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OneRush: Terms of Use

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

This service is for adults only (you must be at least 18 years old. This is a legal agreement ("Agreement") between you and OneRush.com. Please read the Agreement carefully before registering for our service. By registering for OneRush.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the OneRush.com service. BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT, FILES, LINKS, SOFTWARE, MUSIC, SOUND, ("CONTENT") TO ONERUSH YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO ONERUSH. By Checking the "I ACCEPT" button on the sign up page, You are accepting these Terms. You may review these Terms at any time by clicking on the disclaimer link at the bottom of the home page.

 

ACCEPTANCE OF TERMS

 

Welcome to OneRush.

 

OneRush.com is a social networking service for members to interact and meet with other members who show mutual interest based on their Rush and Location. Members of its networking community setup personal profiles that can be inter-connected through networks of friends. Members can view other member’s profiles, communicate with each other through E-mail/IM/Chat, and share web-published or displayed contents (the “Content”) such as media files, comments, profiles, and web links to describe their interests. OneRush.com is NOT an adult site and does NOT contain pornographic material. OneRush.com is owned and operated by Faze51 LLC.OneRush provides a photo, video, forum, blogging, e-mail and messenger hosting service to you (“Service”), subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. This Agreement includes OneRush’s acceptable use policy for content posted on the web site, and any notices regarding the Website. Your OneRush Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 18 years or older to use this service.

 

REGISTRATION

 

You agree that all information provided to OneRush upon registration and at all other times will be true, accurate, current and complete. You also agree that you ensure this information will be kept up to date at all times. Especially your email address since we will direct all communication to you about your OneRush account to your email address. We will use the information you provide to us in accordance with our Privacy Policy.

 

Eligibility



 Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and that your use of OneRush shall not violate any applicable law or regulation. Your profile may be deleted without warning, if you are found misrepresenting your age, and you are younger than 18. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

 

PRIVACY POLICY AND CONSUMER EDUCATION

 

It is OneRush's policy to respect the privacy of Members. Therefore, we will not disclose to any unauthorized third party Member's name or contact information. OneRush will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on OneRush; (2) protect and defend the rights or property of OneRush; or (3) act under exigent circumstances to protect the personal safety of OneRush service's users or the public; (4) fix or debug problems with the OneRush servers/software/service.

 

Children’s Privacy

 

OneRush does not direct its Web site to persons under 18 years and age, and requires users of its service to be 18 years or older. Accordingly, OneRush does not knowingly collect or maintain on its Web site personally identifying or other information from persons under 18 years of age.

 

Consumer Education Related to Social Networking

 

Creating a safe social networking environment is important to OneRush. While OneRush does not target or knowingly allow users under 18 to use its Service, interested persons may visit the following links created by the Federal Trade Commission to learn more about social networking safety tips:



http://onguardonline.gov/socialnetworking.html
http://onguardonline.gov/socialnetworking_youth.html

 

ONERUSH’S COPYRIGHTS

 

Unless otherwise indicated, all Web site materials originated by OneRush, including, without limitation, the ONERUSH logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of OneRush. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Web site that originated from OneRush, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of OneRush is strictly prohibited.

 

USE OF CONTENT SUBMITTED BY YOU

 

You agree that any Content you upload, post, email, transmit or otherwise make available via the OneRush Service is non-confidential and that OneRush shall have a perpetual, worldwide, fully paid, royalty-free, non-exclusive license to use any such Content in connection with the OneRush Service and OneRush's (and its successor's) business, including without limitation for promoting and redistributing part or all of the OneRush Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the OneRush Service a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service. The submission of any materials to OneRush irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the OneRush Service. Please choose carefully the information you post on the Website and that you provide to other Members. Telephone number, street address, last name and birthday are not required information for your profile creation and are not encouraged to be included in your profile, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other OneRush Members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or services and OneRush assumes no responsibility or liability for this material. OneRush reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including e-mail) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. If OneRush.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, OneRush.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account without refund and /or the exclusion of any person(s) who may have violated any Terms of Participation.

 

ONERUSH’S TRADEMARKS

 

The ONERUSH name and logo are trademarks of OneRush, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OneRush. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of OneRush, and may not be copied, imitated or used, in whole or in part, without the prior written permission of OneRush.

 

LINKING TO OUR WEB SITE

 

You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray OneRush or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any OneRush trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without OneRush’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a OneRush name, trademark or product name without OneRush’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of OneRush or any third party. OneRush makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites linking to this Web site.

 

THIRD PARTY LINKS

 

OneRush may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. OneRush does not monitor, nor does it have any control over, any Third Party Content. OneRush does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. OneRush makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the OneRush site, you should be aware that OneRush’s terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk. OneRush.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the OneRush.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. OneRush.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through OneRush.com systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.

 

MEMBER CONDUCT

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OneRush, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the OneRush Service. OneRush does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OneRush be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. harm minors in any way; 3. impersonate any person or entity, including, but not limited to, a OneRush official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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); 6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens; 7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation); 8. upload, post, email, link, transmit or otherwise make available any material that contains software viruses 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; 9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 11. "stalk" or otherwise harass another; 12. collect or store personal data about other users; 13. links to or refers to content not allowed under these OneRush Photo Submission Terms of Use; 14. otherwise uses the service in a manner deemed inappropriate by OneRush. 15. You may not impersonate another user or person who is not a OneRush Member.

16. You may not cover or obscure the banner advertisements on your personal profile page, or any OneRush page via HTML/CSS or any other means.



Member Disputes



You are solely responsible for your interactions with other OneRush.com Members. OneRush reserves the right, but has no obligation, to monitor disputes between you and other Members. In the event that You have a dispute with one or more Users, You hereby release, onerush.com, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

 

POSSIBLE CONTENT REMOVAL

 

OneRush retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, OneRush or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:

  • photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights; partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words; profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
  • any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

 

If you believe that any material on this Web site infringes upon any copyright that you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.

 

NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.

 

In accordance with the Digital Millennium Copyright Act of 1998 , the following information must be provided to our Designated Agent for notifications (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), OneRush LLC will respond expeditiously to claims of copyright infringement committed using the onerush.com service. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting OneRush through our contact page.

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit OneRush to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of 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. Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
  • It is OneRush's policy to terminate the accounts [membership] of users [members] who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between onerush.com and any User of the Service.

 

TERMINATION

 

By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you can log into your account, click setting and select delete profile, or you can notify OneRush by sending e-mail to orhelp@onerush.com. After receipt of your termination notice, OneRush will terminate your account. By OneRush: OneRush may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Service using Member's username. OneRush, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User.

 

INDEMNIFICATION

 

User agrees to indemnify and hold ONERUSH, their parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of ONERUSH, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.

 

DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONERUSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. ONERUSH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONERUSH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. OneRush reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OneRush.

 

LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONERUSH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONERUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

EXCLUSIONS AND LIMITATIONS

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

NOTICE

 

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

 

GENERAL INFORMATION

The TOS constitute the entire agreement between you and OneRush and govern your use of the Service, superceding any prior agreements between you and OneRush. You also may be subject to additional terms and conditions that may apply when you use affiliate or other OneRush services, third-party content or third-party software. The TOS and the relationship between you and OneRush shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and OneRush agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Prince Georges , Maryland . The failure of OneRush to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

VIOLATIONS AND COMMENTS

 

Please report any violations of the TOS or make any comments to
orhelp@onerush.com.