3.1 Information Accuracy
Rally makes no representation or warranty as to the accuracy or fitness for use of any offers posted via the Service or that any third party will honor or acknowledge any such offers posted via the Service. We are not responsible for providing any value for any offers posted via the Service. We are not responsible for the change of information at third party sites or stores including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that we do not and cannot review all material made available through websites linked or linking to any part of the Service. We do not warrant that the Service, or any functions contained in content available via the Service, will be uninterrupted or error free, that defects will be corrected, or that the Service or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL RALLY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE), ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RALLY HAD ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
3.3 Trademark Information
You agree that all of Rally’s trademarks, trade names, service marks, and other logos and brand features displayed via the Service (collectively, “Marks”) are trademarks and the property of Rally. You agree not to display or use our Marks in any manner without our prior permission. Merchant trademarks are the property of the respective merchant. The display of a merchant trademark via the Service does not necessarily mean that we have an affiliation with the merchant.
3.4 Intellectual Property Ownership
All right, title and interest in the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Rally or its licensors, and you have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of Rally or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (“Works”) are the property of Rally, its licensors, or applicable third party rights holders (such as merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Rally owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Rally and its licensors irreparable injury, which may not be remedied at law, and you agree that Rally and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
3.5 Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
We expect all users of any part of the Service will comply with applicable copyright laws. If we receive proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user Account, regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Service in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content to allow a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Rally’s designated agent to receive notification of alleged infringement under the DMCA is:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our designated agent the following information in a written communication (sent via email):
- 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 claimed to be infringing or to be the subject of infringing activity and to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I 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”;
- The following statement: “I swear, under penalty of perjury under the laws of the United States of America, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide our designated agent the following information in a written communication (sent via email):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of U.S. District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury under the laws of the United States of America, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our designated agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances and in our discretion, disable and/or terminate the accounts of users who are repeat infringers.
3.6 About Advertisements and Other Commercial Content
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree and give us permission to use your name, picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by us. For example, this means you permit us, a merchant, or other third party to pay us to display your name, picture, content, and/or information, without any compensation to you.