Raptive Community Terms of Service

These Terms of Service (“Terms”) are effective October 2, 2024 and were last updated on September 11, 2025. These terms constitute a binding agreement between the person using this Service (“you”) and CMI Marketing, Inc. d/b/a/ Raptive (“Raptive” or “we” or “us”). If you are accessing the Raptive Community service (the “Service”) on behalf of a business entity, then “you” refers to the business entity, and you represent and warrant that you have the authority to bind such entity to these Terms. By using this Service you agree to these Terms. If you do not agree to the Terms, then you may not use the Service. 

PLEASE NOTE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT THAT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH RAPTIVE ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. 

1. Eligibility. You may use the Service only if (i) you are at least 18 years of age, (ii) you have the legal capacity to form a binding contract with us, (iii) you are not prevented by law from using services such as this Service, and (iv) you have not been suspended or removed from the Services by us.

2. Registration for an Account. To access some features of the Service, you may be required to create an account. When creating an account, you agree that all account registration information you submit will be accurate and updated. You are prohibited from choosing a user ID: (a) that is subject to the rights of another person without permission; (b) with the intent to impersonate another person, entity, business or organization; or (c) that is inappropriate, offensive or obscene. We reserve the right to refuse account registration for any reason or no reason. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately, at privacy@community.raptive.com of any unauthorized use of your account and agree that Raptive is not liable for any loss or damage arising from your failure to safeguard your password. To the fullest extent allowed by law, all activity conducted in connection with your account will be your responsibility. You acknowledge and agree that you shall have no ownership or other property interest in your account (other than Your Content), which account shall be owned by and inure to the benefit of Raptive.

3. Privacy and Data. When you use the Service, we may collect, use and share certain data, including the data you provide when you created an account for the Service, as provided in Raptive’s Privacy Statement [link], Raptive’s Advertising Privacy Statement [link] and, if applicable, the privacy policy from the website that linked you to the Service. You consent to the collection and use of this data as described in these statements/policies. 

4. Posting and Sharing Content. The Service allows you to post and share content with others. When using the Service you may have access to text, photos, images, music, videos, information, comments, likes, recommendations, questions, messages, links to third party websites, and other content or information (“Content”). We invite you to interact and share Content from the Service through our sharing features. Copying, sharing, or redistributing Content by any other means, including through web scraping, is prohibited. The Content available via the Service does not necessarily belong to us. Any rights beyond the Service are reserved to the owner of the Content. We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of the Content submitted by other users of the Service. You represent and warrant that you are the owner of all rights, title, and interest in and to any Content that you post, publish, submit, upload, transmit, or otherwise make available via the Service (“Your Content”), or that Your Content is in the public domain, or that you otherwise have all rights necessary to grant the licenses to Your Content provided for in Section 6 and 7 of these Terms. You further warrant that Your Content is accurate; will not violate the rights of any third party (including without limitation any copyright, property, or privacy right); does not violate these Terms; and will not cause injury to any person or entity.

5. Community Guidelines

We manage this Service on behalf of all its users, and strive to make it a safe space for all to interact and share Content. We will from time-to-time post Community Guidelines applicable to your use of the Service. Without limiting anything in the Community Guidelines, you agree that you will not:

  • Post any Content that is unlawful, threatening, abusive, obscene, pornographic, or profane or indecent, including without limitation any material constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, national or international law;
  • Post any Content that violates the privacy rights, publicity rights, copyrights, or any other rights of any other person;
  • Post any Content that depicts or contains graphic violence;
  • Post any Content that can be characterized as hate speech or that incites hatred against, or promotes harassment of, any individual, business or group, including without limitation on the basis of their race, ethnic origin, religion, or sexual orientation;
  • Asks any user for or disclose their personal information, including their address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature;
  • Post any Content that constitutes spam, chain letters, surveys, or unauthorized or unsolicited advertising;
  • Make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Improperly claim the identity of or otherwise impersonate another person or entity; 
  • Publish or link to malicious content that may damage or disrupt another user’s browser or computer; or
  • Post any Content or link to any content that is fraudulent, including attempts to trick or deceive a user into taking some action for the purpose of attracting traffic or to obtain information under false pretenses.

In addition, we expect that you will post Content that is on-topic and relevant to the section of the Service in which you post it. We reserve the right to moderate the Content on the Service, or have others do so, although we expressly disclaim any obligation to do so.  We may remove any Content at any time for any reason or no reason, and without any liability to you or the person that posted it. 

6. Child Safety. Do not share, offer for sale, or solicit Content that sexualizes or otherwise exploits minors. This includes but is not limited to text, photos, illustrations, videos, and animated imagery. This content and behavior is not tolerated on our platform, and will be reported to the National Center for Missing & Exploited Children (NCMEC) for further investigation as required by law.

7. License to Your Content. You remain the owner of all rights in Your Content. You grant to us a non-exclusive, transferable, fully sublicensable, royalty-free, perpetual, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of Your Content. 

8. License Grant to Other Users. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service and to use, reproduce, distribute, display, and perform Your Content as permitted through the functionality of the Service and under these Terms.

9. Community Moderation. Some users may be provided with additional account features to use to support their sections of the Service, including moderation tools. USERS WITH SUCH ACCESS ARE NOT AGENTS OF RAPTIVE AND WE ARE NOT RESPONSIBLE FOR THE ACTIONS TAKEN BY THESE USERS WHILE USING THESE ACCOUNT FEATURES. We reserve the right to overturn any action taken by these moderators if we, in our sole discretion, believe that such action is not in the interest of Raptive. We reserve the right to revoke or limit your access to these tools at any time, with or without notice, for any reason or no reason, including for a breach of these Terms or any relevant policies or guidelines. If you are given access to or use these additional account features, including moderation tools, then:

  • You agree that you are taking all actions related to community moderation on a volunteer basis and are not an employee or contractor of Raptive;
  • You may not represent that you are authorized to act on behalf of Raptive;
  • You may not enter into any agreement with a third party on behalf of Raptive;
  • You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties; and
  • If you have access to any non-public information through these account features, then you will use such information only in connection with your role as a volunteer moderator.

