Riot Website and Services

Terms of Use

Welcome to the Riot website and the services provided under the Riot name, which take the form of the Riot.im server, the Riot webclient and the Riot mobile applications, all of which can be used independently.

The Riot services (the “Services”) provide a communication service to end users, storing and forwarding text messages, files, voice/video-over-IP calls and other communication data between users on Matrix “Home Servers” in the Matrix ecosystem, for example the “Matrix Home Server” hosted at https://matrix.org/_matrix, or the “Riot Home Server” hosted at https://riot.im/_matrix or any other Home Server in the wider Matrix ecosystem and / or applications provided by third parties on the internet. The Riot services include a range of client software running on the web (https://riot.im/app), iOS and Android devices (available in the relevant application stores) and the “Riot Home Server” hosted at https://riot.im/_matrix. The Riot server is currently operated by VECTOR CREATIONS LIMITED or an affiliate of VECTOR CREATIONS LIMITED.

When we refer to “VECTOR CREATIONS LIMITED”, “we”, “us” or “our” in this agreement (the “Agreement”), we mean VECTOR CREATIONS LIMITED, of 90 High Holborn, London, WC1V 6XX, United Kingdom with company number 10330175.

When we refer to “Riot” we mean the Riot application and services of VECTOR CREATIONS LIMITED.

Your access to http://riot.im (the “Website”) and use of the Services, whether as a guest or registered user, are subject to the following terms and conditions, and all applicable laws.

Acceptance of terms

Please read this Agreement carefully. By accessing the Website and using the Services as a guest, you confirm that you have read and accept these terms of use and you agree to comply with them. In order to access the Website and use the Services as a registered user, you must first read this Agreement and agree to the terms by clicking on the “ACCEPT” button.

If you accept on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” will refer and apply to that company or other legal entity.

You may not use the Website or Services by accepting the terms if: (i) you are not at least 14 years of age and are of legal age to form a binding contract with us; or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

This Agreement also includes our Privacy Policy, which sets out the information we collect from you and the terms on which we process this and any personal data that you provide to us. By accessing the Website or using the Services you consent to such processing and you warrant that all data provided by you is accurate.

If you do not agree to these terms of use, you must not use the Website or Services.

We may revise these terms of use at any time and at our discretion. The date the terms of use were last revised is identified at the top of the page. When we make material changes to the Agreements, we’ll provide you with notice as appropriate e.g., by displaying a prominent notice within the Service or by sending you an email. Your continued use of the Website and Services after any changes will constitute acceptance by you of those amendments. Please therefore make sure you read any such notice carefully.

General

The Services are licensed, not sold, to you by VECTOR CREATIONS LIMITED for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Services and the Website, clients and servers shall at all times remain with VECTOR CREATIONS LIMITED. Copies of the Services are provided to you only to allow you to exercise your rights under this Agreement. You must provide and are responsible for all equipment and Internet connectivity necessary to access the Services.

Grant of Licence

Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), VECTOR CREATIONS LIMITED hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicenseable licence, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by Riot that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by VECTOR CREATIONS LIMITED.

Acceptable Use Policy

You represent and warrant that you will not violate any of the terms and conditions of this Agreement, and agree that:

Š       you will use the Services strictly in accordance with this Agreement and will not, and will not  permit others to: (i) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of VECTOR CREATIONS LIMITED or its affiliates, partners, suppliers or the licensors of the Services; (ii) use the Services for any purpose for which it is not designed or intended;

Š       you will not submit or transmit through the Services any material, or otherwise engage in any conduct that: (i) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous; (iii) victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person, business, or entity; (v) contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise permit the unauthorised use of a computer or computer network; or (vi) encourages conduct that would constitute a criminal offense;

Š       you will not: (i) violate this Agreement, guidelines, or any policy posted on the Website; (ii) interfere with the use of the Services by others; (iii) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks; (iv) interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; or (v) attempt to gain unauthorised access to any Services through hacking, password mining, or any other means;

Š       you will only use the proprietary information or interfaces or other intellectual property of VECTOR CREATIONS LIMITED in the design, development, manufacture, licensing or distribution of permitted developer applications described in this Agreement;

Š       Riot includes Public Software released under an open source licence agreement (Apache licence v2.0 defined at http://www.apache.org/licenses/LICENSE-2.0) and you may use these public code and interfaces under the terms of the Apache licence described in the link above.  “Public Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licences or distribution models, or licences or distribution models similar to any of the following: (i) GNU’s General Public Licence (GPL), Lesser/Library GPL (LGPL), or Free Documentation Licence; (ii) the Artistic Licence (e.g., PERL); (iii) the Mozilla Public Licence; (iv) the Netscape Public Licence; (v) the Sun Community Source Licence (SCSL); (vi) the Sun Industry Standards Licence (SISL); (vii) the BSD Licence; and (viii) the Apache Licence; and

Š       where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website and Services, you are responsible for keeping this password confidential. You will not disclose it to any other person or share a password with anyone. If you fail to keep it confidential, we have the right to disable any user identification name and password at any time, without notice to you.

