Photo SOFTWARE TERMS OF SERVICE AND LICENSE AGREEMENT

THIS LEGAL AGREEMENT BETWEEN YOU AND RT EVENT PRODUCTIONS GOVERNS YOUR USE OF THE RT EVENT PRODUCTIONS, INC Photo PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

RT Event Productions, INC is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as athlete, guardian, coach, program and producer information - addresses, phone numbers, legal names, email addresses, birth certificates, driver’s license and other personally identifiable information) and making it accessible to Event Producers that RT EVENT PRODUCTIONS, INC partners with at the time of registration for an event, and certain location based services, only under the terms and conditions set forth in this Agreement.

I. REQUIREMENTS FOR USE OF THE SERVICE.

A. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 13 years old and your user account was provided to you as a result of a request by your parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.  Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.

To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.

B. Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. RT Event Productions, INC reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of compatible web browsers (“Google Chrome” and “Firefox”) may be required for certain transactions or features. You agree that meeting these requirements is your responsibility. 

C. Limitations on Use.  You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, image, video or documents) is prohibited and may prevent you from adding new images, video or documents. If your use of the Service or other behavior intentionally or unintentionally threatens RT EVENT PRODUCTIONS, INC’s ability to provide the Service or other systems, RT EVENT PRODUCTIONS, LLC shall be entitled to take all reasonable steps to protect the Service and RT EVENT PRODUCTIONS, INC’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.

D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and RT EVENT PRODUCTIONS, INC makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.

E. Changing the Service.  RT Event Productions, INC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that RT EVENT PRODUCTIONS, INC will give you 30 days’ advance notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of RT Event Productions, INC’s reasonable control. RT EVENT PRODUCTIONS, INC shall not be liable to you for any modifications to the Service or terms of service made in accordance with this Section IE.

II. GENERAL.

A. The RT EVENT PRODUCTIONS, INC software and any third party software, content, documentation, fonts and any data accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "RT EVENT PRODUCTIONS, INC Software") are licensed, not sold, to you by RT EVENT PRODUCTIONS, INC ("RT Event Productions”) for use only under the terms of this License. RT Event Productions and/or RT EVENT PRODUCTIONS licensors retain ownership of the RT EVENT PRODUCTIONS, INC Software itself and reserve all rights not expressly granted to you.

B. RT EVENT PRODUCTIONS, INC, at its discretion, may make available future upgrades or updates to the RT EVENT PRODUCTIONS, INC Software for your compatible web browser (“Google Chrome” and “Firefox”). The RT EVENT PRODUCTIONS, INC Software upgrades and updates, if any, may not necessarily include all existing software features or new features that RT EVENT PRODUCTIONS, INC releases for newer or other derivative features of the Photo Software. The terms of this License will govern any software upgrades or updates provided by RT EVENT PRODUCTIONS, INC that replace and/or supplement the original RT EVENT PRODUCTIONS, INC Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern such upgrade or update.

C. Title and intellectual property rights in and to any content displayed by or accessed through the RT EVENT PRODUCTIONS, INC Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

III. FEATURES AND SERVICES.

A. Use of Location-based Services

RT Event Productions, INC and its partners and licensors may provide certain features or services that rely upon device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations. To provide such features or services, where available, RT EVENT PRODUCTIONS, INC and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your Photo account (“Account”) and any devices registered thereunder, including but not limited to your email, device ID and name, and device type. 

You may withdraw consent to RT EVENT PRODUCTIONS, INC and its partners’ and licensors’ collection, use, transmission, processing and maintenance of location and Account data at any time by disabling geolocation sharing in your compatible web browsers (“Google Chrome” and “Firefox”). When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. RT EVENT PRODUCTIONS, INC shall use reasonable skill and due care in providing the Service, but neither RT EVENT PRODUCTIONS, INC nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.

B. Your Data

1.  Photos and Video. When you upload photos/videos, your photos, videos, metadata and any edits that you make in the Photos App on your iOS device, macOS computer, Android Device or Windows PC will be automatically uploaded and stored in Photo. The photo and video resolution may vary depending on the requirements of the service.

2. Documents and Forms. When you upload documents and forms the format may be automatically converted to another format for use within Photo.

3. Diagnostic and Usage Data. You agree that RT EVENT PRODUCTIONS, INC and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your web browsers, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the RT Event Productions, INC Software, and to verify compliance with the terms of this License. RT EVENT PRODUCTIONS, INC may use this information, to provide and improve RT EVENT PRODUCTIONS, INC’s products and services. To enable RT EVENT PRODUCTIONS, INC’s partners and third party developers to improve their software, hardware and services designed for use with RT EVENT PRODUCTIONS, INC products, RT Event Productions, INC may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services.

C. Third Party Apps. If you sign in to certain third party Apps with your RT EVENT PRODUCTIONS, LLC credentials, you agree to allow that App to store data in your personal RT EVENT PRODUCTIONS, INC account and for RT EVENT PRODUCTIONS, LLC to collect, store and process such data on behalf of the relevant third-party App Developer in association with your use of the Service and such Apps.

IV. PAYMENT PROCESSING.

A. Payment

By registering for an event you are entering a contract with the Event Producer (“the event provider”).