10. Third Party Sites and Services. The Service may contain links to third-party websites, advertisers, services, offers, or other events or activities that are not owned or controlled by Raptive. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content via the Service, you do so at your own risk. Raptive may not warn you that you are leaving the Service and are subject to the terms and conditions of another website or domain, which is not under the control of Raptive. You agree that Raptive has no liability arising from your use of or access to any third-party website, service, or Content.

11. Changes to the Service. We may add, change, or discontinue our existing Service features or the Service itself at any time, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Service.

12. Indemnity. You agree to defend, indemnify, and hold Raptive and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Raptive Entities”) harmless from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party, including any other user of the Service; (e) your interactions with other user of the Service; or (f) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of these Terms, and/or your access to the Service.

13. Disclaimers; No Warranties. You understand and agree that to the maximum extent permitted by applicable law your access to and use of the Services or any Content are at your own risk. Our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Raptive makes no warranties or representations and disclaims all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Service; (ii) any harm to computer systems, loss of data, or other harm that results from access to or use of the Service; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) viruses or other harmful components distributed by the Service; and (v) whether the Service will meet requirements or be available on an uninterrupted, secure, or error-free basis. We cannot guarantee continuous or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. No advice or information, whether oral or written, obtained from Raptive or through the Service will create any warranty not expressly made herein.

14. Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RAPTIVE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RAPTIVE ENTITIES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE SERVICE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

15. No Liability for Conduct of Others. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT RAPTIVE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OF THE SERVICE. RAPTIVE MAKES NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RAPTIVE MAKES NO WARRANTY REGARDING THE QUALITY OF SUCH GOODS OR SERVICES, NOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT MADE AVAILABLE BY THIRD PARTIES ON OR THROUGH THE SERVICE.

16. Procedure for Copyright Claims. 

We expect users of the Service to respect the intellectual property rights of others. If you believe in good faith that any of the Content on the Service infringes your copyright, please provide our copyright agent the written information specified below.

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) A description of the copyrighted work that you claim has been infringed;

(iii) A description of where the material that you claim is infringing is located on the Service;

(iv) Your address, telephone number and email address;

(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(vi) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Raptive’s copyright agent for notice of claims of copyright infringement can be reached at copyright@community.raptive.com.

17. Binding Arbitration (“Arbitration Agreement”)

  1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of this Service, to these Terms, or to any aspect of your relationship with Raptive, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Raptive may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

    You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Raptive alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against Raptive in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

    You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Raptive alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against Raptive in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

    The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  2. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief) to Raptive, 1411 Broadway, 27th Floor, New York, NY 10018. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by remotely, based on written submissions, or in person in at a mutually agreed location. Raptive will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Raptive after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  1.  Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, Raptive will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Raptive’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
  1. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Raptive. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  1. Waiver of Jury Trial. You and Raptive hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Raptive are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  1. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
  1. Batch Arbitration. You and Raptive agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Raptive within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Raptive agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
  1. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
  1. Survival. This Arbitration Agreement will survive the termination of your relationship with Raptive.
  1. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Raptive makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Raptive.

18. Governing Law, Jurisdiction and Venue. These Terms are to be governed by and interpreted under New York law, without regard to its conflict of law principles. This governing law provision is limited to specifying the choice of law to be used in the governance and interpretation of these Terms, and shall not create any other substantive right to assert claims under New York law, whether under statute, common law, or otherwise. Both you and Raptive agree that all claims or disputes arising out of or relating to these Terms that are not subject to mandatory arbitration as set forth in these Terms, or another agreement, shall be resolved exclusively in the U.S. District Court for the Southern District of New York, or in the state courts of New York located in New York City, and you hereby submit to the exclusive jurisdiction thereof.

Raptive is a US company and is subject to jurisdiction only in the United States. If you are a non-US resident and you have elected to opt out of the mandatory arbitration as provided in Section 16 above, you agree that the exclusive forum for pursuing any claim is the U.S. District Court for the Southern District of New York, and you hereby submit to the exclusive jurisdiction thereof. 

19. Term and Termination. The Terms commence on the date when you first access the Service and remain in full force and effect for as long as you access or use the Service, unless terminated earlier in accordance with the Terms. You may terminate these Terms with Raptive at any time by requesting that your account is deactivated or deleted at privacy@community.raptive.com. We may suspend, terminate, delete, or deactivate your account(s) or stop providing you with all or part of the Service at any time for any or no reason, with or without notice, without liability to you.

20. Survival. In the event of termination, whether by you or by us, the following provisions of these Terms shall survive:  Section 3, Section 6, Section 7, Section 8, Section 12, Section 13, Section 14, Section 15, Section 17, Section 18, Section 19, Section 20, Section 21, Section 22, and Section 23.

21. Updates. We reserve the right to amend these Terms at any time. We will notify you of any material changes as legally required (for example, by emailing you, or by posting an amendment notice via the Service). Such changes to the Terms shall be effective immediately. Changes to Community Guidelines are effective immediately unless otherwise stated. If you keep using the Service after a change to Terms is effective, you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Service. 

22. Notices. Notice to Raptive under these Terms must be in writing and sent to Raptive at legal@community.raptive.com. Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.

23. Miscellaneous. These Terms do not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship between you and Raptive. You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be withheld in our sole discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and Raptive, and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than you and Raptive. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control.