THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING RHINO HOUSE.COM BY ACCESSING THIS SITE . YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING RHINO HOUSE.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS RHINO HOUSE MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
Access to and use of Rhino House’s Services and contents, whether accessed with or without payment are subject to the terms and conditions of this Agreement.
In order to obtain access to the Services, you must create a Rhino House account ("User Account") and pay the appropriate fees for access to the services you request. By creating a User Account, you represent and warrant the information you provide is accurate and complete. You may never use another's account or share your User Account with others. For example, an institution may not purchase a single user account and share that user account among multiple employees. You are responsible for maintaining the security of your password and are solely responsible for the activity that occurs on your User Account. If you believe your User Account has been breached or used in any unauthorized manner, you must notify a Rhino House representative immediately. Rhino House is not responsible for any damage or losses caused by unauthorized use of your User Account. You, however, may be responsible to Rhino House for any harm Rhino House incurs due to unauthorized use of your Rhino House User Account.
3. Subscription Fees.
Rhino House offers services on a subscription fee basis according to the pricing and payment schedule available at www.rhinohouse.com/Signup.aspx (the "Subscription Fees"). You agree to pay the Subscription Fees and any other charges incurred in connection with your User Account (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card, PayPal account or other payment method that Rhino House offers and you select. For any services billed by invoice, all payments are due net thirty (30) days from the date of the invoice.
You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. For example, the Services may include large video and photo files. You are responsible for payment of any bandwidth, data, or subscription charges you may incur from a service provider while utilizing the Services.
4. Personal Information.
5. Proprietary Rights.
All videos, photos, training materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed or downloaded through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
6. Trademarks / Service Marks.
Rhino House’s, "stylized head" logo are trademarks and/or service marks of Rhino House. Other product and company names may be mentioned on the Site from time to time, which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.
7. Term and Termination.
This agreement shall be in effect as of the date you create your User Account. The term of the Agreement for billing purposes shall begin as of the Subscription Date.
8. Termination by You.
You may terminate your User Account at any time by notifying us of your desire to terminate. After receiving notice from you, we will terminate your account before the Subscription Date for the next billing cycle for your Services. You will not receive a refund for any fees paid to Rhino House.
9. Termination by Rhino House.
Rhino House may terminate your User Account with or without cause and without notice when terminated for cause. If you believe your User Account has been terminated in error, contact Rhino House at firstname.lastname@example.org. For example, Rhino House may terminate a User Account, if it determines you have provided others with access to Training Materials with your User Account. If it is determined by Rhino House, in its sole discretion, that your User Account was terminated in error, Rhino House will provide you with access to the Services at no charge for the period of time in which your User Account was terminated. This shall be the sole and exclusive remedy available to you for any termination in error. If Rhino House terminates your account for cause, determined at the sole discretion of Rhino House, you will not receive a refund for any Subscription Fees paid to Rhino House. If Rhino House terminates your User Account without cause, as determined by Rhino House in its discretion, Rhino House will provide you with a pro rata refund of payments made to you for the Services.
10. Limited License.
By subscribing to the Services, Rhino House grants you a limited, non-exclusive license to view the Reference Materials via the Rhino House web site. This license shall terminate immediately upon termination of your Services. Following termination of your User Account, you shall immediately destroy any Training Materials or other content obtained through the Services. The Training Materials are the sole and exclusive property of Rhino House or the respective creators of the Training Materials. Nothing herein grants you any ownership rights in the Training Materials.
You are not authorized to:
- Share your User Account with others;
- Allow more than one individual to access a User Account;
- Copy, modify, distribute, capture, or save locally any of the Reference Materials;
- remove any copyright or proprietary notice included on or in any Reference Materials;
- Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Reference Materials;
- Use the Services for any unlawful purposes;
- Capture screen shots or screen-cast any of the Reference Materials; or
- Make Reference Materials available to others in any format.
11. Warranty Disclaimer.
ALL Materials Rhino House Provides are PROVIDED "AS IS". RHINO HOUSE DOES NOT WARRANT THAT training materials or services provided in connection therewith WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE CONTENTS OF THE Training Materials ARE ACCURATE OR COMPLETE. RHINOHOUSE.COM MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE RELATING TO THE Training Materials or related services, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitations on LIABILITY.
IN NO EVENT SHALL RHINO HOUSE.COM AND/OR ITS AFFILIATES, MEMBERS, agents, employees, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, consequential, OR MULTIPLE DAMAGES OR LOST PROFITS OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE Reference Materials or related services, EVEN IF RHINO HOUSE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. in any event, Rhino House’s aggregate liability for any claim relating to the services shall be limited to the amount you have paid to Rhino House for the three months preceding any action filed.
13. Territorial Restrictions.
The Services may not be available in certain territories due to certain national or international restrictions. By utilizing or subscribing to the Services, you represent and warrant that you are authorized under all applicable laws to access the Services.
15. Governing Law and Jurisdiction.
This Agreement shall be governed and construed according to the laws of the state of California, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts in Toluca Lake, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
16. No Waiver.
No delay or failure to take action under this Agreement shall constitute waiver by Rhino House of any provision of this Agreement or prevent Rhino House from subsequently enforcing such provisions. The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions.
RHINO HOUSE POLICY
Rhino House e-download policy requires all e-download links must be completed within 3 days of original purchase date. E-Download link(s) are located in the Motion Tools page(s) and after 3 days, the link(s) expire and can no longer be reprocessed. Rhino House highly recommends you burn a backup copy, as e-downloads will not be reprocessed after 30 days from date of purchase. Please see #5: Proprietary Rights
Rhino House does not provide refunds on any membership plan due to the offering of the non-expiring free trial. Rhino House non-expiring free trial is made available so potential customers can test bandwidth, preview video clips and view all features of the video player platform prior to purchase. Customers may cancel membership at any time through their account. However, a refund is not provided and customer’s membership will not be renewed according to the originally chosen membership plan.
19. ACADEMIC DISCOUNT.
The commitment to education is a defining characteristic of Rhino House. Our team believes in our users and equally supports students, faculty and schools who strive for excellence.
To receive the Educational discount, you must be a current student or a teacher.
During check out, please fill in your School name and Program information.
If you provide incorrect academic information, then we may cancel your account.
20. TECHNICAL SUPPORT.
Technical Questions regarding Rhino House platform are answered through Rhino House Support System. All support emails are answered within 48 hours. Support emails received on holidays and weekends are answered within 48 hours of the following business day. To submit a support request, please go to www. Rhino House.com\support.
21. CONTACT INFORMATION.
For customer service questions e-mail Rhino House at email@example.com All e-mails will be answered within 48 hours. E-mails sent during holidays and weekends will be answered within 48 hours of the following business day. To speak to a Rhino House representative regarding your Rhino House order, call (800) 886-9907 between the hours of 9:00AM -5:00PM Monday through Friday (PST). All messages received during holidays and weekends will be returned within 48 hours of the following business day.