App Developers

You may write a software application or website (an “Application”) that interfaces with the Services. You acknowledge that we may change, deprecate or republish APIs for any Service or feature of a Service from time to time, and that it is your responsibility to ensure that calls or requests you make to or via our Service are compatible with then-current APIs for the Service. VECTOR CREATIONS LIMITED will attempt to inform you of any changes with reasonable notice so you can adjust your Application, but we are under no obligation to do so.

You and any Applications that you may build, distribute, or otherwise create may make network calls or requests to the Services at any time that the Services are available, provided that those requests do not violate the terms of this Agreement.

You may not remove, obscure, or alter any aspect of the Riot or Matrix marks, including any reference to the Riot logo, trademark, products or intellectual property (“Riot Brand”) or any reference to the Matrix logo, trademark, products or intellectual property (“Matrix Brand”) within the Services.

Provided that you comply with the terms of this Agreement and our policies and procedures, you may use the Services to execute Applications owned or lawfully obtained by you. You are solely responsible for your Applications, including any data, text, images or content they contain.

You are personally responsible for all traffic originating from your Applications using your account credentials to the Services. As such, you should protect your authentication keys and security credentials. Actions taken using your credentials shall be deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties.

We may make available to you, for your installation, copying and/or use in connection with the Services, a variety of proprietary software, data and other content and printed and electronic documentation (the “VECTOR CREATIONS LIMITED Properties”). Subject to your acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for your right to use the subject Service, we hereby grant to you, without the right to sublicense, a limited, non-exclusive, non-transferable, revocable licence during the term of this Agreement, under our intellectual property or proprietary rights in the VECTOR CREATIONS LIMITED Properties, only to install, copy and use the VECTOR CREATIONS LIMITED Properties solely in connection with and as necessary for your use of such Services and solely to the extent it is in compliance with all the terms and conditions of this Agreement.

The VECTOR CREATIONS LIMITED Properties may include, without limitation:

Š       proprietary VECTOR CREATIONS LIMITED Services; and

Š       specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service and its related APIs and technology.

VECTOR CREATIONS LIMITED may make available under another licence agreement, such as an open source agreement, additional content or software. Any such content or software will be clearly marked with such a licence indicating the usage rights available for that content or software. For such content or software released pursuant to an open licence, VECTOR CREATIONS LIMITED encourages you to modify, alter, tamper with, repair and/or create derivative works consistent with such licence. Such content or software may include:

Š       developer tools, such as software development kits or sample code, for use in connection with the APIs;

Š       open APIs, opensource implementations of pieces of software in connection or not with the APIs covered by this agreement; and

Š       articles and documentation for use in connection with the use and implementation of the APIs (collectively, “Documentation”).

You agree to ensure that the Services will not be used in or for any illegal, fraudulent, unauthorised or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree not to permit the Services to be used to transmit or disseminate any:

Š       junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you or your end-users do not otherwise have a legal right to send such material;

Š       material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers; or

Š       material that would expose VECTOR CREATIONS LIMITED, any third-party service provider involved in providing the Services, or any other third party to liability.

The Services may allow you to encrypt your communications end-to-end between devices. There may be restrictions and limitations on the import, possession, use, transfer and/or export of strong encryption technology under the laws of the country in which you intend to use the Service. It is your sole obligation and responsibility to check such restrictions and limitations before using the Service and to comply with them. We reserve the right to suspend the Service immediately and without notice if we determine, in our sole judgment, that the Service is being used in violation of local regulations governing the use of cryptographic technologies (even though we have no responsibility to make such determination).

You will not use or attempt to use a third party’s account with VECTOR CREATIONS LIMITED, or interfere with the security of, or otherwise abuse, the Services or other VECTOR CREATIONS LIMITED customers. You shall not interfere in any manner with VECTOR CREATIONS LIMITED provision of the Services.

