Understanding Our Rules And Guidelines
Terms of Service & Conditions of USE
Contractual Participants and Mutual Benefit
- The parties bound by these Terms and Conditions of Use (“Agreement”) are Rubys Book (“Company”), which operates www.rubysbook.com and its affiliated websites or mobile versions (“Websites”) including all associated photos, text, hyperlinks, search engines, and other software (“Materials”), and You, the user browsing these Websites (“User”). In this Agreement, “we” and “us” refer to the Company and the Websites, while “You” and “Your” refer to the User.
- In consideration of accessing the Materials and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You agree to be bound by all terms and conditions of this Agreement, and You represent and warrant that: (i) You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) You possess the legal capacity to enter into and abide by this Agreement; (iii) Your use of the Websites is voluntary and not the result of coercion; and (iv) You have not been convicted of a felony or any criminal sexual offense, nor are You required to register as a sex offender with any governmental entity.
- You further represent and warrant that You are not a resident of, nor located in, any country or territory that is subject to comprehensive U.S. sanctions or otherwise prohibited by U.S. law from accessing or using the Materials (“Prohibited Areas”). This currently includes, but is not limited to, Afghanistan, Iran, Iraq, Libya, North Korea, Syria, and the Crimea region of Ukraine. You acknowledge that this list may change and it is Your responsibility to ensure compliance with applicable laws and regulations.
- You acknowledge that the information accessed through this platform is confidential and proprietary. You agree NOT TO DISCLOSE distribute, or share this information with any third party, under any circumstances. Violation of this confidentiality provision will result in immediate termination of your access and potential legal action.
User’s Code Of Conduct
- Regarding your use of the Websites, both online and offline, you agree not to violate any third-party rights, nor engage in harassment or any behavior that we, in our sole discretion, deem offensive or disruptive. You will not participate in, attempt to participate in, or assist others in participating in any prohibited activities, including but not limited to: (1) allowing unauthorized individuals to directly or indirectly access the Materials; (2) modifying, translating, reverse engineering, decompiling, or disassembling the Materials, except where such restrictions are expressly prohibited by applicable law; (3) creating unauthorized copies or derivative works from the Materials; (4) renting, leasing, or transferring any rights to the Materials; (5) removing any proprietary notices, such as copyright or trademark notices, from the Materials; and (6) using the Materials in any way not explicitly authorized by the Company.
- You are prohibited from using the Websites for any illegal activities, whether online or offline. We cooperate with law enforcement agencies, in accordance with due process, to investigate suspected criminal activity. You acknowledge and agree that we reserve the right, but not the obligation, to deny access to or terminate your use of the Websites if we reasonably suspect a violation of this Agreement or engagement in any illegal activity.
Grant Of Limited License With Reservations
- You acknowledge and agree that the information and/or databases are proprietary and constitute valuable intellectual property, including copyrights, trademarks, and other forms of intellectual property owned by the Company or its Advertisers. Subject to the restrictions outlined in the Prohibited Areas section, we grant you a limited, non-exclusive, non-transferable, and revocable license to access, view, receive, and use the information and/or databases for private, non-commercial purposes, as authorized by us. Access to any part of the Websites in a manner that contradicts the explicit provisions of this Agreement is not permitted. This license will automatically terminate immediately if you a) fail to comply with the limitations described herein, b) breach any other provision of this Agreement, c) receive notification of termination from the Company or its authorized agent(s).
- All affiliated websites, trade names, and logos of the Company, including but not limited to those listed in the Trademarks/IP section, are the Company’s trade or service marks. These marks may only be used with prior written authorization and permission from the Company. All rights reserved. The license granted herein does not include permission to use the Company’s trade or service marks.
Indemnification For Unauthorized Use Of Proprietary Materials
- You agree to assume personal liability and indemnify the Company, its successors, and assigns for all damages resulting from any attempted or actual unauthorized downloading or duplication of the information and/or databases. This applies whether such actions were taken by you alone or with others, including any governmental agencies. Covered damages include all direct and consequential damages from unauthorized downloading, such as revenue loss, property loss, fines, attorney’s fees and costs, as well as damages from prosecution, government-imposed seizures, forfeitures, or injunctions.
Liability for Unauthorized Use of Intellectual Property
- You acknowledge that the Company does not screen Users beyond initial registration and has no control over their actions. The Company makes no representations regarding Users’ character, truthfulness, age, health, or other attributes. You agree that the Company does not endorse, encourage, recommend, or arrange communications or meetings between Users or third parties. You are responsible for exercising common sense and taking appropriate safety and privacy precautions if you choose to communicate or meet with any Users or third parties in connection with the Websites or information and/or databases.
