1. ACCEPTANCE OF TERMS
The Website is protected by U.S. and international copyright laws and treaties. The Website contains copyrighted material, logos and other trademarks and other proprietary information of RH and others which may include, but is not limited to text, data, photos, audio, video, graphics, images, music, sound and software (“Proprietary Material”). RH hereby grants you a non-exclusive license to access this Proprietary Material. RH also grants you a limited license to make paper and electronic copies of Proprietary Material available on this Website, but only for your personal, noncommercial use and not for distribution to or sharing with any other person.
3. REGISTRATION AND LOG-IN
You may view and use certain materials and services through this Website only if you register and log in and, in some circumstances, only if you or your employer have paid a fee. The materials in these paid or log-in protected sections, in addition to being protected by copyright as described in Section 2, are confidential to RH.
You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your account. You are strictly prohibited from sharing your log-in information with your work colleagues or anyone else, or otherwise giving anyone else access to or use of those materials or any portion of them. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. If you believe someone else would benefit from using these materials, please advise him to contact us, or have his employer contact us, at email@example.com
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
4. YOUR COMMUNICATIONS
By uploading files of any kind, posting messages, inputting data or engaging in any other form of communication to or through this Website (individually or collectively, “Communications”), you represent and warrant that you are the owner of such Communications or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. You grant RH an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, in any and all media now known or later developed. You waive all rights to any claim against RH for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the Communications.
You may not post on this Website any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, sexually explicit, profane, threatening, promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable, (c) contain a virus or any other harmful component, (d) falsely state or misrepresent your affiliation with any person or entity or contain false or misleading statements of fact, (e) contain any advertising or material of a commercial nature or (f) violate any applicable local, state, national or international law or regulation (individually and collectively, “Prohibited Communications”).
5. MATERIAL POSTED BY THIRD-PARTIES
7. DIGITAL MILLENNIUM COPYRIGHT ACT
RH expects its users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and/or we may terminate the access rights of users who infringe upon the intellectual property rights of others. If you believe a work protected by a U.S. copyright you own appears on this Website without authorization, you may notify the RH copyright agent, and provide the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the copyright owner,
b. Identification of the copyrighted work or works claimed to have been infringed,
c. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
d. Your address, telephone number and e-mail address,
e. A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, and
f. A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
8. PRIVACY STATEMENT
RH may terminate your right to access this Website at any time in its sole discretion, with or without cause, and without notice to you.
10. DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, (B) ANY WARRANTY THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
RH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (A) THE USE OR INABILITY TO USE THIS WEB SITE, (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OR MEMBER OF THIS WEB SITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEB SITE.