RateItAll.com Terms of Use (the "Terms")
Last Updated: July 1, 2023 (Version 1.0)
Introduction
1. Welcome: Welcome to RateItAll.com, the best website to rate anything! This Terms of Use Agreement (“Terms”) sets forth the legally binding terms that govern your use of the services of RateItAll.com. Wherever we mention "RateItAll.com”, “RateItAll”, “we” or “us” in these Terms we are referring to the RateItAll.com website and any services, features, content, or applications offered, even only from time to time, by RateItAll.com in connection with the RateItAll website. By accessing RateItAll.com you agree to be bound to these Terms and to our Privacy Policy, which is available here.
RateItAll.com is operated by lnisev Ltd., a company incorporated under the laws of Malta with registration number C 78013 and registered address at 193 (Suite 39), Ursuline Sisters Street, Pieta’ PTA 1222, Malta. You can reach us via our contact form, by email at hi (at) RateItAll (dot) com.
2. Using RateItAll: You may use RateItAll.com either as a “visitor”, which means that you simply browse RateItAll.com, or as a "member", which means that you have registered an account with RateItAll.com and agreed to these Terms (for all of our members and visitors to our website), and our Privacy Policy. You can join RateItAll by clicking on "Sign Up" at the top right of this page.
The term "user" can refer to either a visitor or a member. You are only authorized to use RateItAll.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms, as they may be updated from time to time. Please read these Terms carefully and save them somewhere safe for your reference later. This version of the Terms will not always be available online. If you do not agree to these Terms, then please do not visit or use RateItAll.com.
3. Updates to the Terms: We expressively reserve the right to change these Terms from time to time without providing you with direct notice, although we will note the most recent version of each of our terms at the top of the Terms. This will help you keep track of the latest version of the Terms. By accessing our site, you acknowledge and agree that it is your responsibility to review this site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms and an agreement to abide and be bound by the modified Terms.
Users and Memberships
4. Age requirements: You need to be at least…
a) …14 years of age (or the minimum age required where you are to access a website without parental permission) to be a visitor and browse the RateItAll.com website(s).
b) …18 years of age (or older, if required to be older where you are) to become a member.
By using RateItAll.com, you affirm that you are old enough to be a visitor, and by signing up to become a member, you affirm that you are old enough to be a member.
5. Membership: It is possible to look through our site without becoming a member, but becoming a member is easy and free! Enrollment can be done quickly and easily on our website. During registration, we may ask you for information that is necessary to get the most out of your membership. Our collection and use of this information is governed by our Privacy Policy, available here.
6. Membership benefits: Membership is free. As a member in good standing, you will be able to rate, review and comment on any topic you like.
7. Non-transferrable: Membership is personal to you and not transferable.
8. Accuracy of information provided: When you become a member, you must provide us with up-to-date and accurate information. You are obligated to let us know when any of the information you have provided has changed within a reasonable time from the change.
9. Keep your login information confidential!: Unless you sign up with an existing social media account, when you sign up for a membership, you will be asked to select a password. It is your sole responsibility to maintain the confidentiality of your login information, both for RateItAll.com and any social media account you may use to sign up for your membership. You agree not to use the membership, username, or password of another member at any time or to disclose your password or social media login information to any third party. You are solely responsible for any and all use of your membership; unauthorized use of your membership may result in you losing access to your account. As described further below, RateItAll.com is not responsible for any of these losses when you have allowed your membership to be accessed by a third party, intentionally or otherwise.
Intellectual Property (IP)
10. We don’t own images used for topics or reviews on RateItAll.com: We do not claim ownership or license for use of images uploaded by users for topics or reviews. It is the sole responsibility of the user to ensure that the posted material does not infringe any rights of any third parties, see more details below.
11. Copyright infringement: If you believe that your copyrights have been infringed by any user on RateItAll.com, the first step is to contact the user directly and discuss the matter with them. Most likely you will be able to clarify the issue this way, without triggering a more time-consuming DMCA process as outlined below.