- You acknowledge that the information and/or databases and all other services provided by the Company are offered “AS IS,” without any warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. You bear the full risk regarding the quality and performance of these information and/or databases and services. If the information and/or databases or any service from the Company are defective or cause damage to your computer or phone, or any inconvenience, you are responsible for all costs and damages resulting from these defects. Under no circumstances will the Company, its suppliers, licensees, resellers, or other users, or their respective suppliers, licensees, resellers, or customers, be liable to you or any other person for any indirect, special, incidental, or consequential damages. This includes, but is not limited to, damages for loss of goodwill, work stoppage, computer or phone failure, or any commercial damages resulting from viruses, worms, trojan horses, or other destructive software, or from your use of the Websites. This disclaimer of warranty is a fundamental part of the Agreement.
- The Company’s total liability for any claims, damages, or losses arising from or related to this Agreement, whether due to breach of contract, negligence, or any other legal theory, shall be limited to a maximum of one hundred dollars ($100). This includes, but is not limited to, any failure of performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, unauthorized access, alteration, or use of records.
- The Company does not provide any warranties, express or implied, concerning the information, services, or products available through or in connection with the Websites or information and/or databases. This includes, but is not limited to: Availability, Accuracy, or Content: No warranties are made regarding the availability, accuracy, or content of the information and/or databases or any information offered in the information and/or databases. Merchantability or Fitness for a Particular Purpose: The Company expressly disclaims any warranties of merchantability or fitness for a particular purpose.
- By using the Websites and any services, you acknowledge that you do so at your own risk. The Company does not represent, endorse, or guarantee the accuracy, reliability, or legality of any services provided in the information and/or databases. The Company is not liable for any damages resulting from the dissemination, failure to disseminate, or incorrect or inaccurate dissemination of any information and/or databases. Furthermore, while the Company reserves the right to screen, endorse, monitor, control, investigate, supervise, or remove any information and/or databases, it is under no obligation to do so. You hereby release the Company from any and all liability and responsibility in connection with any information and/or databases.
- Some of the information and/or databases you access might be linked to third-party websites or content. The Company does not have any editorial control or supervision over the selection or display of content provided by these third parties or their websites. These third parties are solely responsible and liable for the content they provide.
Notices To Company Or Users
- Notices from the Websites to authorized Users may be delivered through electronic messages or by posting on the Websites. Communications from you to the Company should be sent via electronic messages to [email protected] unless otherwise specified in the Agreement.
General
- This Agreement constitutes the complete understanding between you and the Company concerning the use of the Websites, including all Materials directly and indirectly related to them, such as the databases, information, contacts. It supersedes all prior written and oral agreements, understandings, writings, and representations. The Company reserves the right to amend this Agreement upon providing notice to you.
- If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
- We may assign any rights or delegate any performance under this Agreement without notice to You. You will not assign, delegate, or sublicense any of Your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
- All rights and remedies provided in this Agreement are cumulative and not exclusive. This means that if a party asserts a particular right or remedy, it does not preclude them from asserting other rights or seeking other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement.
- We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
- You agree to be bound by any affirmation, assent, or agreement you transmit through the Websites. You agree that when in the future You click on an ‘I agree,’ ‘I consent,’ or other similarly worded button, check box, or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
- We have written this Agreement and our associated website policies in the English language. You are representing Your understanding and assent to the English language version of this Agreement as it is published. We are not liable to You or any third party for any costs or expenses incurred in translating this Agreement. In the event that You choose to translate this Agreement, You do so at Your own risk, as only the English language version is binding.
- You understand and acknowledge that the software elements of the Websites may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
- This Agreement does not establish, create, imply, effectuate, or acknowledge any partnership, employment relationship, joint venture, or formal business entity of any nature. The parties’ rights and obligations are strictly limited to those explicitly delineated within this Agreement.
- No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from this Agreement.
- All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
- We make no representation that RubysBook.com is appropriate or available for use in all locations. You may not access or use RubysBook.com from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use RubysBook.com from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
- The services offered by RubysBook.com are VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You use RubysBook.com while located in a prohibited jurisdiction, You will be in violation of the law of such jurisdiction and this Agreement, and subject to having Your account suspended or terminated without any notice to You. You hereby agree that we cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any services offered on RubysBook.com, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of RubysBook.com in any jurisdiction.