Registration on this website (the "Site") provides you with access to services provided by Rhythm NewMedia, Inc ("Rhythm NewMedia"), including but not limited to digital audio-visual content ("Content") which is delivered to your mobile device and delivered through the vSNAX application (collectively, the "Services"). By registering on this Site, viewing, running or otherwise using or accessing this site, you agree to be bound by all the provisions contained in these Terms of Use (the "Agreement").

This is a legal agreement between you and Rhythm NewMedia. Please read the Agreement carefully. If you do not agree to these terms then you may not access the Site or the Services or view any Content. Your use and/or access of the Site, the Services and/or the Content indicates your agreement with the terms of this Agreement.

1. Age Restriction and Advisory Ratings.  The Site, the Services and the Content are made available to users 18 years of age or older. If you are not yet 18 years old, please discontinue using the Site, the Services and the Content immediately. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site, the Services and the Content immediately. By using or attempting to use the Site, the Services and the Content, you certify that you are at least 18 years of age and meet any other eligibility requirements of the Agreement and/or the Site. You certify that you will abide by any advisory ratings that accompany the Content. If you are younger than any displayed age restriction that may accompany the Content, or if your viewing of the Content is illegal in your geographical region, you must immediately discontinue using the Content.
   
   
2. Nature of the Content.  Rhythm NewMedia distributes a variety of different Content, some of which may contain offensive language or negative stereotypes; however, Rhythm NewMedia does not endorse, support, sanction, encourage, verify or agree with the views presented in the Content. By viewing, running, displaying or otherwise using or accessing the Site, the Services or the Content, you agree that you are electing to view and/or access such potentially offensive content freely and of your own accord.
   
   
3. Interruption of the Services.  Rhythm NewMedia may modify, suspend or discontinue the Site, the Services and/or the Content, temporarily or permanently, and may remove, modify or delete any Content at any time, in its sole discretion. Rhythm NewMedia shall specifically have the right to, in its sole discretion, take down any Content that violates, or appears to violate, the rights of any third party rights holder.
   
   
4. License.  You acknowledge and agree that the Content made available through the Site and the Services is licensed to you by Rhythm NewMedia solely for your individual, non-commercial, personal use and subject to the restrictions set forth in this Agreement.
   
   
5. Restrictions.  You may not modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter the Content including, without limitation, (a) any editorial or contextual changes to the Content, (b) any modification or removal to any anchor text or metadata contained within the Content, (c) any changes to any marks, copyright notices or any other attribution, artwork or materials displayed or associated with the Content and/or (d) any changes which enable or facilitate any user to skip, fast-forward, delete, conceal, avoid or otherwise impair the display of any Content. You are also prohibited from: copying; downloading; redistributing or altering any Content; deleting content, advertising or promotional materials; deactivating any content protection mechanisms (e.g., watermarks, GGMS-A or CCI); inserting advertising or promotional material; inserting links to content or materials made available via any commercial web site and/or in a manner that facilitates access to Content without the related advertising and promotional material. You may not reformat, optimize or customize the Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms, including, without limitation, via the Internet or in connection with the implementation of an enhancement to the Services or otherwise.
   
   
6. Feedback.  You may, from time to time, provide feedback to Rhythm NewMedia related to the Site, the Services or the Content. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments and discoveries (collectively "Feedback"). You acknowledge and agree that all Feedback will be the sole and exclusive property of Rhythm NewMedia. You hereby irrevocably transfer and assign to Rhythm NewMedia and agree to irrevocably transfer and assign to Rhythm NewMedia all of your right, title, and interest in and to all Feedback, including all worldwide intellectual property rights therein. At Rhythm NewMedia's request and expense, you will execute documents and take such further acts as Rhythm NewMedia may reasonably request to assist Rhythm NewMedia to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
   
   
7. Rhythm NewMedia Property.  You will not earn or acquire any rights or licenses in the Site, the Services and/or the Content on account of this Agreement. You acknowledge and agree that Rhythm NewMedia and its licensors own all right, title, and interest in and to all of the Site, the Services and/or the Content, including all intellectual property rights therein, even if Rhythm NewMedia or its licensors incorporate any Feedback into subsequent versions of the Site, the Services and/or the Content. The Site, the Services and all of the Content are protected by copyright, trademark and other laws of both the United States and foreign countries.
   
