Terms of Use

WEREWATCHERS

TERMS OF USE

 

Last Modified:  April 24, 2014

Introduction.  Welcome to the collective group of websites known as “The Wyr Deception,” which includes werewatchers.com among other websites. We hope you enjoy your visits to our sites, the concepts, the storyline and features of what we believe is a compelling web-based journey into a unique narrative world with exciting interactive features that we have invited you to join.  We want to make certain that you understand the legal terms and conditions by which you are participating as an online visitor, user and (we hope) eventual paying customer of The Wyr Deception.

BEFORE YOU BEGIN YOUR EXPLORATION, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

ARTICLE I.   YOU AGREE AND ACKNOLWEDGE THAT THIS IS A BINDING CONTRACT.

Binding Agreement.  Please read the Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use the Website.

TOU Updates.  We will notify you of any changes or updates to the Terms of Use, and you will click to accept or agree to such updated Terms of Use when this option is made available to you, to accept and agree to be bound and abide by any updated Terms of Use; until such action by you, the prior existing version of the Terms of Use will apply to you.

ARTICLE II.  INTRODUCTION TO THE WYR DECEPTION, THE WEBSITE, SERVICES AND APPLICATIONS.

What is the Terms of Use?  The Wyr Deception and the WyrDeception.com web site (the “Website”) is provided by Rio Create LLC (“Rio Create”, “we” or “our”), a Delaware limited liability company, and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of the Terms of Use and the Privacy Policy, found at http://wyrdeception.com/privacy, incorporated into the Terms of Use by reference, any and all modifications thereto, and the rules that may be published from time to time by Rio Create (together with the Privacy Policy, the “Terms of Use”).  The Terms of Use govern your use of any online Interactive Story (as defined below) experiences.

What is The Wyr Deception and How Does Your Journey Extend Beyond the Website?   The Website is a starting place for your journey into The Wyr Deception, which may be expanded with new or updated installments of content, features, and functionality from time to time.  While a limited amount of content and features are free for registered users, most installments must be activated through subscription or a la carte payment by the user. Such features, may include a chat room, message board, newsgroup, or other interactive service that may be available to you on or through the Website (collectively, the “Services”), or any software program, applications or apps, which include without limitation, any functionality, such as instant messages, chat areas, bulletin boards, e-mail functions, that allow you to enhance your experience on the Website (collectively, the “Applications”).  The Website, its Content (as defined below) and any Services (or in each case, any related Application) are collectively referred to as the “Interactive Story.”

ARTICLE III.  USER AGE.

Because Rio Create provides, on occasion, content that has references to alcoholic beverages, including beer, wine and spirits, Rio Create is not intended for users under 13 years of age.

To access the Services and subscribe to them, you are required to confirm that you are at least 13 years of age at the time you subscribe by checking the acknowledgment check box on our registration page.

If you are at least 13 years of age, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Interactive Story. Please have him or her read this Agreement with you.

IMPORTANT NOTICE TO PARENTS AND GUARDIANS:
By granting your child permission to use the Interactive Story, you agree to the Terms of Use (including without limitation the Privacy Policy found at:  [INSERT URL], incorporated into this Terms of Use by reference) on behalf of your child.  You are responsible for monitoring and supervising your child’s use of the Interactive Story.  If your child is using the Interactive Story and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.  If you have questions about whether the Interactive Story is appropriate for your child, please contact us.
WARNING FOR PARENTS/GUARDIANS AND USERS:
Even if you are old enough to use the Interactive Story and/or have your parent’s or guardian’s permission, some of the content available within the Interactive Story may not be appropriate for you.  Some content or material may contain material intended for a more adult audience, including nudity, profanity, and other mature subject matter, that may be very disturbing.

ARTICLE IV.  RIO CREATE’S INTELLECTUAL PROPERTY RIGHTS AND CONTENT; LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS.