Furnishing false or incorrect data on the VECTOR CREATIONS LIMITED required documentation including account setup or other applicable agreements and VECTOR CREATIONS LIMITED documents is prohibited.

You represent and warrant: (i) that you are solely responsible for the development, operation, and maintenance of your Application and for your Content, including without limitation, the accuracy, appropriateness and completeness of your Content and all product-related materials and descriptions; (ii) that you have the necessary rights and licences, consents, permissions, waivers and releases to use and display your Application and your Content; (iii) that neither your Application nor your Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libellous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your Application nor your Content contains any harmful components; and (v) to the extent to which you use any of the VECTOR CREATIONS LIMITED Marks, that you will conduct your business in a professional manner and in a way that reflects favourably on the goodwill and reputation of VECTOR CREATIONS LIMITED, its affiliates, or Matrix. You also represent and warrant that you are responsible for any charges incurred by virtue of your use of the Application, no matter whether the Application acted in error.

Termination, suspension and modification

These terms will apply from your acceptance until the Agreement is terminated.

You may terminate this Agreement at any time by notifying VECTOR CREATIONS LIMITED at support@riot.im and immediately discontinuing all use of the Services.  

This Agreement will terminate automatically if you breach any of its terms or conditions (including a default in your payment obligations). Without limiting other remedies, VECTOR CREATIONS LIMITED may in accordance with any applicable law limit, suspend, or terminate this Agreement and your use of the Services, prohibit access to the Services and delete your account, with immediate effect, automatically and without liability, if VECTOR CREATIONS LIMITED believes that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reason at VECTOR CREATIONS LIMITED’s sole discretion.

VECTOR CREATIONS LIMITED shall effect such termination by providing notice to you to the Matrix user identifier (Matrix ID, e.g. @myname:matrix.org) and/or e-mail address you have provided, and/or by preventing your access to your Account. Upon termination, you shall immediately discontinue all use of the Services. Upon suspension of your Services, in whole or in part, for any reason all of your rights with respect to the Services shall be terminated during the period of the suspension. Upon termination of this Agreement for any reason all of your rights under this Agreement shall immediately terminate.

To the extent permitted by applicable law, and in accordance with the terms of this Agreement, VECTOR CREATIONS LIMITED reserves the right at any time to: (i) terminate this Agreement in whole or in part; or (ii) terminate, suspend, modify or discontinue any aspect of the Services in whole or in part including, for the avoidance of doubt, any connection to third party applications.

Terms contained under the following headings “Termination suspension and modification”, “Providing the Services”, “Data Privacy”, “Liability”, “Indemnity”, “Contact” and “General” will survive the termination of this Agreement.

Providing the Services

The Services are provided on a best-efforts basis. In addition to our rights to terminate or suspend Services to you as described in this Agreement, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) to the extent permissible under applicable law, we shall also be entitled, to suspend access to any portion or all of the Services for any reason, including the lack of availability of any third party application; and/or (iii) to the extent permissible under applicable law, we shall also be entitled to make modifications to the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We will contact you in advance to tell you we will be suspending any aspect of the Services, unless the problem is urgent or an emergency.

We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly and without limitation, you acknowledge that you bear responsibility for adequate security, protection and backup of your Content including all audio recordings, video recordings, images, text messages and other data associated with your account. We strongly encourage you, where available and appropriate, to use encryption technology to protect your Content from unauthorised access and to routinely archive your Content.

Intellectual Property

Other than the limited use and access rights and licences expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the VECTOR CREATIONS LIMITED Properties; (iii) the Riot Brand and the Matrix Brand and (iv) any other technology and software that we provide or use to provide the Services and the VECTOR CREATIONS LIMITED Properties. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the VECTOR CREATIONS LIMITED Properties, the VECTOR CREATIONS LIMITED Marks, or such other technology and software, except for the limited use and access rights described in this Agreement.

VECTOR CREATIONS LIMITED may, at its discretion, offer certain Software Development Kits, tools, application samples, or documentation under an open source licence. Any such products will be marked with copyright details, and those copyrights will apply to those and only those documents. VECTOR CREATIONS LIMITED reserves all rights to any documents, tools, services, technologies and the like which are not designated with an open licence.

Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from VECTOR CREATIONS LIMITED Properties, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data you may send to us or use as part of your use of any Services (“your Content”); and (ii) your Applications.

In the event you elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the VECTOR CREATIONS LIMITED Properties or the VECTOR CREATIONS LIMITED Marks (collectively, “Feedback”), via official support channels (i.e. support@riot.im, the official #riot-help:matrix.org Matrix room, and 1:1 conversations with Riot staff), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to VECTOR CREATIONS LIMITED via such channels (collectively “Communications”) shall be considered the property of VECTOR CREATIONS LIMITED. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.

