Terms & Conditions
Welcome to the website http://www.rumblemonkey.com (the "Site") provided to you, the user of this Site (sometimes referred to as a "visitor," "you" or "your") by RumbleMonkey, Inc. ("RUMBLEMONKEY", the "Operators," "us" or "we"). We 're happy to have you visit us here at the Site, and while you 're here, we want your experience to be fun and enjoyable. The following terms and conditions ("Terms") govern the use of this Site, including users who register with the Site to obtain certain products and services (a "Member"). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and that you agree to them and intend to be legally bound by them, and they govern your access to and use of the Site and the Operator 's software platform ("Operators ' Services"). If you do not agree to these Terms, you are not granted permission to use this Site or the Operators ' Services and must exit immediately.
RUMBLEMONKEY develops, operates, and maintains software for users to conduct and/or participate in competitions of skill in connection with online video games ("Games") published by third-parties.
IF YOU ARE UNDER THE AGE OF 18 YOUR PARENT OR LEGAL GUARDIAN MUST CREATE AND ACCOUNT, CONSENT TO THESE TERMS, AND YOUR USE OF THE SIDE IN ORDER FOR YOU TO USE THE SITE. CHILDREN UNDER THE AGE OF 14 ARE NOT ALLOWED TO USED THE SITE OR ANY OF THE OPERATORS ' SERVICES, OR TO CREATE AND ACCOUNT.
RUMBLEMONKEY, which will handle and respond to all inquiries regarding the Site for the Operators, can be contacted at email@example.com or by telephone at (206) 934-1010 or by postal mail at: RumbleMonkey, Inc., 1425 Broadway, Suite 532, Seattle, Washington 98122.
1. Registration and Use of the Site. The Site may, from time to time, allow for the registration of Members. As part of such registration process, you may be required to provide the Operators with certain information about yourself including some types of personally identifying information such as your name and email address. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting the Operators using the contact information provided in the introduction to these Terms.
Limited License. The Operators ' Services are provided for, and RUMBLEMONKEY grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the Operators ' Services using a personal computer or a mobile device solely in accordance with these Terms.
Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of 18, your parent or legal guardian must create an Account, and consent to your use of the Site and the Operators' Services. Children under the age of 13 are not allowed to use the Site or the Operators ' Services or to create an account.
Account. To access certain portions of the Site or the Operators ' Services, you may be required to create an account through the Site (an "Account"). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. You agree that you shall not create an Account or access the Operators ' Services if you (i) are under the age of 18, without the consent of your parent or legal guardian, or at all if you are under the age of 13, (ii) if you have previously been removed by Operators ' or banned from using the Operators ' Services or the Games, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department 's list of Specially Designated Nationals.
Account Security. When you create an Account, you will have to create a username and password. Your username may be visible to other users; your password should not be shared with others. It is very important to maintain Account security. You alone are solely responsible for maintaining the confidentiality of your Account username and password. You agree to notify RUMBLEMONKEY immediately if you believe that your Account username and/or password have been compromised.
Rules Related to Account Names. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Site or Operators ' Services, including, without limitation, usernames (each an "User Identifier"), you must abide by the following guidelines as well as the rules of common decency. If RUMBLEMONKEY finds a User Identifier to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier that:
Belongs to another individual or entity with the intent to impersonate that individual or entity;
Incorporates or uses vulgar language or imagery or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
Is subject to the rights of any other person or entity without written authorization from that person or entity;
Belongs to a popular culture figure, celebrity or media personality;
Is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
Is related to drugs, sex, alcohol, or criminal activity; or
Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).
You may not use a misspelling or an alternative spelling to circumvent these restrictions, nor can you used a combination of names that violate any of these restrictions.
3. Proprietary Rights. As between any user and the Operators, the Operators own or license all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site ("Site Material"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to applicable copyright, trademark, patent and other laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and the Operators, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to the Operators or their affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate applicable trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms. You may not copy, reproduce, perform, distribute, display or create derivative works of Site Material, except as provided in these Terms.