Rio Create Intellectual Property in Content and Marks.  The materials contained in the Interactive Story, including all trademarks, names, logos, stories, narratives, videos, graphics, designs, text, images, software and other content and materials displayed on the Interactive Story (collectively the “Rio Create Content”) and the manner of presentation of such Rio Create Content, unless otherwise indicated, constitute the exclusive property of Rio Create, its affiliates, third party providers and/or any licensors (the “Rio Create Partners”), all of which is protected by, without limitation, U.S. and/or foreign copyright, trademark or other proprietary or intellectual rights and laws.  All logos, trade names, trademarks, service marks, brand names, and other indicia of origin, whether or not registered (collectively the “Marks”) displayed on the Interactive Story are the property of Rio Create or the Rio Create Partners.  By using the Interactive Story, you are acknowledging and agreeing to ownership by Rio Create or the Rio Create Partners in or to the Rio Create Content and the Marks, and agree not to challenge or assert any competing rights therein.

You may not make use of any of the Rio Create Content of the Interactive Story, nor any of the Marks, without the prior written consent of Rio Create or the Rio Create Partners in each instance.   Except as otherwise specifically provided in this Terms of Use, you may not copy, download, reproduce, video record, republish, display, upload, transmit, post, or otherwise disseminate or distribute any of the Rio Create Content of the Interactive Story and the Marks in any form or by any means, including electronic, mechanical, photocopying, recording, posting to another website or blog, or otherwise.   Furthermore, you agree not to download, copy or retrieve data or other Rio Create Content from the Interactive Story for the purpose of creating or developing a database, compilation, report or directory without our written permission.   You may not mirror or archive any part of the Interactive Story or any material contained on the Interactive Story on any server or computer without our written permission.  Downloading of any information or Content from the Interactive Story does not transfer any right or ownership of such Content to you.

Limited Non-Commercial License To Use Applications.  We may offer you the ability to use certain Applications.  The Applications that are made available to you are the copyrighted work of Rio Create or the Rio Create Partners.  The use of each Application is governed by the end user license agreement (“EULA”) that accompanies or is included in the Application or is expressly stated on the Website pages accompanying the Application and the Terms of Use.  In the event that no EULA accompanies the Application, then the Terms of Use shall govern your use of the Application.  Once you download and/or use any Application from the Website, you represent and warrant that you agree to the EULA, if any, and the Terms of Use. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.  We may cease support of any Application at any time in our sole discretion or terminate your use of or access to any Application.  Applications you use or download from the Website may contain third party digital rights management systems (“DRMS”) that may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use).  These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.

 

ARTICLE V.  USER CONDUCT.

The Interactive Story, email distribution and any communications service, including the capability to contribute content, content material ideas or any other ideas by email or by use of a contribution form (each such submission, a “Contribution”), and Services are provided to you solely for entertainment purposes.

In order to create an account on the Website (or any related Application) and to participate in the Interactive Story, you must register for an account (“Account“).  Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store when you register for an Account.  We will ask you to (1) provide true, accurate and complete information about yourself in the registration form; (2) maintain and promptly update such information; and (3) establish a username and password which you will keep secure.  Rio Create shall have no liability associated with or arising from your failure to maintain accurate registration information.  You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms of Use.  You are responsible for maintaining the confidentiality of your username, passwords and other access credentials which allow you use and access the Interactive Story.  If any information provided by you is untrue, inaccurate, not current or incomplete, Rio Create reserves the right to terminate your subscription, including access to your Account, and refuse any and all current or future use of the Services in its sole discretion.  Upon termination of your Account, you will forfeit any and all monies paid by you to Rio Create for virtual goods, access to modules or other features associated with the Web Site or The Wyr Deception.   The provisions of Articles I through V and XIV through XX will survive termination of this Agreement.

Without limitation of the foregoing, you agree to not use the Interactive Story to directly or indirectly:

•          Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively,  including Rio Create Content, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful,or that would constitute a criminal offense as abusive, hateful or vulgar, that would give rise to civil liability or that would infringe the legal rights of others, including to privacy or publicity, or that would infringe the intellectual property rights of Rio Create or others;

•          “Stalk” another;

•          Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

•          Harm minors in any way;

•          Impersonate any person or entity, including, but not limited to, a Rio Create official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

•          Use the Interactive Story, any of its Content or any linked website for any fraudulent purpose or in any manner designed to conceal from Rio Create or mislead Rio Create concerning your identity or location, such as by using fictitious addresses, or addresses where you do not currently reside, creating fictitious identities, fake physical or e-mail addresses, etc., attempt to impersonate any other user of the Interactive Story, or attempt to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Interactive Story;

