Last updated: December 8, 2023

Find most recent Terms and Conditions at https://RiseAngle.com/terms

Please read these Terms and Conditions (“Terms” or “Terms of Use”) carefully before accessing or using the website at www.riseangle.com and all related websites, software, tools, generators, apps, games, content, and/or plug-ins (together the “Service”, “Content” or “Website”) or by purchasing and owning a RiseAngle Membership (“Membership” or “RAM”) made available by RiseAngle, Inc (“RiseAngle”, “us”, “we” or “our”).

1. Acceptance of Terms

1.1. The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand these Terms. BY PURCHASING, DOWNLOADING AND/OR INSTALLING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOU HAVE READ AND UNDERSTAND AND ACCEPT THESE TERMS OF USE AND YOU AGREE AND UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY LOCATED AT https://RiseAngle.com/privacy-policy.

1.2. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

1.3. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

2. Rules of Conduct

By agreeing to these Terms of Use you acknowledge that you may not:

• Impersonate another person (including celebrities); indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.
• Attempt to get a password, account information, or other private information from any user.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
• Attempt to use the Service on or through any service that is not controlled or authorized by us.

3. Intellectual Property; License to Users

3.1. Subject to your compliance with these Terms, you may access and use the Services.

3.2. The Services are protected by copyright, trademark and/or other protective rights and are subject to copyright law and other protective laws. RiseAngle is the rightful owner or licensee of all rights to the Content and Services.

3.3. In circumstances where RiseAngle creates and sells the Content (including but not limited to NFTs), RiseAngle will still reserve all the rights to future commercialization of the Content in any capacity we perceive appropriate, whether it would be creating other commercial products or Content, selling the Content directly, repurposing the Content, and all other cases.

3.4. RiseAngle, Inc License

For all Content made available for download through the Membership, RiseAngle grants you an irrevocable, perpetual, non-exclusive, royalty-free license to download, copy, modify, distribute, perform, and otherwise use the Content, including for commercial purposes, without attributing RiseAngle. The RiseAngle, Inc License does not include:

• the right to compile any Content to replicate a similar or competing Service;
• the right to sell copies of the Content without first updating, modifying, or otherwise incorporating new creative elements into the Content (i.e., selling unaltered copies of photos, videos or other content), including selling the Content as prints or printed on physical goods.

4. Restrictions on use of the Service and Content

4.1. You represent and warrant to RiseAngle that by downloading the Content or using the Service you will NOT:

• impersonate any other person, e.g. a representative of RiseAngle or impersonate any non-existent relationship with such persons;
• use the Content and/or Website for the publication and/or transmission of “junk mails”, chain letters, unsolicited bulk emails, etc., or for any other purpose. (“spamming”);
• use or exploit any metatags or other hidden texts containing the name or trademark of RiseAngle without the express written consent of RiseAngle;
• interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
• interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
• copy the look and feel of the Website.

4.2. Furthermore, despite the RiseAngle, Inc License provided to you by RiseAngle hereunder you agree to NOT use any RiseAngle Content or Service made available (in whole or in part):

• to portray any person or character depicted in the Content (a “Person”) in a way that a reasonable person would find offensive, including but not limited to depicting a Person: a) in connection with pornography, adult entertainment venues, escort services, dating services, or the like; b) in connection with the endorsement of products and services (i.e. statement made to the Person highlighting the benefits or recommending products/services to the public) ; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities;
• in a pornographic, defamatory, violent context, deceptive context, or in a manner that could be considered libelous, obscene, or illegal;
• as a trademark, service mark, logo or other indication of origin, or as part thereof;
• in a manner that infringes upon any third party’s copyright, trademark or other intellectual property, or gives rise to a claim of deceptive advertising or unfair competition;
• falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than RiseAngle;
• access, download, copy, modify, distribute, perform, or use any Content to create a similar or competitive service or to contribute the Content to an existing similar or competitive service.

