Terms of Use | Privacy Policy | Editorial Policy
Rumidate.com Website Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
1. General.
The Rumidate.com website (“Rumidate.com” or the “Website”) is provided and operated by Rumidate LLC and/or its affiliates and subsidiaries (collectively, “Rumidate,” “we,” “us” or “our”), and is subject to the terms of this Terms of Use (the “Terms and Conditions”). BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS SET FORTH IN THIS TERMS AND CONDITIONS, WHETHER OR NOT YOU ARE A REGISTERED MEMBER OF THE WEBSITE OR POST OR SUBMIT ANY MATERIAL OR CONTENT TO THE WEBSITE. Rumidate reserves the right, at our sole discretion, to modify, add or delete portions of the terms of this Terms and Conditions or change, suspend, discontinue, impose limits on or restrict your access to any aspect (including, but not limited to, features, databases or content) of the Website at any time, without actual notice to you. Any changes to this Terms and Conditions will go into effect immediately and become a part of this Terms and Conditions. All new features or functionality associated with the enhancement of Rumidate.com are subject to this Terms and Conditions, unless otherwise stated. The most current Terms and Conditions can always be found at Rumidate.com. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by this or any future Terms and Conditions, do not use or access (or continue to use or access) the Website or post or submit content to the Website. It is your responsibility to regularly check the Website to determine if there have been changes to this Terms and Conditions and to review such changes.
If you have any questions relating to the Website, please contact us at contact@rumidate.com. If you would like to submit a complaint or other report to us (including, without limitation, any suspected violations of this Terms and Conditions or applicable law, or any misconduct or other behavior by other users of the Website), please contact us at report@rumidate.com.
2. Eligibility.
Rumidate.com is not intended to be a children’s site; therefore, some of the available information may concern certain topics that may not be appropriate for children. By accessing, subscribing to, downloading and/or otherwise using the Website, you certify that you are at least thirteen (13) years of age, as the Website is not intended for users under 13, and you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms and Conditions. Any registration by, use of or access to Rumidate.com by anyone under 13 is unauthorized and in violation of this Terms and Conditions.
If the person accessing, subscribing to, downloading and/or otherwise using the Website is under the age of majority in his/her state of residence, then such person should review and discuss this Terms and Conditions with their parent or legal guardian, and by such person’s accessing, subscribing to, downloading and/or otherwise using the Website, such person’s parent or legal guardian is deemed to have consented to such person’s entering into this Terms and Conditions and deemed to have agreed to have such person be bound by the terms hereof. Therefore, Rumidate may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. Rumidate may, at its sole discretion, prevent you from posting content on the Website or deny you access to the Website, if it feels you have at any time violated these age requirements.
3. Proprietary Rights.
Rumidate, its affiliates and its licensors own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on the Website.
4. Restrictions on Use.
The content on the Website is intended for entertainment and informational purposes only. No research-related activities should be done based on the content or materials on the Website.
All rights to ownership or use not expressly stated herein are reserved by Rumidate and Rumidate disclaims any and all implied licenses. Except as expressly permitted, you agree not to use the Website or any content, code, data or materials on the Website for sale, trade or other commercial purposes, and, not to modify, copy, publish, distribute, display, transmit, adapt or in any way exploit the Website or any content, code, data or materials on the Website. Any action that constitutes such prohibited use of the Website or any content, code, data or materials thereon, may be a violation of copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Only if you obtain prior written consent from Rumidate (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Website. To seek permission, you may write to Rumidate at the address provided below. If permission is granted by Rumidate and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Website.
5. Trademarks.
Rumidate, the Rumidate logo and Rumidate.com are trademarks of Rumidate LLC. All other trademarks, service marks and trade names used on the Website are the property of their respective owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Rumidate or the owner of such trademark, service mark or trade name.