By paying for a registration transaction your credit card and/or bank account will be processed on behalf of the event provider by RT Event Productions, INC.

RT Event Productions, INC may reserve a portion of your payment as the Application Fee charged to the event provider, this Application Fee will not affect your account due balance.

You can change your payment preferences in the billing preferences app bar.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING RT EVENT PRODUCTIONS, INC WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If RT EVENT PRODUCTIONS, INC is unable to successfully charge your credit card or payment account for fees due, RT EVENT PRODUCTIONS, INC reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Billing Preferences section of Photo; this may temporarily disrupt your access to the Services while RT EVENT PRODUCTIONS, INC verifies your new payment information. We may contact you via email regarding your account, for reasons including, without limitation, reaching or exceeding your storage limit. 

If you are in Brazil, notwithstanding anything herein to the contrary:

For any charges made by RT EVENT PRODUCTIONS, INC to you, RT Event Productions, INC may use an affiliated company to perform activities of collection and remittances to charge any amounts owed by you in connection with your account.  In addition, your total price will include the price of the upgrade plus any applicable credit card fees. You are responsible for any taxes applicable to you except for any applicable withholding taxes which shall be collected by RT EVENT PRODUCTIONS, INC’s affiliated company. You must provide all account information required by RT Event Productions, INC to enable such transactions. You acknowledge and agree that if you do not provide all required account information, RT EVENT PRODUCTIONS, INC shall have the right to terminate your account. 

V. YOUR USE OF THE SERVICE.

A. Your Account

As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify RT EVENT PRODUCTIONS, INC of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, RT EVENT PRODUCTIONS, INC shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.

In order to use the Service, you must enter your email address and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that RT EVENT PRODUCTIONS, INC may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.

B. Use of Other RT EVENT PRODUCTIONS, INC Products and Services

Particular components or features of the Service provided by RT EVENT PRODUCTIONS, LLC and/or its licensors, including but not limited to the ability to purchase event photographs, event videos, or merchandise (additional fees apply), require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

C. No Conveyance

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a domain name, user id, or similar resource used by you in connection with the Service.

D. No Right of Survivorship

Unless otherwise required by law, You agree that your Account is non-transferable and that any rights to your user account or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact RT Event Support at support@rtevent.com.com for further assistance.

E. No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

VI. CONTENT AND YOUR CONDUCT.

A. Content

“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not RT EVENT PRODUCTIONS, LLC, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. RT EVENT PRODUCTIONS, INC does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

B. Your Conduct

You agree that you will NOT use the Service to:

a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

b. stalk, harass, threaten or harm another;

c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;

d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Photo user, an RT Event Productions, INC employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (RT EVENT PRODUCTIONS, INC reserves the right to reject or block any user account or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;

g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);

h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;

i. interfere with or disrupt the Service (including accessing the Service through any automated means, likeillegalscripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

j. plan or engage in any illegal activity; and/or

k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

C. Removal of Content

You acknowledge that RT EVENT PRODUCTIONS, INC is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, RT EVENT PRODUCTIONS, INC reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

D. Back up Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. RT EVENT PRODUCTIONS, INC shall use reasonable skill and due care in providing the Service, but RT EVENT PRODUCTIONS, LLC does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

E. Access to Your Account and Content

RT Event Productions, INC reserves the right to take steps RT Event Productions, INC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that RT EVENT PRODUCTIONS, INC may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as RT EVENT PRODUCTIONS, INC believes is reasonably necessary or appropriate, if legally required to do so or if RT EVENT PRODUCTIONS, INC has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of RT Event Productions, INC, its users, a third party, or the public as required or permitted by law.

F. Copyright Notice - DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact support@rtevent.com. RT EVENT PRODUCTIONS, INC may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.

G. Violations of this Agreement

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to support@rtevent.com

H. Content Submitted or Made Available by You on the Service

1. License from You. Except for material we may license to you, RT EVENT PRODUCTIONS, INC does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant RT EVENT PRODUCTIONS, INC a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.

2. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, RT EVENT PRODUCTIONS, INC may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits RT EVENT PRODUCTIONS, INC to take any such actions.

VII. PERMITTED LICENSE USES AND RESTRICTIONS.

A. License. Subject to the terms and conditions of this License, you are granted a limited, non-transferable, non-exclusive license to install and use the RT EVENT PRODUCTIONS, INC Software on any compatible web browser (“Google Chrome” and “Firefox”) that you own or control. You may not distribute or make the RT Event Productions, INC Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the RT EVENT PRODUCTIONS, INC Software.

B. System Requirements. RT EVENT PRODUCTIONS, INC Software is supported only on compatible web browsers (“Google Chrome” and “Firefox”) that meets specified system requirements as indicated by RT EVENT PRODUCTIONS, INC.

C. Volume or Maintenance License. If you obtained the RT Event Productions, INC Software under a volume or maintenance license program with RT EVENT PRODUCTIONS, INC, the terms of your volume or maintenance license will determine the number of copies of the RT Event Productions, INC Software you are permitted to use and run on RT Event Productions, INC compatible web browsers (“Google Chrome” and “Firefox”) you own or control. Except as agreed to in writing by RT EVENT PRODUCTIONS, INC, all other terms and conditions of this License shall apply to your use of the RT EVENT PRODUCTIONS, INC Software obtained under a volume or maintenance license.