4. Unauthorized Activities. You agree that you will not use the Site or the Operators ' Services for (a) any illegal or unauthorized purposes that violate any laws or encourages or advocates illegal activity (including import, export, gambling, and copyright laws); (b) to create, run, or participate in challenges, Games, tournaments, or other competitions for games of chance or to conduct; (c) offering cash prizes where it is prohibited by law; (d) participating in a challenge, game, tournament, or other competition that violates any law where you reside; (e) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with the Operators; (f) uploading, posting, hosting, or transmitting unsolicited email, SMSs, "spam" messages, worms or viruses or any code of a destructive nature; (g) contacting any other user of the Site who has requested not to be contacted; (h) stalking or harassing anyone; (i) any purpose that is commercial, business-related or advertises or offers to sell any products or services on the Site except with the Operators ' permission; (j) makes available any material that infringes copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (k) any purpose that could impose an unreasonable or excessively great amount of User Content (as defined below) on the Site; or (l) attempting to gain unauthorized access to the Operators ' computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from the Operators. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to the Operators and that in the event of such unauthorized use, the Operators shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site. The Site may, from time to time, allow you to contribute content, information, text, files, graphics, artwork, photographs, personal listings, messages, reviews, notes, postings, and other materials and information for access, use, and commentary by the Operators and other users to the Site ("User Content"). Failure to comply with these Terms may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitute a "bait and switch"; (e) misrepresent yourself in any way; (f) be obscene, child pornographic, or indecent; (g) make any false, misleading, or inaccurate statements; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal or other information, or that facilitate or enable such or that are intended to do any of the foregoing; (i) create, distribute or use any third party software, including without limitation "mods," cheats, addons or hacks, designed to change or manipulate any Games used in connection with the Operators ' Services; (j) constitute misappropriation of any trade secret or know-how; or (k) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or any other material or information to the Operators, you grant the Operators an unrestricted worldwide, perpetual, non-terminable, non-exclusive, irrevocable, transferable, royalty-free license to access, use, distribute, perform, reproduce, display, modify, translate, create derivative works based upon, sublicense the User Content, waive any moral rights in the User Content, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, and to use the User Content and your identity for promotional or other purposes, all without any compensation to you whatsoever.
You understand that the Operators may, but are not obligated to, review the website and refuse to post, edit, or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. The Operators shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 15 of these Terms.
Do not send the Operators unsolicited creative ideas, suggestions, content or materials intending or requesting that we review or evaluate them for use by us or any other party. The Operators have no obligation or responsibility whatsoever for submissions and, if sent to the Operators it will become the Operators ' property, without any obligation of confidence, restriction on use or disclosure, or obligation for attribution, compensation or otherwise to you or anyone else.
6. Commission of Unauthorized Activities or Violations of User Content Policies. RUMBLEMONKEY reserves the right, at its sole discretion, to temporarily or permanently suspend or terminate your Account and your access to the Operators ' Services, and to disqualify you from receiving any prize(s), if RUMBLEMONKEY suspects that you have committed any Unauthorized Activities or violated any User Content policies as set forth in Section 4 and Section 5 hereof.
7. Third Party Web Sites and Content. As set forth in Section 3 and Section 5, parties other than the Operators may provide products, services or content on the Site. Additionally, the Site contains links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. The Operators do not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties ' websites is at your own risk, and subject to the terms and conditions and privacy policies of such other websites. The Operators cannot guarantee that any website operated by any third-party, including but not limited to any Games run on or from any such site, will have uninterrupted services. You agree not to hold RUMBLEMONKEY responsible or liable in any way for any interruption of service of any third-party website, including any Games run on or from any such site, during the use of the Operators ' Services. The Operators do not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
8. Fees and Payments
- Fees and Payments. Some aspects of the Site and Operators ' Services require you to pay a fee. You may also purchase certain subscriptions to the Operators ' Services and/or physical products through the Site. You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the Operators ' Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Site or Operators ' Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Site, you (a) agree to pay the price for such products set forth in the Site, all shipping and handling charges and all applicable taxes in connection with your purchase (the "Full Purchase Cost") and (b) authorize RUMBLEMONKEY to charge your payment method for the Full Purchase Cost. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
- Returns and Refunds. All sales on the Site and the Operators ' Services are final. There are no refunds, returns, or exchanges for the purchase of any products or services purchased on or through the Site, including any and all of the Operators ' Services. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
- Order Acceptance. Once we receive your order, we 'll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify RUMBLEMONKEY 's acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. RUMBLEMONKEY reserves the right at any time after receiving your order to accept or decline your order for any reason. If RUMBLEMONKEY cancels an order after you have already been billed, then RUMBLEMONKEY will refund the billed amount.
