Updated: July 20, 2015
####What Are The Terms of Service?
####Definition of the Service
The Raventech Service consists of software created by Reach Infinity which requires use of an ID. This includes but is not limited to other products, services and web sites hosted or made available by Reach Infinity LLC, which enable you to be more productive on your devices (collectively, the "Service"). In exchange for being enabled to use the Service, you agree to abide by these Terms.
####Registration and accounts
- To be eligible for an individual account on our website under this Section 6, you must be at least 12 years of age.
- You may register for an account with our app by completing and submitting the account registration form in the app, and clicking on the verification link in the email that will be sent to you.
- You must not allow any other person to use your account to access the app.
- You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- You must not use any other person's account to access the app, unless you have that person's express permission to do so.
You must not:
- use our service in any way or take any action that causes, or may cause, damage to the service or impairment of the performance, availability or accessibility of the app;
- use our service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our service using any robot, spider or other automated means;
- violate the directives set out in the robots.txt file for our website; or
- use data collected from our service for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- Use the service to promote hateful behavior and actions, or abuse or bully other users.
If you fail, or we suspects that you have failed, to comply with any of the provisions of this Agreement, Reach Infinity LLC, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account.
Reach Infinity LLC reserves the right to modify, suspend, or discontinue our service (or any part or content thereof) at any time with or without notice to you, and Reach Infinity LLC will not be liable to you or to any third party should it exercise such rights.
####Disclaimer of Warranties; Liability Limitation
Reach Infinity DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF ITS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME RAVENDESK TECHNOLOIGES MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Reach Infinity) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL Reach Infinity, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Reach Infinity'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
RAVENDESK TECHOLOGIES SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND RAVENDESK TECHNOLOIGES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
RAVENDESK TECHNOLOIGES DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Reach Infinity DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM IN-APP STORES.
#### Wavier and Indemity
BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Reach Infinity, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY Reach Infinity AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Reach Infinity, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Reach Infinity'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
#### Right to Modify the Service.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Ravendesk Technoloiges Software, including changes that may affect the previous mode of operation of the Service or Reach Infinity Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Ravendesk Technoloiges actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Reach Infinity has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
#### Arbitration Agreement.
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Reach Infinity agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Reach Infinity users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
YOU AND Reach Infinity AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS."" UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Reach Infinity USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section will continue to apply.
#### Your Data
Reach Infinity does not own your data. It belongs to you.
By using our products, you give Ravendesk Technoloiges permission to do certain things with your data so that we can run our service. For example, you give us permission to back it up, send it over a network, index it for searching, display it on your various devices, etc. Some of these operations may require us to send your data to our normal business partners–such as a network operator–that we have contracted with to provide parts of the Reach Infinity Service. Before we do this, we’ll always make sure that our contracts with such partners protect your ownership rights.
Other than giving us the permission to perform these limited operations so we can run the Reach Infinity Service, you retain all the rights to your data.
Your privacy in your Content is a paramount concern for us, and we hope that we never need to examine anyone’s Content. However, there are limited circumstances in which we may have the need to review part or all of your Content, as discussed below.
Reach Infinity is not in the business of selling or renting your information. We only disclose your information - and then only the minimum information necessary when...
- We have your explicit consent to share the information.
- We need to share your information with service providers who process data on our behalf in order to operate the Service and/or complete your payment transactions; and these providers are subject to strict data protection requirements in keeping with our commitments under our US-EU and US-Switzerland Safe Harbor certifications as discussed below.
- We need to share your information with service providers to fulfill your product or service requests, including sales, delivery and support for certain products.
- We need to share your information with resellers of a Paid Service or product in order to ensure accuracy in the payment for such Paid Service or product, the management of your account and the delivery of your purchase and related support services.
- We believe it is necessary to investigate potential violations of our Terms of Service, to enforce those Terms of Service, or where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons, property or the systems on which we operate the Service.
- We determine that the access, preservation or disclosure of information is required or permitted by law to protect the rights, property or personal safety of Reach Infinity and users of the Service, or is required to comply with applicable laws, including compliance with warrants, court orders or other legal process.
- We do so in connection with the sale or reorganization of all or part of our business, as permitted by applicable law.
#### Acceptable Content
You warrant and represent that your published data and content will comply with these terms and conditions. It must not
- be libellous or maliciously false.
- be obscene or indecent.
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
- infringe any right of confidence, right of privacy or right under data protection legislation.
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity.
- depict violence in an explicit, graphic or gratuitous manner.
- be pornographic, lewd, suggestive or sexually explicit.
- constitute spam.
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.