D. No Reverse Engineering. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the RT Event Productions, INC Software or any services provided by the RT Event Productions, INC Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the RT Event Productions, INC Software). Any attempt to do so is a violation of the rights of RT EVENT PRODUCTIONS, INC and its licensors of the RT Event Productions, INC Software. If you breach this restriction, you may be subject to prosecution and damages.

E. Compliance with Laws. You agree to use the RT EVENT PRODUCTIONS, LLC Software and the Services (as defined in Section III above) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the RT EVENT PRODUCTIONS, INC Software and Services.

F. Third Party Software. RT EVENT PRODUCTIONS, INC may provide access to certain third party software or services as a convenience. To the extent that the RT EVENT PRODUCTIONS, INC Software contains or provides access to any third party software or services, RT EVENT PRODUCTIONS, LLC has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.

G. Digital Materials. Except as may be provided herein, you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the RT EVENT PRODUCTIONS, INC Software, or otherwise use the Digital Materials outside the context of its intended use as part of the RT EVENT PRODUCTIONS, INC Software.

H. Photo Features and Support. The RT EVENT PRODUCTIONS, INC Software may not support some video and photo formats. Use of some features of the RT EVENT PRODUCTIONS, INC Software will depend on the features of your camera. You understand and agree that sharing your photos via a third party service requires compliance with the terms and conditions of that service. Synchronizing photos with the RT Event Productions, INC Software and your computer or any RT Event Productions, INC or third party services may result in loss of data. Receiving a new version of a photo shared with the RT Event Productions, INC Software on your compatible web browsers (“Google Chrome” and “Firefox”) may cause a previously stored version of the photo to be overwritten. Synchronizing or sharing photos with the RT EVENT PRODUCTIONS, INC Software may cause additional data about your photos, including photo location data, to be transmitted with the photos. Location data may not be available for all areas and is provided solely as a convenience to you. Neither RT EVENT PRODUCTIONS, LLC nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.

VIII. TERMINATION. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from RT EVENT PRODUCTIONS, INC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the RT Event Productions, INC Software and destroy all copies, full or partial, of the RT EVENT PRODUCTIONS, INC Software. Sections III, VIII, IX, X, XI, XIII and XIV of this License shall survive any such termination.

IX. DISCLAIMER OF WARRANTIES.

A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE RT EVENT PRODUCTIONS, INC SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE RT EVENT PRODUCTIONS, INC SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RT Event Productions, INC SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RT EVENT PRODUCTIONS, INC AND RT EVENT PRODUCTIONS, INC'S LICENSORS (COLLECTIVELY REFERRED TO AS "RT EVENT PRODUCTIONS, INC" FOR THE PURPOSES OF SECTIONS IX AND X) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RT EVENT PRODUCTIONS, INC SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

C. RT EVENT PRODUCTIONS, INC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE RT EVENT PRODUCTIONS, INC SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE RT EVENT PRODUCTIONS, INC SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE RT EVENT PRODUCTIONS, INC SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE RT EVENT PRODUCTIONS, INC SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE RT EVENT PRODUCTIONS, INC SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

D. YOU FURTHER ACKNOWLEDGE THAT THE RT EVENT PRODUCTIONS, INC SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE RT EVENT PRODUCTIONS, INC SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE.

E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RT EVENT PRODUCTIONS, LLC OR AN RT EVENT PRODUCTIONS, INC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE RT EVENT PRODUCTIONS, INC SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

X. LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL RT Event Productions, INC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE RT EVENT PRODUCTIONS, INC SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE RT EVENT PRODUCTIONS, LLC SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RT EVENT PRODUCTIONS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall RT EVENT PRODUCTIONS, INC's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

XI. EXPORT CONTROL.

You may not use or otherwise export or re-export the RT EVENT PRODUCTIONS, LLC Software except as authorized by United States law and the laws of the jurisdiction in which the RT EVENT PRODUCTIONS, INC Software was obtained. In particular, but without limitation, the RT Event Productions, INC Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the RT EVENT PRODUCTIONS, INC Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the RT EVENT PRODUCTIONS, INC Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

XII. GOVERNMENT END USERS.

The RT EVENT PRODUCTIONS, INC Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

XIII. CONTROLLING LAW, VENUE AND SEVERABILITY.

This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Stanislaus County, California, USA, and you and RT EVENT PRODUCTIONS, LLC each consents to personal jurisdiction in those courts.

XIV. COMPLETE AGREEMENT; GOVERNING LANGUAGE.

This License constitutes the entire agreement between you and RT Event Productions, INC relating to the use of the RT EVENT PRODUCTIONS, INC Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by RT Event Productions, INC. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

XV. THIRD PARTY ACKNOWLEDGEMENTS.

Portions of the RT EVENT PRODUCTIONS, INC Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the RT EVENT PRODUCTIONS, INC Software, and your use of such material is governed by their respective terms.