•          Provide a false or fraudulent IP address when accessing the Interactive Story, use a service or program that will enable you to mask or conceal your actual IP address, or use a program or service to route your requests to the Interactive Story through multiple IP addresses when the purpose of such routing is to obscure your actual IP address;

•          Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

•          Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

•          Conduct, transmit upload, post, publish, email, reproduce, distribute or otherwise transmit any surveys, contests, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation for goods, services or donations, or use the Interactive Story for commercial purposes or harvest or otherwise collect information about others, including, without limitation, e-mail addresses without their consent in connection with such improper purposes;

•          Harvest, collect or store information about the users of the Interactive Story or the Content posted by others on the Interactive Story or use such information for any purpose inconsistent with the purpose of the Interactive Story or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications;

•          Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

•          Send, distribute or allow your computer to be a conduit or ‘bot” for the purpose of sending or distributing “spam,” or to engage in “phishing” attempts seeking to access or obtain the personal information of other users;

•          Act in a manner that negatively affects other users’ ability to engage in the Interactive Story or the Services;

•          Use the Interactive Story, or any third party website with a link to the Interactive Story , or any services offered or available herein or therein, in any manner designed to or having the effect of interfering with, damaging, disabling, overburdening, or impairing the proper working of the Interactive Story, any third party website with a link to the Interactive Story or the services offered or available by any of such websites;

•          Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Interactive Story or the Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;

•          Use any “deep-link,” “scraper,” “robot,” spider,” search or retrieval application or other automatic device, program, algorithm or methodology designed or for the purpose of accessing, obtaining, retrieving, viewing, corrupting, changing, copying or monitoring all or any portion of the Interactive Story or its Content, or any Linked Site (as defined below) (whether accessed through the links provided herein or otherwise);

•          Attempt to gain unauthorized access to any portion of the Interactive Story not intended to be accessed by the public or users other than Rio Create’s employees, third party partners or agents responsible for the design, operation and maintenance of the Interactive Story, or access to any computer, server, account, network, software, or hardware associated with the Interactive Story, from which you are restricted;

•          Probe, scan or test vulnerabilities of the Interactive Story or the services offered herein or tamper with system resources or accounts (e.g., using password guessing programs, cracking tools or network probing tools, etc.) of the Interactive Story;

•          Interfere with or disrupt the Service or servers or networks connected to the Service (including without limitation sending, distributing or allowing your computer to be a conduit for a denial of service attack on the Interactive Story or on the website of any other person or party), or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

•          Intentionally or unintentionally violate any applicable local, state, national or international law.

•          Use, frame, or utilize framing techniques to enclose any Mark or Content, use mega tags or other “hidden text” utilizing a Mark, or otherwise violate the trademark, copyright or other intellectual property rights of Rio Create, any Rio Create Partner, any other person or entity, or any other applicable laws or regulations;

•          Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Interactive Story; or

•          Post hyperlinks to other websites that contain or perform any of the prohibited items or actions listed above.

Rio Create reserves the right to investigate suspected violations of these Terms of Use.   Rio Create further reserves the right to terminate your access to all or any portion of the Interactive Story or to any or all of its services at any time without notice for any reason whatsoever.  If we have reason to suspect that you have been involved in any violation of system security, Rio Create reserves the right, without notice, to release your details to system administrators at other websites in order to assist in resolving security incidents.

ARTICLE VI.  RULES RELATING TO CONTENT.

Content may Disappear, Change or be Preserved and be Disclosed at Rio Create’s Discretion.

Any or all Content on the Interactive Story may be purged, changed or modified periodically in Rio Create’s sole discretion, without prior notice.

You acknowledge and agree that Rio Create may preserve Content at its sole discretion, subject to applicable law, and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Rio Create, its users or the public.

You understand that the technical processing and transmission of the Interactive Story, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Rio Create assumes no responsibility for the deletion or failure to store Contributions to the Interactive Story.

You Should Not Rely on the Accuracy, Completeness or Usefulness of Any Content.

Remember, The Wyr Deception is a work of fiction, interactive narrative and a game.   It may be an immersive user experience (or at least we hope so!) – however, there are important considerations you must acknowledge and agree to in using the Interactive Story.

Nature of Content and Limitations Generally.