- Products and Pricing. RUMBLEMONKEY may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Operators ' Services or any products sold through the Site. The inclusion of any products through the Site at a particular time does not imply or warrant that these products will be available at any other time. RUMBLEMONKEY reserves the right to change prices for products displayed on the Site, or the Operators ' Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.
10. Disclaimer. All content on the Site, including the Site Material and User Content, are intended for educational and entertainment purposes only. The Operators, their members, partners, subsidiaries, affiliates and licensors are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. The Operators reserve the right to immediately remove any Site Material or User Content for any reason or for no reason. The Operators cannot and do not review all communications made on or through the Site, but, although not obligated to, may, at any time, with or without notice and in its sole discretion, review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, including the registration information or profile information of a Member, or information posted to any blog, messaging or ratings features which may be on the Site. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content.
THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
THE OPERATORS, THEIR MEMBERS, PARTNERS, SUBSIDIARIES, AFFILIATES AND/OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE MATERIAL IS TIMELY, SECURE OR ERROR-FREE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Liability. THE OPERATORS AND THEIR MEMBERS, PARTNERS, SUBSIDIARIES, AFFILIATES AND/OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST OR ANTICIPATED REVENUES OR LOST OR ANTICIPATED PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR THE OPERATORS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE OPERATORS AND THEIR AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF THE OPERATORS AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel the Operators have breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
12. Indemnification. You shall indemnify the Operators and their members, partners, subsidiaries, affiliates, managers, directors, officers, employees, agents, supplier, contractors and licensors ("the Operators Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and in connection with your use of the Site or the use of the Site under your password by any person, whether or not authorized by you, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site (except to the extent attributable solely to the Operators), or any breach by you of these Terms, and shall indemnify and hold the Operators Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys ' fees and attorneys ' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of the Operators.
The Operators, their members, partners, subsidiaries, affiliates and/or licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If the Operators, their members, partners, subsidiaries, affiliates and/or its licensors do not notify you that they elect to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the Operators, their members, partners, subsidiaries, affiliates, and/or its licensors subject to the right of the Operators, their members, partners, subsidiaries, affiliates, and/or its licensors to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
13. Internet Security. The Operators use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. The Operators will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to the Operators via the Site or the Internet, including, for example, personally identifying information such as your name or address. RUMBLEMONKEY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE AND/OR USING THE OPERATORS ' SERVICES, YOU AGREE THAT RUMBLEMONKEY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
14. Sweepstakes and Contests. From time to time, the Operators may run various sweepstakes and contests on the Site in which some or all of the users of the Site may be eligible to participate. The use of the Site for the sweepstakes or contest is governed by these Terms. There will also be separate rules that will govern each specific sweepstakes or contest.
15. Complaint Procedures. If you are a copyright owner or an agent thereof and believe that any User Content, Site Material, or any other materials available on the Site infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following in writing to RUMBLEMONKEY at firstname.lastname@example.org or Attn: RumbleMonkey Designated Agent, RumbleMonkey, Inc., 1425 Broadway, Suite 532, Seattle, Washington 98122:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Your contact information, including your e-mail 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; and
- 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 an exclusive right that is allegedly infringed.