If you have tried to discuss the potential issue with the user directly and remain unsatisfied, you have the option of using our process based on the Digital Millennium Copyright Act (DMCA). Although we are based in Malta and not in the United States, we nonetheless elect to handle alleged copyright infringements in a process that is similar to those implemented by companies subject to the DMCA. Please think carefully before you make an allegation of copyright infringement. Making a false claim of copyright infringement in any jurisdiction may have serious legal consequences for you.
All allegations must be made in writing, signed by the person or persons making the allegation, and sent as scanned attachments to our designated agent at the following email address: IP [at] RateItAll [dot] com.
When you file a copyright infringement allegation with RateItAll.com, you must provide all of the following information in your allegation:
a. Full name(s) of the persons (legal or natural) who hold the copyright;
b. Location(s) of the original copyrighted work (in other words, where the original copyrighted material is located, not where the alleged infringing site is located);
c. Link(s) to the specific content or items on RateItAll.com that you believe are infringing your copyright;
d. Link to the published content for which you have full copyrights and which you claim to be infringed by content on RateItAll.com;
e. Detailed descriptions and explanations as to how, specifically, you believe the content on RateItAll.com infringes your copyright(s); and
f. Your full name and contact information, including your physical address, email address, as well as telephone number(s) at which you can be reached.
Your complaint will not be processed unless you also include the following statements (copied verbatim) above your signed name on the complaint:
I have a good faith belief that the use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the proprietary owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I acknowledge that a copy of this infringement notice and any correspondence related to it, including any contact information I provided above (address, telephone number, and email address), may be disclosed to the user who uploaded the content at issue.
As we take copyright infringements very seriously (and we ask that you do the same), we will act quickly upon receipt of a DMCA complaint.
Please note that we will send the DMCA complaint to the user who entered or uploaded the content you’re claiming is infringing your copyright, so your information will be shared with that user. That user may then file a DMCA counter-notification if they disagree with your complaint and may contact you via the information you provided in your DMCA complaint.
12. Non-copyright IP infringements: If you believe that content or an item on RateItAll violates your intellectual property rights other than copyright, including but not limited to trademarks, please first contact the seller of that item to see if there is a way to settle the matter directly.
If you have tried to discuss the potential issue with the seller directly and remain unsatisfied, please provide us with the following information via email (IP [at] RateItAll [dot] com) so that we can look into the matter:
a. Link to the specific content or items on RateItAll.com that you believe are infringing your intellectual property rights;
b. Description of the intellectual property rights which you believe are violated, and a link proving you own those rights;
c. Detailed description and explanation of how you believe the content on RateItAll infringes your intellectual property rights; and
d. Your full name and contact details, including your physical address, email address, as well as telephone number(s).
Please then print the document, sign and date it, scan it and send it to IP [at] RateItAll [dot] com. We will review it quickly and take adequate measures. We may forward a copy of the information provided by you to the user who you claim is infringing your intellectual property rights.
13. RateItAll.com property: While we don’t own the content such as images uploaded from the users on RateItAll.com, we do own all the content which we put on the platform, including texts, design, copyright, trademarks, and other content you find on RateItAll.com not provided by our users. You are not permitted to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of such content owned by us.
Uploaded and user-created content
14. Right to delete: RateItAll.com may delete any content that in the sole judgment of RateItAll.com violates this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person. RateItAll.com assumes no responsibility for monitoring the RateItAll.com Services for inappropriate content or conduct. If at any time RateItAll.com chooses, in its sole discretion, to monitor the RateItAll.com Services, RateItAll.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
15. Your responsibility: You are solely responsible for the content that you post on or through any of the RateItAll.com services. RateItAll.com does not endorse and has no control over the content. RateItAll.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content.