You acknowledge that Rio Create is not responsible for Contributions. Rio Create does not pre-screen, monitor, review or edit Contributions.  However, Rio Create and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Rio Create’s judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate or inaccurate.  Rio Create is not responsible for any failure, non-failure or delay in removing such Content.  You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Rio Create. You agree to immediately notify Rio Create of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content.  You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Rio Create or submitted to Rio Create, including Content. You further acknowledge and agree that the views expressed on the Interactive Story do not necessarily reflect the views of Rio Create, and Rio Create does not support or endorse Content (including any Contribution, whether or not edited by Rio Create or its designee or presented on the Interactive Story edited or unedited, in whole or in part, or alone or with other Content).

Rio Create may update the Content on the Interactive Story from time to time, but its Content is not necessarily complete or up-to-date.  Any of the material on the Interactive Story may be out of date or incorrect at any given time, and we are under no obligation to update such material.

ARTICLE VII.  ACCESS TO PASSWORD PROTECTED/SECURE AREAS.

Access to and use of password protected and/or secure areas of the Interactive Story is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Interactive Story may be subject to prosecution.  If you use the Interactive Story, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session.  You agree to notify Rio Create immediately of any unauthorized use of your account or any other breach of security.

ARTICLE VIII.  RESTRICTIONS ON USE OF MATERIAL.

The Content on the Interactive Story is intended for entertainment purposes only.  Except as expressly permitted, you agree not to use the Interactive Story for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Interactive Story.  Only if you obtain prior written consent from Rio Create (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Interactive Story.  To seek permission, you may write to Rio Create at the address provided below.  If permission is granted by Rio Create and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Interactive Story.

ARTICLE IX.  UNSOLICITED MATERIALS.

In operating this site, Rio Create does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Interactive Story or Rio Create mail and email addresses, or in any other way.  Any information or material submitted or sent to Rio Create, will be deemed not to be confidential or secret.  By submitting or sending information or other material to Rio Create you represent and warrant that the information is original to you and that no other party has any rights to the material.

ARTICLE X.  LINKED SITES.

The Interactive Story may contain certain links to third parties’ websites (“Linked Sites”) from the Interactive Story.  Linked Sites are not, however, reviewed, controlled, or examined by Rio Create in any way and Rio Create is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.  These links do not imply Rio Create’s endorsement of or association with the Linked Sites.  It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.  In no event shall Rio Create be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.  You should direct any concerns to that site’s administrator or webmaster.  Rio Create reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Interactive Story and/or introduce different features or links to different users.

Permission must be granted by Rio Create for any type of link to the Interactive Story or any Rio Create Content.  To seek permission, you may write to Rio Create at the address listed below.  We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Interactive Story, at our discretion at any time.

ARTICLE XI.  LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES. 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Interactive Story may provide certain social media features that enable you to:

Permitted User Social Media / Linking Activities
•          Link from your own or certain third-party websites to certain content on the Interactive Story.
•          Send e-mails or other communications with certain content, or links to certain content, on the Interactive Story.
•          Cause limited portions of content on the Interactive Story to be displayed or appear to be displayed on your own or certain third-party websites.
•          You may use these features solely as they are provided by us, only with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

Prohibited User Social Media / Linking Activities
•          Establish a link from any website that is not owned by you.
•          Cause the Interactive Story or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
•          Link to any part of the Interactive Story other than the homepage.
•          Otherwise take any action with respect to the materials on the Interactive Story that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us to immediately cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable any or all social media features or any links, at any time, without notice, in our sole discretion.

 

ARTICLE XII.  PRIVACY POLICY.

All information we collect on the Interactive Story is subject to our Privacy Policy [INSERT URL], incorporated into this Terms of Use by reference.  By using the Interactive Story, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.   We are committed to protecting your privacy and security and have explained in detail in the Privacy Policy the steps we take to do so.  We urge you to read it.

ARTICLE XIII.  ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS.

 All purchases through our site or other transactions for the sale of goods or services or information (including access to other modules of The Wyr Deception) through the Interactive Story or as a result of visits made by you are using the PayPal service.  You agree to comply with the PayPal Acceptable Use Policy.

Additional terms and conditions may also apply to specific portions, services or features of the Interactive Story.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

ARTICLE XIV.  DISCLAIMER OF WARRANTIES.