   
8. General Prohibitions.  You agree not to do any of the following while using the Site, the Services or the Content; or in connection with your submission of a Comment:
   • Engage in any activities, including but not limited to posting, publishing transmitting or otherwise submitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another's privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another's rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
   • Copy, modify or distribute the HTML code used to generate web pages on the Site;
   • Access, tamper with or use non-public areas of the Site, the Rhythm NewMedia computer systems, or the technical delivery systems of Rhythm NewMedia providers;
   • Attempt to probe, scan or test the vulnerability of any Rhythm NewMedia system or network or breach any security or authentication measures;
   • Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Rhythm NewMedia or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
   • Frame the Site, except as may be expressly permitted in writing by Rhythm NewMedia;
   • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
   • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
   • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or
   • Impersonate or misrepresent your affiliation with any person or entity.

   Rhythm NewMedia will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site or Service security issues, to the fullest extent of the law. Rhythm NewMedia will involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Rhythm NewMedia has no obligation to monitor your use of, or access to the Site, the Services and/or the Content or any information you may provide during your use of, or access to the Site, the Services and/or the Content, but has the right to do so for the purposes of operating the Site or the Services, providing the content, ensuring your compliance with this Agreement, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
   

9. Termination of Use.  If you violate any of the terms of this Agreement, your permission to use the Site, the Services and/or the Content will automatically terminate. In such event, you must cease all use of the Site, the Services and/or the Content. Rhythm NewMedia's right to restrict you from using the Site, the Services and/or the Content will not limit any recourse which Rhythm NewMedia or any other third party may have against you for violation of this Agreement.
   
   
10. Links.  The Site may contain links to third party websites or resources which may provide access to content, products and services from third parties, including users, advertisers, affiliates and sponsors thereof. Although Rhythm NewMedia may elect to periodically screen such websites or resources for quality, links to such websites or resources on the Site do not imply any endorsement by Rhythm NewMedia of the content, products or services available from such websites or resources. You agree that Rhythm NewMedia is not responsible or liable for: (i) the availability or accuracy of such third party website or resources; (ii) the content, advertising, products or services on or available from such website or resources; or (iii) any opinions, advice, offers or other information on or available from such website or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Rhythm NewMedia is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Rhythm NewMedia is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Rhythm NewMedia is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
    
    
11. Use of the Site, Services or Content at Your Own Risk.  Viewing, running, displaying or otherwise using or accessing the Site or Services, and accessing, viewing, using, downloading, or transmitting any Content is at your own discretion and risk. Rhythm NewMedia will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your use of, or access to the Site, the Services or the Content.
    
    
12. Indemnity.  You agree to defend, indemnify and hold Rhythm NewMedia, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Rhythm NewMedia Entities"), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with your access to and general use of the Site, the Services or the Content, or your violation of this Agreement.
    
    
13. The Site, the Services and the Content are Available "AS-IS".  THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RHYTHM NEWMEDIA ENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, OR ACCESS TO THE SITE, THE SERVICES OR THE CONTENT ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES.

    THE RHYTHM NEWMEDIA ENTITIES MAKE NO WARRANTY THAT: (i) THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, THE SERVICES OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.

    THE RHYTHM NEWMEDIA ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, THE SERVICES OR THE CONTENT, AND MAKE NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SITE, THE SERVICES OR THE CONTENT. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOUR RELIANCE UPON THE SITE, THE SERVICES AND/OR THE CONTENT IS AT YOUR OWN RISK AND DOES NOT CREATE ANY LIABILITY ON THE PART OF THE RHYTHM NEWMEDIA ENTITIES.
    

14. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE RHYTHM NEWMEDIA ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, THE SERVICES OR THE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SITE, THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE RHYTHM NEWMEDIA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE RHYTHM NEWMEDIA ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE RHYTHM NEWMEDIA ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT UPLOADED ONTO, DOWNLOADED, ACCESSED, VIEWED, USED, SUBMITTED TO OR TRANSMITTED FROM THE SITE OR THROUGH THE SERVICES.

