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RightBack Terms of Service

Effective Date: April 25, 2026

1. INTRODUCTION

RightBack.com LLC (“RightBack”, “we”, “us”, and “our”) provides a social networking, communication, advertising, and transaction facilitation platform (“Platform”) for you (“you”, “your”, and “yourself”), governed by the laws of the United States and these Terms of Service (“Terms of Service”). RightBack acts as a technical platform operator and limited licensee of the underlying technology; RightBack does not transfer ownership of digital goods, permanent content licenses, or proprietary systems. All user-to-user transactions facilitated through the Platform, including PlyBy™ and VIP Channels, provide users with access to digital content and do not transfer ownership or permanent rights in any content. For tax classification and reporting purposes only, such transactions are treated as digital content, regardless of how such transactions are described by users. Advertising services are classified separately as promotional or marketing services.

By using services via RightBack (“Services”), you represent and warrant that: (i) you are at least 18 years of age and have the legal capacity to enter into these Terms of Service; (ii) you own or have the necessary legal rights, licenses, and consents to all content you upload or transmit; (iii) your use of the Platform and the PlyBy™ service does not violate any local, state, or federal laws or regulations; and (iv) you agree to these Terms of Service.

For contractual purposes, you (i) consent to receive communications from RightBack in an electronic form (e.g., via the email address you provided); and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RightBack provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. Your act of clicking a button labeled "I Agree," or similar constitutes your electronic signature and your explicit agreement to be bound by these Terms of Service as if you had signed a physical document.

RightBack reserves the right to modify, amend, or update these Terms of Service at any time. We will provide notice of material changes by updating the "Effective Date" at the top of these Terms of Service. Your continued use of the Platform after such changes are posted constitutes your explicit acceptance of the revised Terms of Service.

To comply with Stripe’s requirements and anti-money laundering (AML) laws, RightBack and Stripe may require you to provide additional information to verify your identity, and you authorize RightBack to share Connected Account Data with Stripe and other third-party service providers. RightBack reserves the right to suspend your account or instruct the payment processor to delay, restrict, or withhold payouts if you fail to satisfy these verification requirements.

2. USER CONTENT

You retain all ownership and copyright in the content you upload to the Platform.

We do not claim ownership of your content, but you grant us a license to use it. When you share, post, or upload content that is subject to intellectual property rights on or through the Platform, you grant RightBack a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, use, reproduce, distribute, modify, adapt, publish, run, copy, publicly perform or display, translate, and create derivative works of such content. Users are not granted the right to download or permanently store any other user’s content uploaded to the Platform. Any temporary downloads that are strictly incidental to browser caching required for performance do not constitute a license for possession.

You are solely responsible for ensuring that your use of the Platform, including any content, services, or transactions, complies with all applicable laws, payment network rules, and Stripe requirements. Any violation of this provision constitutes a material breach of these Terms and may result in immediate suspension or termination of your account. You agree to comply with all applicable payment network rules and the requirements of Stripe, including the Stripe Service Agreements and Stripe Prohibited and Restricted Businesses, as updated from time to time. You may not use the Platform to engage in, facilitate, or promote any activity that is prohibited by Stripe or applicable law, including but not limited to restricted or illegal products, services, or transactions. You acknowledge that Stripe independently monitors transactions and may suspend, restrict, or terminate payment processing, delay or withhold payouts, impose reserves, or take other enforcement actions at its sole discretion. RightBack does not control and is not responsible for such actions.

You may not use automated means, including bots, scrapers, or similar technologies, to access, collect, or extract data from the Platform without prior authorization, or attempt to access any data or content that you are not authorized to access. RightBack prohibits the posting, transmission, or distribution of sexually explicit content, illegal activity, or infringing material on the Platform.

RightBack reserves the right, at its sole and absolute discretion, to suspend, disable, or permanently terminate any user account at any time, with or without notice, for any violation of these content standards or these Terms of Service. RightBack reserves the right, but not the obligation, to monitor transactions and content for compliance with Stripe requirements and may take any action it deems necessary to prevent or address violations. RightBack has no obligation to enforce the Terms of Service against any user.