THE INTERACTIVE STORY IS PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, RIO CREATE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE INTERACTIVE STORY, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. RIO CREATE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE INTERACTIVE STORY WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE INTERACTIVE STORY WILL BE UNINTERRUPTED OR ERROR-FREE. RIO CREATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE INTERACTIVE STORY. YOU (AND NOT  RIO CREATE OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Website or the Interactive Story will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE INTERACTIVE STORY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERACTIVE STORY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

RIO CREATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ARTICLE XV.  LIMITATION OF LIABILITY.

IN NO EVENT WILL RIO CREATE, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICES, EVEN IF RIO CREATE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. 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, RIO CREATE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ARTICLE XVI.  INDEMNIFICATION.

You agree to defend, indemnify and hold Rio Create and Rio Create Partners, and their respective affiliates, officers, directors, managers, managing members, members, consultants, employees agents, licensors, suppliers, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Interactive Story, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use or the rights of a third party by you (including, but not limited to, any Content contributed by you, directly or indirectly, or your use of any information obtained from the Interactive Story).  Rio Create reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate promptly in all respects with Rio Create in asserting any available defense.

ARTICLE XVII.  COPYRIGHTS; COPYRIGHT INFRINGEMENT CLAIMS; COPYRIGHT AGENT.

Notices of Copyright Infringement under the DMCA.   Rio Create respects the intellectual property rights of others, and requires that the people who use the Interactive Story do the same.  In accordance with Title 17, United States Code, Section 512(c) (2) and the Digital Millennium Copyright Act (“DMCA”), Rio Create has designated an agent to receive and review notices of alleged unauthorized online use of the materials of others.  You must notify Rio Create’s Copyright Agent under the DMCA (address and contact information set forth below).

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which wave may then forward to the alleged infringer:

DMCA Notice Requirements
•          Identification of the specific copyrighted work that you believe has been infringed;
•          Identification of the allegedly infringing material on the Website (or any related Application), with sufficient detail to enable us to locate it on the Website (or any related Application);
•          Your address, telephone number and e-mail address (if any);
•          A statement, under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•          A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
•          provide your or your agent’s physical or electronic signature.

Upon receiving your complaint, Rio Create will investigate and upon investigation, Rio Create may or may not remove content that you believe infringes your copyright.

Where to Send DMCA Notices
E-mails containing such DMCA Notices should be addressed to “The Wyr Deception / DMCA Office Agent” and sent to Rio Create to:DMCA@wyrdeception.com 
Mail providing such DMCA Notices should be sent to:Name:                         Rio Create LLC, Attn:  The Wyr Deception / DMCA Office AgentAddress:         Rio Create LLCPO Box 925New York, NY 10113Attn:  DMCA Office Agent / The Wyr Deception 
 

Procedures for Counter-Notification under the DMCA.  If material that you have posted to the Website (or any related Application) has been taken down, you may file a counter-notification by contacting Rio Create’s copyright agent, who can be reached here, Attention: Copyright Agent, which counter-notification must contain the following details:

DMCA Counter- Notice Requirements
•          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 disabled;
•          A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
•          Your name, address, telephone number, and e-mail address (if any);
•          A statement that, notwithstanding the choice of laws and venue otherwise set out herein, you consent for the purposes of this counter-notification and other proceedings under the DMCA to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for the jurisdiction of the Courts of the Province of Ontario in the City of Toronto, Canada, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
•          You or your agent’s physical or electronic signature.

ARTICLE XVIII.  APPLICABLE LAWS AND JURISDICTION.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms of Use.  Please note that your use of the Interactive Story may be subject to other local, state, national, and international laws.  You expressly agree that exclusive jurisdiction for any claim or dispute with Rio Create or relating in any way to your use of the Interactive Story resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving Rio Create or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

We control and operate this site from our offices in New York, New York.  We do not represent that materials on the site are appropriate or available for use outside of New York, New York.  Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Any inquiries concerning these terms and conditions of use should be directed to:  info@wyrdeception.com.

ARTICLE XIX.  WAIVER AND SEVERABILITY.

No waiver by Rio Create of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rio Create to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

ARTICLE XX.  ASSIGNMENT.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use.  Rio Create may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact us

at:  info@wyrdeception.com.

Thank you for visiting the Website and participating in the Interactive Story.   Please continue to enjoy The Wyr Deception.

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© 2014 Rio Create LLC.  All rights reserved.   Last Updated:  April 24, 2014.