6. Privacy Policy.
When accessing or using the Website or through email correspondence from the Website, you may be asked to provide certain personalized information to us. Rumidate respects your personal information and privacy. The Website will not intentionally disclose any personally identifying information about you, including your email address and other information obtained from content or comment submissions, information regarding your IP address or information obtained by the Website from cookies, to third parties without your consent except where the Website, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of the Website or to enforce this Terms and Conditions or other rules of the Website. The Website reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Our information collection and use policies with respect to the privacy of such information are set forth in the Website’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the personal information you provide to the Website.
7. User Submissions.
Any and all content, comments, information, reviews, communications, creative and academic works, demos, ideas, photographs, suggestions, concepts, depictions, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our Website, or that which you send to us via email) (“User Submissions”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this Terms and Conditions and the Website’s Privacy Policy.
By submitting, posting or sending User Submissions to Rumidate, you: (i) represent and warrant that the User Submissions are original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such User Submissions and submit them to the Website, and that any “moral rights” in having the User Submissions edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived, (ii) have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in your submission to use the name, picture and/or likeness of each and every such identifiable individual person to enable inclusion and use of such submission and (iii) you grant Rumidate and its affiliates a royalty-free, unrestricted, commercial, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed (including, without limitation, any websites owned or operated by us). Rumidate shall be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The foregoing applies equally to unsolicited submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending, posting or submitting a User Submission, unsolicited or otherwise, you waive the right to make any claim against Rumidate, its members, subsidiaries, affiliates, employees or agents relating to such User Submission, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such User Submissions, including any portion thereof or other communication to Rumidate.
We cannot be responsible for maintaining any User Submissions that you provide to us, and we may delete or destroy any such User Submissions at any time. In the event of any unauthorized use of any of your content or materials from our Website (including any of your User Submissions in which you own the copyright), you agree to cooperate with Rumidate in enforcing such copyrights, at Rumidate’s expense, including, for example (without limitation) by joining Rumidate in any legal action therefor.
Unsolicited Materials
In operating the Website, Rumidate does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Rumidate mail and email addresses, or in any other way. Any information or material submitted or sent to Rumidate, will be deemed not to be confidential or secret. By submitting or sending information or other material to Rumidate you represent and warrant that the information is original to you and that no other party has any rights to the material.
8. Prohibited User Conduct.
Rumidate strives to maintain an environment and community free from offensive, disrespectful, profane, or otherwise inappropriate material. Rumidate urges you to report inappropriate or offensive content to report@rumidate.com.
You warrant and agree that, while accessing or using the Website, you shall not:
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Website or Rumidate;
• upload, post, email, transmit, distribute or otherwise publish to, on or through the Website any material that is false, fraudulent, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, offensive, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• use the Website to harm minors in any way;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, embedded links, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
• violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
• upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• “stalk” or otherwise harass another, or collect or store personal data about other users;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publicly available or provided for through the Website;
• violate or attempt to violate the security of the Website;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website (including, but not limited to the Website);
• engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users’ other information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;
• link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials, advertising or branding (we have the right to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time);
• use the Website or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages, “flooding” servers with requests or uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs ;
• use the Website or its services in violation of Rumidate’s or any third party’s intellectual property or other proprietary or legal rights;
• use the Website or its services in violation of any applicable law; or
• attempt (or encourage or support any person’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or its services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Website. You are also solely responsible for your interactions with other Rumidate.com users. Rumidate reserves the right, but has no obligation, to monitor disputes between you and other users.
Security
The Website resides on the public internet. Rumidate uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to Rumidate and information stored on servers used by Rumidate. Notwithstanding these efforts, Rumidate cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Violations of system or network security may result in civil or criminal liability. Rumidate reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
9. Monitoring Rights and Editorial Authority.
Rumidate and its affiliates reserve the right, but do not have nor assume any obligation to monitor and/or review any content, materials or comments posted or emailed to the Website, or through the Website’s services, submission forms or features by users (including by individuals and entities), and Rumidate is not responsible for any such materials or the activities of these users. Rumidate encourages its users to act responsibly when creating, posting or submitting content on or to the Website. Rumidate and its affiliates assume no responsibility or liability which may arise from the content, materials or comments thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Rumidate reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information, content, materials or comments, in whole or in part, that in Rumidate’s sole discretion are objectionable or in violation of this Terms and Conditions, Rumidate’s policies or applicable law.