3. OWNERSHIP & LICENSING OF INTELLECTUAL PROPERTY

The RightBack Platform, including all source code, website architecture, "look and feel," trademarks, and the proprietary patent-pending PlyBy™ communication technology, is the exclusive property of a third-party intellectual property holding company (“Licensor”). RightBack operates under a restricted, non-exclusive license from the Licensor. This license is subject to an Automatic Reversion Clause. In the event of RightBack’s insolvency, bankruptcy, assignment for the benefit of creditors, or material breach of the intercompany license agreement, the license shall be deemed immediately and automatically revoked. Upon such event, all rights to the technology, data structures, and patent-pending processes revert solely and exclusively to the Licensor, and RightBack shall have no further right to utilize the IP. The Licensor possesses the independent legal right to enforce these Intellectual Property protections and seek preliminary and permanent injunctive relief directly against users, independent of and without the necessity of joining the Operating Company (RightBack) in such litigation.

If you provide any feedback or ideas regarding the Platform or PlyBy™ technology (“Feedback”), you hereby grant the Licensor an irrevocable, perpetual, and royalty-free license to implement and commercialize such Feedback. You waive any claim that such implementation infringes upon any "moral rights" or intellectual property interests in the Feedback.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. RightBack's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Furthermore, any failure or delay by RightBack to enforce these Terms of Service shall not constitute a waiver of the Licensor’s independent right to enforce its proprietary interests or protect its licensed technology.

4. SERVICES WE FACILITATE

Licensed Paid Reply Service: PlyBy™ is a patent-pending priority communication service licensed by Licensor to RightBack, in which a reply Requester (“Requester”) purchases a reply from an intended recipient user (“Recipient”) by a deadline. Transactions facilitated through the Platform do not transfer title, ownership, or permanent rights to any content; however, all transactions, including communications and any content transmitted within replies, are treated as digital content for tax classification and compliance purposes. The service is deemed fulfilled upon the Recipient’s timely transmission of a reply that includes digital content, regardless of the substance or outcome of the communication, so long as the reply is not empty, and such reply and any included content are treated as digital content for tax classification and compliance purposes. Use of this service is subject to the following technical and performance conditions:

  • When a PlyBy order is placed, the Requester’s payment method may be authorized for the transaction amount. If the Recipient delivers a reply within the selected deadline, the transaction will proceed to completion following the applicable 24-hour pending period, after which the payment may be captured in accordance with Stripe’s processing. If the Recipient fails to deliver a reply within the required timeframe, the transaction will not be completed and any authorized payment will be released or voided in accordance with Stripe’s processing. After the 24-hour pending period, the transaction is considered complete and the payment is finalized.
  • RightBack’s technical logs regarding the timestamps of the deadline and the reply transmission shall serve as the authoritative reference for resolving any disputes regarding timing, performance, or fee retention, subject to applicable law.
  • All users who receive funds from other users through the Platform are the sellers of record. As a result, any chargebacks, payment disputes, or reversals are between the users.
  • If the Requester cancels after a timely reply has been delivered, the Recipient may rate the Requester and the Requester forfeits the ability to rate the Recipient. User ratings help build trust and credibility within the Platform, and maintaining a positive rating and reputation may benefit the user in the future.
  • RightBack does not guarantee that any user will perform, respond, or fulfill any requested interaction or deliver any content. RightBack and its Licensor do not screen the subjective quality of replies and specifically disclaim all responsibility for the accuracy, completeness, usefulness, or professional quality of any communication transmitted via the service. The PlyBy™ service includes message transmission, timing, and content. RightBack does not guarantee the substance, quality, or delivery of any reply. The PlyBy™ service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied.
  • If the Requester fails to receive a reply from the Recipient by the deadline, the transaction is deemed "Expired," and no payment is due by the Requester. A transaction is deemed legally "complete" no later than 100 hours after being sent.
  • RightBack.com LLC and its Licensor do not warrant or guarantee that a reply will be delivered within a specific time frame or by a deadline. Any message delay, lack of receipt, quality, timing, and failure of any kind—whether caused by server error, network infrastructure, Recipient's failure to respond and otherwise—is provided without warranty.