16. Prohibited and illegal content: The following is a partial list of the kind of content that is illegal or prohibited to upload on RateItAll.com. RateItAll.com reserves the right to investigate and take appropriate legal action against anyone who, in RateItAll.com's sole discretion, violates this provision, including without limitation, removing the offending from the RateItAll.com website and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, at the sole discretion of RateItAll.com:
- is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
17. Prohibited and illegal activity: The following is a partial list of the kind of activity that is illegal or prohibited on the RateItAll.com website and through your use of the RateItAll.com services. RateItAll.com reserves the right to investigate and take appropriate legal action against anyone who, in RateItAll.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- interfering with, disrupting, or creating an undue burden on the RateItAll.com services or the networks or services connected to the RateItAll.com services;
- attempting to impersonate another member or person;
- using the account, username, or password of another member at any time or disclosing your password to any third party, or permitting any third party to access your account;
- using any information obtained from the RateItAll.com services in order to harass, abuse, or harm another person;
- and using the RateItAll.com services in a manner inconsistent with any and all applicable laws and regulations.
18. RateItAll.com rights over user-created content: RateItAll.com reserves the rights to use user-generated content such as reviews or comments in the original or edited form and distribute it and post it on other platforms, including subsidiaries. RateItAll.com is under no circumstances obliged to pay or make up for any content created by our users, including but not limited to reviews, comments, and feedback.
RateItAll.com prohibits the use of the content for any purposes such as and similar to modification, distribution, or republication, any form of data extraction or data mining, or any other type of exploitation, without prior written permission of an authorized person. You agree that you will not use any scraper, robot, spider, another automatic device, or manual process to monitor or copy RateItAll.com web pages or the published content without the prior written permission of an authorized person from RateItAll.com.
Limitations on Liability & Indemnification
19. RateItAll.com is provided to our users “AS IS” or, to put it another way, “AS AVAILABLE.” As such, we do not make promises or make any warranties as to the suitability or quality of the content available on RateItAll.com or the products offered on RateItAll.com and hereby exclude, to the furthest extent permitted by law, all implied warranties in the same respect (including but not limited to warranties of non-infringement, merchantability, and fitness for a particular or specific purpose). The limitations on liability and indemnification in these Terms are a part of the bargain between the parties.
20. Your access to and use of RateItAll.com is your decision solely, and at your discretion and risk. We are under no obligation to make RateItAll.com available to you on any particular platform, and the platform we choose to offer RateItAll.com on may change.
21. We cannot make any promises that you will always be able to access the information here. Our users may make changes to their content from time to time, including content availability. We cannot guarantee that these changes are made in real time; you understand this limitation and accept that it may affect you somehow.
22. To the extent permitted by applicable law, we (including our affiliates, our agents, and employees) are not liable (which means you will not hold us responsible) for any damages or losses resulting directly or indirectly from, inter alia, content on RateItAll.com; access limitations or delayed availability on RateItAll.com; unauthorized access to and/or manipulation disputes or disagreements between users; failure of RateItAll.com to authorize an account or RateItAll.com decision to close or suspend a membership; any conduct or failure to act by any of our third-party service providers unless the damages or losses result directly from intentional conduct by RateItAll.com; viruses or other malicious software that is a result of accessing RateItAll.com, opening any email; any access of your account is unauthorized by the Company; and inaccuracies in the user profiles.
23. If you have a dispute with another user on RateItAll.com, you agree to release us (and our agents and employees) from claims, demands, and damages (both consequential and actual) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. THIS RELEASE MAY INCLUDE A WAIVER ON YOUR PART OF ANY PROTECTIONS THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO ONLY THOSE CLAIMS WHICH YOU KNEW, MAY HAVE KNOWN, OR SUSPECTED TO EXIST AT THE TIME YOU AGREED TO THIS RELEASE.
24. You agree to indemnify and hold us (and our employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your improper use of RateItAll.com or your interaction with other RateItAll.com users.