10. Indemnification.
You agree to defend, indemnify and hold Rumidate, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, obligations, damages, costs and expenses, including reasonable attorneys’ fees, arising in any way from any violation of the terms and conditions of this Terms and Conditions, your use of (or inability to use) the Website, or any activity related to your use of Rumidate.com and any use of your User Submissions by Rumidate or any other party, including, but not limited to, any third party claim of infringement of an intellectual property (including copyright or trademark) or proprietary right or invasion of privacy or publicity. Rumidate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Rumidate in asserting any available defense. This indemnification and defense obligation will survive this Terms and Conditions and your use of the Website.
11. Advertising and Linked Websites.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Rumidate.com or Rumidate, including its respective employees, agents, directors, officers and members.
If Rumidate has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Rumidate is connected with, operates or controls these websites.
Rumidate is not responsible for the content or practices of third party websites that may be linked to the Website. The Website may also be linked to other websites operated by companies affiliated or connected with Rumidate. When visiting other websites, however, you should refer to such website’s individual “Terms and Conditions” (or related name) and not rely on this Terms and Conditions. Rumidate takes no responsibility for third party content or advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by its advertisers.
When you click on a link within Rumidate.com, you will not be warned that you have left the Website and are subject to the terms and conditions (including privacy policies) of such other site. In some cases, it may be less obvious than others that you have left the Website and reached a third party site. Please be careful to read the terms and conditions and privacy policy of any website before you provide any confidential information or engage in any transactions. Rumidate shall not be held responsible for your activities on websites other than Rumidate.com.
SPECIAL NOTICE: WEBSITES LINKED TO BY RUMIDATE.COM MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE THIRD PARTY WEBSITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE THIRD PARTY WEBSITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE THIRD PARTY WEBSITES.
12. Promotional Activities.
From time to time, Rumidate may offer, either on or through the Website, contests, promotions, simulations or games (collectively, the “Promotional Activities” or individually, the “Promotional Activity”). To participate in Promotional Activities, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Rumidate. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotional Activity, unless the description of the Promotional Activity expressly invites a user to register multiple times. Rumidate, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Rumidate and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of the Promotional Activities located on, or accessed through, the Website. Rumidate is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotional Activities.
Each Registered User agrees to be bound by the rules of any Promotional Activities and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Website, or the site where the Promotional Activities are conducted, is subject to immediate disqualification and revocation of their registration. Rumidate is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Promotional Activities may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with respect to each Promotional Activity.
Rumidate reserves the right to cancel, terminate or alter any Promotional Activity or the rules thereof at any time without prior notification.
13. Intellectual Property and Copyright Notice.
Rumidate respects the intellectual property of others and asks our users to do the same. Rumidate will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Rumidate’s Copyright Agent the following information in writing, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “Notice”):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
• a specific description of where the material that you claim has been infringed is located in the Website sufficient to permit Rumidate to locate the material;
• your address, telephone number and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
• a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide Rumidate’s Copyright Agent with the following information in writing pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(g)(3) (the “Counter Notice”):
• a physical or electronic signature of the user of the Website;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• the user’s name, address, telephone number and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that Rumidate may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the DMCA and other applicable law, Rumidate has adopted a policy of terminating access to the Website, in appropriate circumstances and at Rumidate’s sole discretion, of users who are deemed to be repeat infringers. Rumidate may also at its sole discretion limit access to the Website of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Rumidate’s Copyright Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted at: legal@rumidate.com
14. Disclaimer of Warranties.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, USER SUBMISSIONS, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” “WHERE IS” and “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. RUMIDATE ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. RUMIDATE DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY USER SUBMISSIONS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND RUMIDATE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONDUCT, USER SUBMISSIONS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. YOU ACKNOWLEDGE THAT RUMIDATE IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM YOUR USE OF OR FROM YOUR INABILITY TO USE THE WEBSITE.