VIP Channels Subscription Service: RightBack facilitates a subscription-based access service (“VIP Channels”) in which a user (the “Subscriber”) pays a recurring fee to another user (the “Channel Operator”) in exchange for access to a restricted channel and its associated content. The VIP Channels service provides Subscribers with access to view and interact with content made available within the channel, including content previously posted, solely during an active subscription period. The VIP Channels service constitutes a limited, revocable right to access content and channel participation and does not transfer title, ownership, or permanent rights to any content; however, all such access and content are treated as digital content for tax classification and compliance purposes. Access to all content, including historical content, is conditioned on maintaining an active subscription and may be modified, restricted, or terminated at any time. RightBack operates a platform that facilitates transactions between users but is not a party to such transactions except to the limited extent required by applicable law. Channel Operators who receive funds from other users for subscriptions are the sellers of record, except where applicable law requires otherwise. All charges, renewals, cancellations, and disputes are solely between the subscribing user and the Channel Operator. RightBack does not guarantee the availability, frequency, quality, or continued existence of any content or channel activity, and all access and content are provided “AS IS” and “AS AVAILABLE” without warranty of any kind.

Advertising Service: RightBack provides advertising in the form of profile promotions using an internal, auction-based advertising and promotional placement service in which users may bid for the display and promotion of profiles or content within the Platform. Advertising services are limited to the opportunity for placement, visibility, or promotion within the Platform and do not guarantee any specific results, performance, engagement, views, or outcomes. All advertising services, including placement, timing, visibility, distribution, and exposure, are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. RightBack utilizes an internal auction-based system to determine advertising placement, priority, and visibility. RightBack does not guarantee the operation, outcomes, ranking, bidding results, or performance of the auction system. All aspects of the auction system, including bidding, prioritization, timing, and display, are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. Advertising services are classified as promotional or marketing services and are treated separately from digital content transactions for tax purposes.

The Platform is intended solely to provide users with access to digital content delivered through communications and platform-based interactions and does not facilitate the sale or transfer of physical goods or ownership rights in any content. Users may not use the Platform to sell, transfer, or deliver physical goods, tangible property, or any goods or services that require shipment, offline fulfillment, or transfer outside of the Platform. Any content, communication, or interaction facilitated through the Platform in connection with user-to-user transactions, including PlyBy™ and VIP Channels, provides users with access to digital content and does not transfer ownership or permanent rights in any content. Such transactions are treated as digital content for tax classification and reporting purposes, regardless of how such transactions are described by users. Advertising services are separately classified as promotional or marketing services and are not treated as digital content for such purposes.

5. URL / HANDLE POLICY

RightBack may allow users to select or be assigned unique URLs, handles, or subdomains (collectively, "Custom URLs") to identify their accounts. You acknowledge that you do not own the Custom URL assigned to your account. RightBack reserves the right, at its sole and absolute discretion, to assign or refuse to assign any specific Custom URL to any user without regard to account seniority or numerical sequence. RightBack and the Licensor reserve the right to reclaim, reassign, or change any Custom URL at any time, for any reason, and without prior warning or liability to you. This includes, but is not limited to, reassigning a URL to protect the intellectual property of a third party, to resolve a dispute, or to prevent "squatting" on high-value handles. Custom URLs have no monetary value, and users are strictly prohibited from attempting to sell, trade, or "flip" handles for profit. Any such attempt is a material breach and will result in the immediate forfeiture of the handle and account termination.

6. PAYMENTS, FEES AND TAX COMPLIANCE

RightBack acts solely as a technology platform facilitating user transactions that provide user access to digital content from other users on the Platform, as well as advertising services. RightBack is not a payment processor and does not provide payment, financial, or money transmission services. All payment processing services, including authorization, capture, processing, settlement, and payout of funds, are performed by Stripe as an independent payment processor, and not by RightBack. All payment services provided by Stripe are subject to the Stripe Connected Account Agreement, including the Stripe Services Agreement (collectively, the “Stripe Services Agreement”), as may be updated by Stripe from time to time. RightBack does not control or handle the processing, authorization, settlement, or payout of funds and is not responsible for payment errors, failed transactions, delays, or interruptions. User-to-user payments are processed by Stripe as Direct Charges to the user’s Stripe account. By using the Platform, you agree to be bound by the Stripe Services Agreement. Each user maintains an independent contractual relationship with Stripe for payment processing services and is solely responsible for compliance with Stripe’s separate terms and requirements.

