1.