15. Limitation of Liability.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RUMIDATE, ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE WEBSITE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE AND SERVICES, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE WEBSITE OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE WEBSITE; THE LINKING TO OTHER WEBSITES FROM THE WEBSITE; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE WEBSITE WHETHER OR NOT RUMIDATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL RUMIDATE AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, DIRECTORS AND OFFICERS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO RUMIDATE FOR ACCESS AND USE OF THE WEBSITE OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
16. Termination.
You agree that Rumidate, at its sole discretion, may terminate, change, suspend, impose limits on or discontinue your access to and use of Rumidate.com (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Rumidate believes that you have violated or acted inconsistently with the terms and conditions of the Terms and Conditions. Rumidate reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Website (or any part thereof) without notice. You agree that Rumidate and its respective subsidiaries, affiliates, employees, agents, directors and officers shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Website. Your obligations under the Terms and Conditions shall continue even after Rumidate has terminated and/or cancelled this Terms and Conditions or your access to the Website. Any provision that by its nature survives shall survive termination, expiration or cancellation of the Terms and Conditions including, but not limited to, the license granted by you to Rumidate for use of your User Submissions.
17. Applicable Laws.
The Website is intended for residents of the United States and is operated in the State of New York in the United States of America. Rumidate and its affiliates make no representation that the content provided through Rumidate.com is applicable or appropriate for use in jurisdictions other than the United States of America. If you access Rumidate.com (including, but not limited to, the Website) from outside of the United States, please be aware that you are responsible for compliance with any applicable laws. You agree Rumidate cannot be held liable if laws applicable to you restrict or prohibit your access to or participation on the Website. To the extent any applicable local laws prohibit your viewing and use of the Website, you may not view or use the Website. The Website reserves the right to monitor the location from which you access the Website and to block access from any jurisdiction other than the U.S., or any U.S. jurisdiction in which participation is illegal or restricted. All parties to this Terms and Conditions waive their respective rights to a trial by jury.
18. Jurisdiction.
The Terms and Conditions and the relationship between you and Rumidate shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Rumidate or relating in any way to your use of or inability to use the Website resides in the courts of the State of New York in Nassau County, and you further agree and expressly consent to the exercise of personal jurisdiction of the courts located within Nassau County in the State of New York, in connection with any such dispute and including any claim involving Rumidate or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
19. Other.
The failure of Rumidate to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. If any provision of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Rumidate may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You may not transfer, assign, sublicense or pledge in any manner whatsoever, this Terms and Conditions or the rights granted herein to any party without the prior written consent of Rumidate.
The section headings used in this Terms and Conditions are for convenience only and have no legal or contractual effect.
Order of Precedence
The Terms and Conditions governs your use of and access to the Website. The Terms and Conditions does not modify, alter or amend any other specific agreement you have entered or will enter into with Rumidate. To the extent that any provision of the Terms and Conditions, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the Website, conflicts with any provision of your other agreements with Rumidate, the terms and conditions of such other agreement shall take precedence over the conflicting term(s) and conditions of this Terms and Conditions (unless otherwise expressly provided in such other agreement).
Access to the Website
You shall be responsible for obtaining access to the Website and for all equipment necessary to access the Website and you acknowledge that obtaining the foregoing may involve third party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the Website, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Confidentiality
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Rumidate. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Rumidate or its licensors, including, but not limited to, all parts of the Website and any other materials or information related to the business or activities of Rumidate that are not generally known to others engaged in similar businesses or activities.
Questions
If you have questions or would like additional information regarding this Terms and Conditions of use, please contact us at legal@rumidate.com.
Last Update: March 25, 2009
