TERMS OF USE and MEMBERSHIP AGREEMENT
Terms of Use and Membership Agreement (Agreement) is between rubity.com and you.
By becoming a member (i.e., creating a login id), you agree that you have read this Agreement, that you agree to be bound by its terms and conditions and that you are legally capable of entering into this Agreement.
In this Agreement, the terms We and Us shall mean rubity.com its officers, members, directors, employees, contractors, and subcontractors. The terms You or Yours shall mean you, the registered member, your heirs, agents, legal representatives, successor, and assigns.
You agree and represent that the information you provide to Us at registration is accurate, current, and complete and that you further agree to maintain and update your information to keep it accurate, current, and complete. You agree that We may rely on your registration data as accurate, current, and complete. You agree that We may terminate your membership if we determine that your registration data is untrue, inaccurate, not current, or incomplete.
Either You or We can terminate your membership at any time by either party notifying the other by e-mail. For you to terminate your membership, you must send the request to support@rubity.com. We also reserve the right to suspend your membership without notice for any breach of this Agreement, or our Privacy Policy.
Your membership is for your sole and personal use only. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
MODIFICATION OF AGREEMENT: We reserve the right at any time, at our sole discretion, to modify the terms and conditions of this Agreement. You are encouraged to check this website for changes and updates.
MODIFICATION OF SERVICES: We reserve the right at any time, at our sole discretion, to suspend or discontinue any aspect of your membership and services offered on the website or to members, including, without limitation, any rubity.com feature or content. You agree and understand that the only notice We will give to you will be posted on this website, and not necessarily communicated to you via email or other means.
USERNAME AND PASSWORD: As part of the registration process, you will be asked to select a username and password. We may refuse to grant any username that impersonates another, that is or may be illegal, that is or may be protected by trademark or other proprietary rights law, that is vulgar or otherwise offensive, or that may cause confusion, as We determine in our sole discretion. You are responsible for the confidentiality and use of your username and password). If you have reason to believe that your account is no longer secure, you should promptly change your password by updating your account information, available on the 'My Account' Page after logging on to rubity.com, and immediately notify Us by emailing Us at support@rubity.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
ONLINE CONDUCT: We reserve the right at any time, at our sole discretion, to suspend or discontinue your membership for violation of this agreement, or the the Privacy Policy. As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter referred to as "post") on this website, or transmit to other Members.
You will not "stalk" or otherwise harass any person
You will not post on this website, or transmit to other Members or others via this web site, any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us by sending an email to support@rubity.com of any material contained on the website that you believe violates these rules.
You will use your membership in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or personally identifiable information. rubity.com.com reserves the right, but has no obligation, to reject any profile, material, or photograph or image that does not comply with these prohibitions.
You will not impersonate any person or entity.
You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through this website. You will not transmit any chain letters, spam, or junk email to other Members.
You will not express or imply that any statements you make are endorsed by Us, without our specific prior written consent.
You will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this web site or its contents.
You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark, or other proprietary rights notices contained on this web site.
You will not interfere with or disrupt this web site or the servers or networks connected to this web site.
You will not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or other equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the web site.
You will not "frame" or "mirror" any part of the web site, without our prior written authorization. You also shall not use META-tags or code or other devices containing any reference to us or the web site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of this web site or any software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members. We reserves the right, but has no obligation, to monitor disputes between you and other Members.
INDEMNITY BY MEMBER: You agree to indemnify, defend and hold Us, our members, our officers, directors, employees, agents, and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through this web site are those of Members and others and not of rubity.com, and should not necessarily be relied upon. Such Members are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on this web site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on this web site or transmitted to Members.
HACKERS: It is possible that Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the web site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the web site, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you may choose to disclose on the web site or to others. Please carefully select the type of information that you post on the web site or release to others.
We reserve the right, but have no obligation, to monitor the materials posted in any area of this web site. We shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of ours, you remain solely responsible for the content of the materials you post in any area of this web site and your private email messages. Emails sent between you and other Members that are not readily accessible to the general public will be treated as private by us to the extent required by applicable law and pursuant to the commercially reasonable efforts of ours.
PROPRIETARY RIGHTS: We own and retain other proprietary rights relating to this web site. The web site contains the copyrighted material, trademarks, and other proprietary information and software of ours and its licensors. You are granted a non-exclusive, limited license to review and to download these materials for your personal use only. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any area of rubity.com, you automatically grant, and you represent and warrant that you have the right to grant, to us and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER: As part of the registration process, you will be required to provide your e-mail, first name and last name. Additional information that you may provide as a part of your profile is optional. All information we collect is subject to our Privacy Policy.
You agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof.
DISCLAIMER OF WARRANTIES: WE PROVIDE THE WEB SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH RUBITY.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED.
LIMITATION OF LIABILITY: IN NO EVENT WILL RUBITY.COM BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS, PERSONAL INJURY OR DEATH) ARISING OUT OF YOUR MEMBERSHIP AND/OR THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF RUBITY.COM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INJURY OR DEATH OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
IN ADDITION, SPARK42, LLC DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE WEB SITE.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
COPYRIGHT POLICY: We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:
- A description of the copyrighted work that you claim has been infringed
- Details of where the infringing material is located on the Site
- Your name, your kids names and email address
- A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and
- An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.
Please deliver this information to support@rubity.com.
COMPLAINTS: To resolve a complaint regarding the Service or the Site, you should contact Rubity Customer Support at support@rubity.com
This Agreement, in conjunction with the Privacy Policy, accepted by you upon registering for the Service, contains the entire agreement between you and us regarding your membership. In the event of any conflict between the Privacy Policy, the Site Use Agreement, and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Rubity.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You may not alter the terms and conditions of this Agreement without the prior written consent of Rubity.com. Any attempt to do so by you is hereby rejected and is void.
This Agreement shall be governed by the laws of the State of Illinois without reference to the conflicts of laws provisions. You agree that any dispute or action arising out of or in connection with this Agreement shall only be brought in the courts located in Cook County, Illinois, where you agree that venue and jurisdiction are proper.
By agreeing to this membership as required as a condition of registration, the Member agrees to be bound by these Rubity.com Membership Terms and Conditions.