If you believe that any content or postings on this Site violates any other intellectual property or other rights you may have, please send the Operators a detailed message to the locations provided in the introduction to the Terms that includes: (a) your name and the name of your company, if any; (b) your contact information, including your postal address, daytime telephone number, and e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including that you have a good faith belief that the content or posting that is objectionable and is not authorized by the owner, its agent or the law; and (d) the following statement with your electronic or physical signature: "The statements, representations, and assertions made in this message are true, complete, and accurate and, under penalty of perjury, I attest I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message." It is the Operators ' policy to terminate the access privileges of individuals who repeatedly infringe the intellectual property rights of others through the Site.
16. Changes to these Terms. The Operators reserve the right at any time to modify, alter or update these Terms and the date of the most recent version will appear on this page. Although the Operators will post a notice of any such changes, it is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. The Operators reserve the right to terminate your access to this Site with or without notice in the event that you violate these Terms, for any reason whatsoever or for no reason. If you do not agree to any part of these Terms, as amended from time to time, immediately delete your Account and discontinue your uses of the Site and the Operators ' Services.
17. Governing Law and Jurisdiction. The Site and the Operators ' Services are operated by RUMBLEMONKEY in the United States. Anyone who chooses to access the Site or the Operators ' Services from locations outside of the United States do so of their own volition, at their own initiative, with knowledge that all interactions with RUMBLEMONKEY, the Site, and/or the Operators ' Services are governed by laws identified herein. These Terms represent the entire agreement between you and the Operators with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Washington, United States of America, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. You alone are responsible for compliance with any applicable local laws in the place where you reside. By accessing, viewing, or using the services, works, content, or Site Material, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in King County, Washington; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- Except as set forth below, any dispute of any kind arising from or relating to your use of the Site or the Operators ' Services shall be resolved finally and exclusively by binding arbitration which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules"). BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND RUMBLEMONKEY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in King County, Washington, unless the parties agree to video, phone and/or internet connection appearances. The arbitrators will be instructed to prepare and deliver a written, reasoned opinion stating their decision within thirty (30) days of the completion of the arbitration. The prevailing Party in such arbitration shall be entitled to expenses, including costs and reasonable attorneys ' and other professional fees, incurred in connection with the arbitration (but excluding any costs and fees associated with prior negotiation or mediation). The decision of the arbitrators shall be final and non-appealable and may be enforced in any court of competent jurisdiction.
- You and RUMBLEMONKEY agree that any arbitration shall be limited to the Claim between RUMBLEMONKEY and you individually. YOU AND RUMBLEMONKEY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Notwithstanding anything else in this Section 18, you and RUMBLEMONKEY agree that any claim for equitable relief, including but not limited to for the purpose of protecting intellectual property rights, or to prevent or halt the infringement thereof, may be brought in a federal or state court located in King County, Washington. The filing of such a claim for equitable relief shall not waive the right to proceed to resolve any other disputes between the you and RUMBLEMONKEY in arbitration as set forth in these Terms.
19. Force Majeure. RUMBLEMONKEY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RUMBLEMONKEY, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RUMBLEMONKEY 's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
20. Miscellaneous. The Site is controlled and operated from within the United States. Access to the Site from territories where the Site, Site Material, or services, products or other information available on, in, or through the Site are illegal is prohibited. These Terms may only be revised in writing by RUMBLEMONKEY, or published by RUMBLEMONKEY on the Site. If any provision of the present Terms shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity or enforceability of any remaining provisions. The waiver or failure of the Operators to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. RUMBLEMONKEY may assign its rights or obligations under these Terms, in whole or in part, to any person or entity at any time with or without your consent; you may not assign your rights or obligations under these Terms without RUMBLEMONKEY 's prior written consent, and any unauthorized assignment by you shall be null and void. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RUMBLEMONKEY as a result of this Agreement or your use of the Site or the Operators ' Services. In the event any litigation is brought by either party in connection with these Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys ' fees and other expenses incurred by such prevailing party in the litigation. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. These Terms are effective until terminated. RUMBLEMONKEY may terminate these Terms with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Site and the Operators ' Services and notifying RUMBLEMONKEY in writing. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."
Updated March 24, 2017
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