5. User Content

5.1. The Website or Service may allow users to submit, post, or generate comments and content in various places (“User Content”).

5.2. You grant us a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your User Content and that your User Content may be made available to the public for their use without providing you attribution or compensation.

5.3. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded, posted, or generated the User Content on the Service. Each time you upload, post, or generate User Content, you represent and warrant to us that:

• you are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service;
• your User Content does not create a risk to a person’s safety, privacy, security or health;
• your User Content does not promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• your User Content does not falsely express or imply that such content is sponsored or endorsed by us.
• your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.

5.4. We retain our sole discretion to determine which User Content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of User Content within the Website or Service. We do not guarantee that all User Content will be published, in general or for any limited time.

5.4. There is no reasonable way for us to monitor all of the User Content that gets uploaded, posted, or generated on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload, post, or generate on the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.

6. Digital Millennium Copyright Act

6.1. We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact us at https://RiseAngle.com/contact-us

6.2. Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
• a statement from you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

6.3. We will suspend (without notice) the access to the Services of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.

7. Violation of Terms and Termination of Use

7.1. RiseAngle reserves the right to restrict or suspend your access to the Services or Content in whole or in part at any time, without prior notice, if there are reasonable grounds for suspecting violations by you of these Terms and/or the applicable Conditions of Participation.

7.2. RiseAngle expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.

7.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranty; Links to other third party sites

8.1. The use of the Service and Content is at your own risk. The Website, the Service, and the Content are offered to you on an “as is” and “as available” basis. We do not warrant that the Website, Services, or Content will always be uninterrupted, current, timely, secure, error-free or suitable for use for any particular purpose or to achieve any particular result.

8.2. RiseAngle does not guarantee that the content on the Website or on linked other sites is correct or complete. The content of the users or third party sites does not reflect our opinions or views on life. The presence of links to other websites does not imply that RiseAngle endorses or recommends the linked website. RiseAngle has no influence on the contents of the linked external sites and is not responsible for them. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. RiseAngle is also not responsible for the advertising of third parties published on the Website or for the goods or services offered therein.

8.3. If RiseAngle becomes aware of any violations of the law through content, links to third-party websites or advertising published on the website, RiseAngle will immediately delete such content, links or advertising.

8.4. RiseAngle accepts no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures or unauthorized access or theft, destruction or modification of user communications. Likewise, RiseAngle is not liable for problems or technical malfunctions in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or for failures of e-mails or players due to technical problems or data jams on the internet and/or one of the Service or Content, unless these are within the sphere of influence of RiseAngle.

8.5. Any Service is provided solely for informational purposes and should not be used as a basis for any investment or other purpose.

9. Privacy

Personal information gathered in connection with your use of the Service shall be held by RiseAngle in compliance with RiseAngle’s Privacy Policy, which is incorporated herein by reference. See our Privacy Policy at http://riseangle.com/privacy-policy for information and notices concerning our collection and use of your personal information.

10. Indemnification

You agree to defend, indemnify and hold RiseAngle and its licensee and licensors, and their employees, contractors, agents, officers and directors harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with (i) your use and access to the Website, Service, and/or Content; (ii) your violation of these Terms; (iii) infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you or your Content. The indemnity obligation includes the reasonable costs of legal defense, in particular lawyer’s fees, necessary to defend against such claims.

11. Limitation Of Liability

In no event shall RiseAngle nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. Governing Law

12.1. These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

12.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

14. Changes

14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

14.2. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Contact Us

If you have any questions about these Terms, please contact us using the form here: https://RiseAngle.com/contact-us.

16. Miscellaneous

16.1. These Terms, together with the applicable Conditions of Participation, our Privacy Policy, and any other legal provisions published by us on the Website, constitute the sole agreement between you and RiseAngle regarding your use of the Website, Services, and Content.

16.2. Should individual clauses of these Terms be wholly or partially invalid or should these Terms contain gaps, this shall not affect the validity of the remaining Terms.