Users authorize Stripe, in accordance with its applicable agreements, to allocate and remit service fees ("Service Fees") in connection with each transaction, including but not limited to RightBack, and Stripe in accordance with the Stripe Services Agreement. Service Fees remain non-refundable to a user even in the event of a user-to-user dispute, chargeback, or refund.

RightBack is not the merchant of record for user-to-user transactions conducted through the Platform. RightBack does not determine pricing, control the terms of user engagements, or participate in contracts between users, and does not provide tax, legal, or accounting advice. RightBack does not act as an escrow agent, trustee, or fiduciary with respect to transaction proceeds. At no time does RightBack receive, hold, possess, or control a user’s funds in a custodial capacity. As the seller of record, users are solely responsible for all chargebacks and disputes and RightBack’s service fees may be non-refundable in these events. Each user is the account holder of their Stripe account and is solely responsible for compliance with the Stripe Services Agreement. Stripe operates independently and may take actions with respect to user accounts, transactions, reserves, or payouts in accordance with its own agreements and policies, without involvement or control by RightBack. Stripe may impose reserves, reverse transactions, recover funds, or offset amounts in accordance with its agreements.

All user-to-user transactions conducted through the Platform, including PlyBy™ and VIP Channels, are treated as digital content for tax classification and reporting purposes, regardless of how such transactions are described by users. Advertising services are classified separately as promotional or marketing services.

Stripe, TaxJar, and/or other applicable payment processors may issue applicable tax reporting forms (including but not limited to Form 1099-K) to users in accordance with legal requirements. RightBack does not control or guarantee such reporting.

Users acknowledge that RightBack will share “Connected Account Data” with the third-party service providers as necessary to facilitate payment services and comply with mandatory tax laws, identity verification (KYC) and anti-money laundering protocols.

7. OTHER THIRD-PARTY SERVICES

In addition to the Licensor, RightBack may rely on or integrate with other third-party services for certain functionality. RightBack does not control or guarantee the performance of such services. These third-party services may experience delays, outages, or inaccuracies, and RightBack disclaims liability for such failures.

RightBack may utilize third-party affiliate marketing providers, such as Rewardful, to track referrals and calculate affiliate compensation. All affiliate tracking services are provided "AS IS" and "AS AVAILABLE". RightBack and its Licensor shall not be responsible for any technical discrepancies, tracking failures, "cookie" errors, or any other failure of third-party technology to accurately record a referral. RightBack makes no representations or warranties regarding the continuous availability of the affiliate system. Compensation is only "earned" upon the successful, verified processing and settlement of the underlying transaction through the payment processor, and RightBack reserves the right to adjust or cancel commissions in the event of fraud, technical error, or Requesters' chargebacks. To the maximum extent permitted by law, RightBack’s total liability for any affiliate-related claim is limited by the terms set forth in Section 10 (Limitations of Liability).

RightBack.com LLC may promote, advertise, or provide ticketing links for live events hosted by RightBack Events LLC. Live events are operated by independent third parties that are not part of RightBack. RightBack.com LLC and RightBack Events LLC are separate and distinct legal entities. All ticket purchases, event registrations, and physical attendance at live parties are subject to the separate Terms of Attendance and Safety Waivers provided by RightBack Events LLC at the time of purchase. You acknowledge and agree that RightBack.com LLC is not responsible for, and shall have no liability for, any physical injury, property damage, or other loss occurring during live events or parties hosted, managed, or conducted by RightBack Events LLC. RightBack.com LLC provides the digital Platform and facilitation services only. By attending a live event promoted via the Services, you grant RightBack.com LLC a non-exclusive, royalty-free license to use any photography or video footage of you taken at such events for the purpose of promoting the RightBack digital Platform and PlyBy™ technology.