During and after the term of the Agreement, with respect to any of the Services that you elect to use, you will not assert, nor will you authorize or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

Copyright Policy

If you believe that any user contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

Data Privacy

Please refer to our Privacy Policy for full details on how we collect, process and use your data. By using the Website or our Services you are consenting to the terms of our Privacy Policy.

Cookie Policy

We currently use cookies to support our use of Google Analytics on the Website and Service. Google Analytics collects information about how you use this site, please refer to our Privacy Policy for the information we collect. Cookies don’t identify individuals personally, but are used on websites to remember the activities and preferences of users and distinguish between them.  This helps us to provide you with a good experience when you browse our Website and use our Service and also allows us to improve both our Website and Service.  We may choose to use additional cookies in the future.  If we do, we will update this policy and keep you informed.

Disclaimer of Warranty

VECTOR CREATIONS LIMITED PROPERTIES, THE VECTOR CREATIONS LIMITED MARKS INCLUDING THE RIOT BRAND (DEFINED ABOVE), THE MATRIX BRAND, THE SERVICES (DEFINED ABOVE) AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

With respect to any Feedback or Communications, you represent and warrant that such Feedback and Communications, in whole or in part, contributed by or through you: (i) is legally distributable by you, either because you own the copyright or because you have fully complied with any copyright terms associated with the software or content; and (ii) does not violate, misappropriate or infringe any intellectual property rights of any third party.

You represent and warrant that you are duly authorised to do business in the jurisdiction where you operate.

 

Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY UNFORESEEABLE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) ANY SERVICE SUSPENSION; (v) ANY UNAUTHORISED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION OR LOSS OF ANY OF YOUR CONTENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS STATED OTHERWISE IN THIS AGREEMENT, IF YOU OR VECTOR CREATIONS LIMITED TERMINATE THIS AGREEMENT, OR IF VECTOR CREATIONS LIMITED SUSPENDS YOUR ACCESS TO THE SERVICE, YOU AGREE THAT VECTOR CREATIONS LIMITED SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU.

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE HIGHER OF THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES DURING THE PRECEDING TWELVE (12) MONTHS OR US$ 100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITED OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES.” NEITHER VECTOR CREATIONS LIMITED NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE VECTOR CREATIONS LIMITED OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.

Additionally, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of your Application and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for:

Š       the technical operation of your Application and all related equipment;

Š       the accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any product-related materials);

Š       ensuring that any materials posted on your site or within your Application do not violate our Acceptable Use Policy Section;

Š       ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognise cookies on visitors’ browsers; and

Š       any of your users’ or customers’ claims relating to your Application or any Services utilised in connection with your Application.

Indemnity

You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors, employees and representatives, harmless from and against any and all claims, losses, proceedings, damages, liabilities, judgments, penalties, fines, costs, interests and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim arising out of: (i) your use of the Services, VECTOR CREATIONS LIMITED Properties and/or VECTOR CREATIONS LIMITED Marks in a manner not authorised by this Agreement, and/or in violation of the applicable restrictions and/or applicable law; (ii) your Application, your Content, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of your Application and/or your Content; (iii) your violation of any term or condition of this Agreement or any applicable additional policies, including without limitation, your representations and warranties; or (iv) you or your employees’ or personnel’s negligence or wilful misconduct.

Contact

Notices made by us will be provided to you via the Matrix ID you registered and the e-mail address provided to us in your registration for the Services or in any updated e-mail address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.

Notices made by you to us under this Agreement and for questions, complaints or claims regarding this Agreement or the Services, should be sent by e-mail to support@riot.im or by post and addressed to:

VECTOR CREATIONS LIMITED

90 High Holborn

London, WC1V 6XX

United Kingdom

General

Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

Successors and Assigns. You may not transfer your rights or your obligations under  this Agreement or any of the rights granted hereunder, without our written consent, except as expressly set forth in this Agreement. Any attempted assignment, sublicense, or transfer in contravention of this clause shall be null and void and of no force or effect. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to terminate this Agreement.

Third Parties Beneficiaries. Nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the VECTOR CREATIONS LIMITED Website (http://riot.im) and as may be modified thereafter and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.  

No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your Applications or your Content.

Governing Law. This Agreement shall be governed by the laws of England and Wales, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of England and Wales and you expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.