Terms of Use

 

General

 

Welcome to rumour! We are a mobile application that allows interested parties to provide information, content, services and events relating to the vibrant world of tattoos. 

 

The following terms are defined in these Terms of Use as follows:

 

“Application” means the Rumour App, LLC mobile application.

 

“content” means editorial, photos, videos, posts, comments, and/or any other materials or content.

 

“we” or “us” means Rumour App, LLC, the owner of the Application.

 

“you” means any individual or entity using the Application, including organizers, users, customers and tattoo artists or tattoo shops.

 

"organizer" means event creators using the Application to create events displayed on the Application for users of our Application.

 

“users” or “customers” means any person who uses the Application and obtains services from a tattoo artist or tattoo shop as a result of the Application.

 

“services” means any services or products provided to a user or customer by a tattoo artist or tattoo shop as a result of Application.

 

By creating an account or using the Application, you agree to these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Application or the features, tools or services available through the Application. Registering, accessing and/or using the Application is your agreement to be bound by these Terms of Use. 

 

Certain portions of these Terms of Use apply to users or customers when they seek or make an appointment with a tattoo artist or tattoo shop for services.  Certain portions of the Terms of Use apply to tattoo artists and/or shops when they accept appointments or provide services to users or customers. 

 

We reserve the right to change these Terms of Use or to impose new conditions on use of the Application, from time to time, in which case we will post the revised Terms of Use or additional conditions. We may not necessarily provide you with notice of any change to these Terms of Use, other than posting the new Terms of Use. By continuing to use the Application after we post any such changes, you accept the Terms of Use, as modified. You recognize that these Terms of Use may change and you agree to review them periodically.  These Terms of Use, as amended from time to time, form a legally binding agreement between you and us in relation to your use of the Application and related activities. It is important that you take the time to read them carefully.

 

You are responsible for obtaining access to the Application, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for all third party fees. You may stop using the Application and/or terminate your account at any time. You do not need to specifically inform us when you stop using the Application. 

 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

 

1.          Intellectual Property Rights and Permissions

 

A.         Licenses You Give to Us.

 

You hereby license to us all of the rights in your content submitted, shared, posted, uploaded or otherwise inputted by you that we use or we need in order to provide the Application to you and others.  We do not claim ownership of your content, but you grant us a license to use it, as necessary. 

 

When you share, post, or upload content that is covered by intellectual property rights (like photos, drawings or videos, including tattoos on persons) relating to the Application, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content including any photos, drawings or videos of tattoos (or work product) that you may post. We will use such content in accordance with our Privacy Policy and your Application settings. This license is terminable by you at any time by deleting the content or your account. You should note, however, that the content will remain on the Application and be visible if you shared it with others and they have not deleted it. Also, content you delete may remain for a limited period of time in backup copies of the Application.

 

You represent and warrant that: (i) you own the content posted by you on or through the Application or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of the content does not and will not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of the content on the Application does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Application.

 

You also grant to us a license to use your username, profile, profile picture, and information about your interactions with other users, accounts, advertisements, and sponsored content in connection with accounts, sponsored content or offers that you follow or engage with on the Application without compensation by us to you.  You hereby agree that we can use all of your content that you post for advertisements, promotions, or otherwise in connection with our operation of the Application, but subject to the terms of the Privacy Policy and your settings.

 

You also agree that we can update the Application on your device as necessary (including the installation of new or updated software) or change your username or similar identifier for your account, if we believe making such a change is appropriate or necessary. You may not use a username that would infringe on another person’s privacy or legal rights, or that is considered obscene, vulgar or otherwise offensive in our sole discretion.  You may modify certain aspects of the Application through your mobile device’s settings; provided that you recognize by adjusting the settings it may affect the usage of all aspects of the Application.

 

B.          Content Removal and Disabling or Terminating Your Account

 

We can remove any content or information that you or anyone share(s) on the Application if we believe that it violates these Terms of Use, our other policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Application to you (including terminating or disabling your account) immediately to protect the Application or our other users, or if you create risk or legal exposure for us, violate these Terms of Use or our other policies, or if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error you can contact us at support@rumourapp.com to request us to review the suspension and termination.

 

C.         Our License to You.

 

The Application and all content and other materials available on the Application (other than your content which remains your property) belongs to us or other users, and may be protected by copyright, trademark, and/or other intellectual property laws. You should use the Application and content and materials only in accordance with these Terms of Use and other policies and may not use the Application or the content or materials in a manner that constitutes an infringement of these rights. Nothing in these Terms of Use gives you a right to use any of our trademarks, service marks, logos, domain names, and other distinctive features. You also agree not to remove, obscure or alter any proprietary rights notices which are affixed to or contained within the Application. 

 

If you use content covered by intellectual property rights that we have and make available in the Application (for example, images, designs, videos, or sounds that we provide and that you add to other content), we retain all rights to our content (but not yours).