8. RELATIONSHIP OF THE PARTIES

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment, or agency relationship between you and RightBack or its Licensor. Users acknowledge they are independent third parties and the sole seller of record for all services provided via the Platform. Users possess no authority to bind RightBack or the Licensor to any obligation or contract. RightBack does not vet, endorse, or guarantee the accuracy, safety, or legality of the professional services or advice provided by users. You utilize such information at your own risk.

Users are solely responsible for ensuring that any content, performance, communication, or activity conducted through the Platform complies with all applicable laws, contracts, and professional obligations, including any union, guild, or collective bargaining requirements (including, without limitation, SAG-AFTRA or similar organizations). RightBack does not verify, monitor, or assume responsibility for any such compliance. RightBack is not a producer, employer, agent, or representative of any user and does not control, direct, or participate in the creation, performance, compensation, or terms of any user activity. RightBack has no responsibility for wages, residuals, reuse rights, endorsements, or any obligations arising from a user’s professional status or agreements. All content is provided by users for limited access and interaction within the Platform only. To the maximum extent permitted by law, RightBack disclaims all liability arising from or related to any user’s failure to comply with union or contractual obligations, or from any unauthorized use, reproduction, or distribution of content by users or third parties. This section is subject to and incorporated into the indemnification obligations set forth in Section 11.

9. USER INTERACTION, SAFETY & RISK ASSUMPTION

The Platform is not directed to individuals under the age of 18, and RightBack does not knowingly design, tailor, or optimize the Platform for use by minors or for any specific psychological profile. RightBack does not undertake any duty of care with respect to user conduct, content, or interactions.

You are solely responsible for your interactions with other users. RightBack and its Licensor make no representations or warranties as to the conduct of users or their compatibility with any current or future users. You acknowledge that RightBack does not perform criminal background checks on its users. You assume all risk associated with your use of the Platform and interactions with other users, including exposure to content or conduct of any kind that may be offensive, harmful, misleading, unlawful, or otherwise undesirable. RightBack does not verify or guarantee the identity of any user. To the maximum extent permitted by law, you are solely responsible for any consequences arising from such exposure or interactions, including any mental distress, emotional harm, reputational harm, economic loss, or other damages resulting from your use of the Platform or engagement with user content or user conduct.

The Platform may include features designed to facilitate communication, responsiveness, or user experience, including messaging systems, notifications, content feeds, or similar functionality. Such features are not designed to create compulsive usage, addiction, or psychological dependency. RightBack makes no representations or warranties regarding the amount of time any user chooses to spend on the Platform or the effects of such use. You acknowledge that use of the Platform may involve behavioral patterns, usage frequency, or engagement levels that may affect mood, perception, or well-being. You voluntarily assume all risks associated with your use of the Platform, including any alleged compulsive use, overuse, or behavioral patterns. You are solely responsible for managing your own usage, interactions, and engagement with the Platform.

To the maximum extent permitted by law, RightBack and its Licensor shall not be liable for any claims arising out of or relating to alleged addictive design, compulsive usage, excessive use, failure to warn, mental health effects, emotional distress, or any other psychological or behavioral impacts associated with use of the Platform or interactions with users or content.

10. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIGHTBACK.COM LLC, ITS LICENSOR, OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF RIGHTBACK.COM LLC OR THE LICENSOR TO YOU FOR ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS EXCEED THE GREATER OF $100.00 OR THE TOTAL AMOUNT OF SERVICE FEES RETAINED BY RIGHTBACK.COM LLC FROM YOUR TRANSACTIONS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless RightBack and its Licensor from and against any and all claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to your use of the Platform, your content, your interactions with other users, or your violation of these Terms of Service or applicable law. This indemnification obligation is primary and not conditioned on any finding of fault by RightBack. To the maximum extent permitted by law, you waive any right of contribution, offset, or apportionment against RightBack.

Without limiting the foregoing, you agree to indemnify, defend, and hold harmless RightBack and its Licensor from and against any and all claims, demands, disputes, or liabilities arising out of or related to (i) your failure to comply with any union, guild, or collective bargaining obligations, (ii) any claim that content or activity conducted through the Platform constitutes a performance or violates compensation, residual, or reuse requirements, or (iii) any alleged violation of publicity, likeness, endorsement, or similar rights.