    YOU AGREE THAT THE AGGREGATE LIABILITY OF THE RHYTHM NEWMEDIA ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF OR ACCESS TO THE SITE, THE SERVICES OR THE CONTENT IS LIMITED TO TEN ($10) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE RHYTHM NEWMEDIA ENTITIES AND YOU.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    

15. Severability  In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
    
    
16. Waiver.  The failure of Rhythm NewMedia to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
    
    
17. Applicable Law.  This Agreement and all matters relating to your use of, and access to, the Site, the Services and the Content shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any legal action or proceeding relating to your use of, or access to, the Site, the Services and/or the Content shall be instituted in a state or federal court in Santa Clara County, California. You and Rhythm NewMedia agree to submit to the personal and exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
    
    
18. General.  This Agreement constitutes the entire and exclusive understanding and agreement between you and Rhythm NewMedia regarding your use of, and access to the Site, the Services and the Content. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Rhythm NewMedia. Rhythm NewMedia may assign this Agreement at any time without notice. This Agreement will bind and inure to the benefit of Rhythm NewMedia's successors and assigns. The failure to require performance of any provision shall not affect Rhythm NewMedia's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
    
    
19. Copyright & Trademark Information.  All trademarks, service marks, logos, trade names and any other proprietary designations used on the Site, in conjunction with the Services or within the Content are trademarks or registered trademarks of Rhythm NewMedia or its licensors. You may not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Site, in conjunction with the Services or within the Content.
    
    
20. Contact Information  If you have any questions regarding this Agreement or the Site, please contact Rhythm NewMedia at terms@vsnax.com.
    
    

Privacy Policy

Rhythm New Media, Inc. (“vSNAX”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.vsnax.com  (this “Site”).  This Privacy Policy applies only to information that you provide to us through this Site.  Our Privacy Policy may be updated from time to time, and we will notify you of any material changes by posting the new Privacy Policy on the Site. 

• Information Collection:  The Personally Identifiable Information We Collect
  
  
• In the course of using this Site, you may provide us with personally identifiable information.  This refers to information about you that can be used to contact or identify you, and information on your use of and activities at our Site that may be connected with you (“Personal Information”).  Personal Information that we collect may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses.  Personal Information may also include information you supply to us concerning your preferences and interests expressed in the course of use of our Site.
  
  
• When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website.  This information may include, but is not limited to, your computer’s Internet Protocol address, browser type, the web page you were visiting before you came to our Site and information you search for on our Site.  Like many websites, we also use “cookies” to collect information.  A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.  We use “persistent cookies” to save your registration ID and login password for future logins to the Site; and we use “session ID cookies” to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage and web traffic routing on the Site.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.  If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of our services.
  
  
• How We Use Personal Information
  
  
  • Personal Information is used for the following purposes:  (i) to provide and improve our Site, services, features and content, (ii) to administer your membership and your use of our Site, (iii) to enable users to enjoy and easily navigate the Site, (iv) to better understand your needs and interests, (v) to fulfill requests you may make, (vi) to personalize your experience, (vii) to provide or offer software updates and product announcements, and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties.  If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)
    
    
  • We use information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyze use of the Site and our services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and to verify that visitors to the Site meet the criteria required to process their requests.
     
• Information Sharing and Disclosure
  
  
  • vSNAX Users. We will display your Personal Information in your profile page and elsewhere on the Site according to the preferences you set in your account.  Any information you choose to provide should reflect how much you want all other vSNAX to know about you.  We recommend that you guard your anonymity and sensitive information and we encourage users to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.
    
    Service Providers, Business Partners and Others.  We may employ third party companies and individuals to facilitate our service, to provide the service on our behalf, to perform Site-related services (including but not limited to maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and service are used.  These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf.  We may also provide Personal Information to our business partners or other entities with whom we have cooperative relationships so that they can send you promotional and other information and engage in any of the activities described in Section 2 above. 
    
    Compliance with Laws and Law Enforcement.  vSNAX cooperates with government and law enforcement officials and private parties to enforce and comply with the law.  We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of vSNAX or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
    
    Business Transfers.  vSNAX may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
    
    
• Changing or Deleting Your Information
  
  All registered users may review, update, correct or delete the Personal Information provided in their registration or account profile by contacting us. If you completely delete all such information, then your account may become deactivated. 
  
  
• Security
  
  vSNAX is very concerned with safeguarding your information.  We employ reasonable measures designed to protect your information from unauthorized access. 
  
  
• Our Policy Toward Children
  
  This Site is not directed to children under 18.  We do not knowingly collect personally identifiable information from children under 13.  If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at Privacy@vSNAX.com.  If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. 
  
  
• Contacting Us
  
  If you have any questions about this Privacy Policy, please contact us at Privacy@vSNAX.com