 

You can only use our intellectual property and trademarks or similar marks with our prior written permission. You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 

2.          Registration and Restrictions of Usage

 

A.         Registration

 

You agree to provide true, accurate, current and complete information about yourself and use the name for your account by which you are known and use in your daily life. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. You may not assign or grant any rights in and to use the Application or services provided by us without our express permission. 

 

You are responsible for maintaining the confidentiality of your login information including your password, so please do not give out your password to anyone.  You are responsible for all activities (whether by you or by others) that occur under your password or username. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

The Application is for persons over 18 years of age, and therefore you are not permitted to use the Application if you are under 18 years old.  Also, you are not permitted to use the Application, if we have previously disabled your account for violations of our Terms of Use or other policies, or if you are prohibited from receiving or using our Application under applicable laws.

 

The Application is supported in part by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Application or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

 

B.          Restrictions

 

We want our users to use the Application, share content, events or other thoughts relating to the tattoo community, but not in violation of others’ rights, safety or opinions. 

 

You therefore agree not to:

 

             ●           Use the Application in violation of any local, national or international law, generally accepted practices, guidelines or general community standards or these Terms of Use, and any regulations having the force of law.

 

             ●           Restrict or inhibit any other user from using and enjoying the services or features of the Application.     

            

             ●           Harm or threaten to harm minors in any way.

 

             ●           Manipulate the Application or any content in order to disguise the origin of any content displayed by, or transmitted over, the Application.

 

             ●           Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.

 

             ●           Use the Application to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

 

             ●           Interfere with or disrupt any servers or systems used to provide the Application or its features, or disobey any requirements, procedures, policies or regulations of the servers or systems we use to provide the Application.     

 

             ●           Use the Application to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

 

             ●           Gain, or attempt to gain, unauthorized access to the Application, or any account, computer system, or network connected to this Application, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.

 

             ●           Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application.

 

             ●           Use the Application to post or transmit any unlawful, threatening, tortuous, abusive, libelous, defamatory, obscene, hateful, racially or ethnically objectionable, vulgar, pornographic, profane or indecent or objectionable information of any kind or in any way, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

 

             ●           Use the Application to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

 

             ●           Use the Application to post or transmit any information, software or other material that contains a virus or other harmful component.

 

             ●           Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

 

             ●           “Stalk” or otherwise harass another.

 

             ●           Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.

 

             ●           Use the Application to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

 

             ●           Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Application, or collect data from the Application using automated means (without our prior permission) or attempt to access data you do not have permission to access.

 

Responsibility for what is posted on the Application, lies with each individual user as described above.  You alone are responsible for the content, including without limitation, that you post or send. We do not control the messages, information or files that you or others may provide through the Application and we are not responsible for the conduct of any user.  We also allow Users to control access to themselves by other Users through tools on the Application, including making their accounts private or blocking other Users.

 

You understand that we have no obligation to monitor any areas of the Application through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. We also reserve the right to deny access to the Application or any features of the Application to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Application or infringes the rights of others, or we may remove or restrict access to content that is in violation of these Terms of Use.

 

We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our Terms of Use and other policies.

 

3.          E-commerce – Artists, customers and payment

 

We provide users and tattoo artists and shops the ability to engage in commerce through the Application including without limitation by booking appointments, obtaining advice, publicizing or selling tickets to events, displaying their work product as well as general social media interaction.  The following provisions apply to such activities.  

 

A.         Using the Applications for E-commerce

 

We require that customers and tattoo artists or shops book appointments through the Application if the customer uses the Application to search for a tattoo artist or shop, or once a request to book an appointment is made.

 

In addition to its other features, tools and services, the Application allows customers to book, manage, and view appointments.  If you desire to cancel appointments you must do so directly with the tattoo artists or shops. We do not offer the ability to cancel appointments through the Application. As stated above, users must make appointments though the Application with any artist or shop that they have located or contacted through the Application.

 

We do not have control over (1) the quality, safety, morality or legality of any aspect of any services offered or provided by tattoo artists or shops, (2) the truth or accuracy of the listings or directory information provided by such artists or shops through the Application, (3) the timeliness or accuracy of any appointment or calendar, (4) the ability of artists or shops to provide the services, (5) the identity of any artist or customer, or (6) the ability of customers to pay for services.  We do not and cannot ensure that either the artist or the customer will actually complete a transaction. Accordingly, all information you rely on through the Application is solely at your own risk.

 

You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers for tattoo services. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY TATTOO ARTISTS OR SHOPS WITH WHOM A USER DIRECTLY CONTRACTS.  AT NO TIME WILL A CUSTOMER AND RETAIL MERCHANT RELATIONSHIP EXIST BETWEEN US AND A CUSTOMER. Tattoo artists and shops are solely responsible for providing services to customers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.