12. DISCLAIMER OF WARRANTIES

THE RIGHTBACK PLATFORM AND PLYBY™ SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RIGHTBACK.COM LLC AND ITS LICENSOR DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE PLYBY™ COMMUNICATION WILL BE DELIVERED BY THE CHOSEN DEADLINE.

13. DISPUTE RESOLUTION & ARBITRATION

You and RightBack (including the Licensor as a third-party beneficiary) agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration rather than in a court of law. This means you and RightBack are each waiving the right to a trial by jury. The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

You and RightBack agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and RightBack agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. RightBack is under no obligation to become involved in disputes between users. While we may provide tools for communication and optional mediation, the resolution of any dispute regarding the quality, timing, or delivery of a PlyBy™ message is the sole responsibility of the Requester and Recipient. RightBack and its Licensor shall have no liability for any amount paid by a Requester to a Recipient.

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. Any arbitration hearings will take place in the county of your primary residence unless otherwise agreed upon, or in Johnson County, Kansas, at the election of RightBack or the Licensor.

The protections, waivers, and requirements set forth in this Section extend to the Licensor (the third-party IP Holding Company) as a third-party beneficiary of these Terms of Service.

Sections relating to intellectual property, indemnification, limitation of liability, and dispute resolution shall survive termination. This arbitration provision shall be interpreted as broadly as permitted under the Federal Arbitration Act.

14. DMCA & IP ENFORCEMENT

If you believe that any content hosted on RightBack infringes upon your copyright, please send a formal "Notice of Infringement" to our Designated Copyright Agent at: RightBack.com LLC, Attn: Copyright Agent, 8101 College Blvd Ste 100-1023, Overland Park, KS 66210, (913) 347-4977, dmca@rightback.com

To be effective, your "Notice of Infringement" must be written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit RightBack to locate the material (e.g., a direct URL link).
  • Contact information, including mailing address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work.

RightBack maintains a policy of terminating, in appropriate circumstances, users who are repeat infringers. If you believe that your content was removed or disabled in error, you may submit a counter-notification that complies with the DMCA. Upon receipt of a valid counter-notification, RightBack may restore the content in accordance with applicable law. RightBack acts as a service provider under the DMCA and does not control or monitor user content.

15. FORCE MAJEURE

Neither RightBack.com LLC nor the Licensor shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, telecommunication failures, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, including cyber-attacks or hacking.

16. INTEGRATION AND SEVERABILITY

These Terms of Service, together with the RightBack Privacy Policy and any other legal notices published by RightBack, constitute the entire agreement between you and RightBack concerning the Services. No other verbal or written communications, promises, or representations shall have any force or effect.

If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction—specifically a Kansas State Court or an arbitrator in Johnson County—the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

17. EXPORT CONTROL

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo (including, but not limited to, Cuba, Iran, North Korea, and Syria); or (b) a person or entity identified on any U.S. Government list of prohibited or restricted parties. You agree to immediately cease using the Platform and the PlyBy™ service if you become subject to any such sanctions or restrictions at any time during the duration of your account.

Users may not use the RightBack Platform or PlyBy™ technology for any purpose that violates U.S. or international export laws or trade sanctions.

18. STATUTE OF LIMITATIONS

You and RightBack agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

19. ASSIGNMENT

You may not assign or transfer these Terms of Service, or any rights or licenses granted hereunder, without RightBack’s prior written consent. RightBack and the Licensor may assign their rights under these Terms of Service without restriction or notice to you.

20. INTELLECTUAL PROPERTY WARRANTY & INDEMNITY

You represent and warrant that the content you upload does not infringe upon the Intellectual Property rights of any third party. You agree to pay all costs, damages, and attorney's fees finally awarded against RightBack or its Licensor resulting from a breach of this warranty.

21. NO THIRD-PARTY RIGHTS

Except for the Licensor, who is an intended third-party beneficiary of these Terms of Service, nothing in this agreement is intended to confer any rights or remedies upon any person other than the parties to this agreement.