 

B.          Users/Customers

 

We also provide appointment booking services for users for the purpose of assisting users in making appointments with tattoo artists and shops.  In response to a user’s online request for a tattoo appointment through the Application, we will facilitate the booking of the appointment.  The availability of appointments is determined by the artist or shop.  Users understand and agree that we do not independently verify the availability of any artist or shop and cannot be held liable for errors relating to appointments. Once an appointment is made by an user through the Application, we will provide confirmation of the appointment to both the user and artist or shop.  By using our booking services, users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any chatbot-related or voice-assisted technology which we use. We are not liable for any reason if an appointment confirmation or reminder is not sent to or received by an user or the artist or shop. In order to treat artists or shops with respect, users must use reasonable efforts to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may only cancel your appointment by calling the artist or shop directly and comply with the artist’s or shop’s cancellation policy. No cancellations or modifications of appointments may be made through the Application. Be advised: you may be charged a cancellation fee indicated during the booking process, if you make an appointment, but you cancel late or no-show. Users who cancel or fail to show up for multiple bookings may have their accounts suspended or terminated, at our sole discretion.

 

We expect users to act responsibly and honor their appointments by arriving on time and paying for services. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination or suspension of your access to the Application.

 

Users will establish a wallet through the Application with Stripe so that users can pay the artist or shop for services and our fee related to the services. User should review the all agreements, terms of use and privacy or other policies of Stripe to ensure that users agree and consent to such documents.  The wallet will be debited with the cost of any services or products purchased through the Application and our fee.  The wallet will automatically be updated from time to time to maintain the required amounts.  Our fee for the services is nine percent (9%) of the value of each transaction (including with regard to the provisions of services or booking events).  In addition, standard text, mobile and data charges may apply. Our fees are subject to change from time to time. Any fees we collect with regard to services are non-refundable, whether the user cancels the appointment, fails to show up or for any other reason. Artists and shops set their own fees when the appointment is made, and they have the right to amend or change fees. Artists and shops will pay their own taxes on revenues, but applicable sales taxes may apply.

 

You may add, delete, and edit the debit or credit card account information you have provided from time to time through the Application. If you provide account information for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your bill.

 

To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use third-party vendors and service providers (such as payment gateway/services providers), other than Stripe or other payment processors from time to time, to process payments and manage debit and credit card information. By providing debit or credit card account information through the Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account through the Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using our Application you acknowledge and accept the binding agreement to bear full financial responsibility for all appointments that you make through the Application.

 

When you indicate through the Application that you intend to pay your bill using the payment services, you authorize us or the payment service provider to charge your debit or credit card for the full amount of the services to be rendered and any cancellation fees that you may incur at any time prior to or after the appointment time and date. You are responsible for timely payment of all amounts owed by you to us, the payment service provider and/or the artist or shop.

 

All the receipts for the transactions connected with the payment services are visible in the Application. If you would like an emailed version or a paper receipt, you must request one from the artist or shop at the time of the transaction or service.

 

We are not liable for any payments that the payment services does not complete for any reason.  If any amounts owed cannot be collected from your debit, or credit card account through the payment services, you are solely responsible for paying the applicable artist or shop for the full cost of the services by other means, such as cash.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Application. You agree to use the Application and to purchase services or products through the Application for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

 

C.        Events

 

We provide a simple and quick means for organizers to create speaker profiles, organizer profiles, and other webpages related to their events, promote those pages and events to users of the Application or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to users.

 

We are not the creator, organizer or owner of the events listed on the Application. Rather, the Application allows organizers to manage ticketing and registration and promote their events. The organizer is solely responsible for ensuring that any page displaying an event on the Application (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. Users must use Stripe to pay for the event and the terms set forth in 3B above relating to, among other terms set forth above, payments, credits, authorizations and the applicability of others’ terms of use or privacy other policies apply to the purchase of tickets for events using Stripe or another payment processor.

 

D.         Online Commerce between Customer and Third Parties

 

Certain sections of the Application may include links to, or allow you to purchase many different types of, products and services online that are provided by third parties, other than the tattoo artists or shops that have accounts with us. We may not have control over those third party applications.  We are also not responsible for the quality, accuracy, timeliness, reliability or any other aspect of the products and services sold at those other applications or by the third parties at the Application.

 

If you make a purchase from a merchant on a third party internet website or application, the information obtained during your visit to that merchant’s internet website, online store or application, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Application, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s application and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Application, including tattoo artists and shops.

 

E.          Terms Applicable Solely to Tattoo Artists and/or Shops

 

In addition to the other terms contained in these Terms of Use, the following applies to tattoo artist or shops.

 

In order to use the Application an artist or shop must create an account. By opening your account, you agree to comply with the Terms of Use and any other policies we have. When registering an Account, you represent that you are authorized to act on behalf of the artist or shop and must provide true, accurate, current, and complete data for us and our payment services. Our payment services provider may reject any artist or shop in its sole discretion.  You agree to update your account to keep it accurate, current, and complete.

 

We reserve the right to charge registration fees as we deem appropriate in our sole discretion.  We also may charge fees for the use of the Application as established from time to time.  Such fees will be set in our discretion and may be charged on a periodic basis and may include a trial period, in our sole discretion.  You can cancel your account at any time.  All sales and accepted bookings shall be binding and you agree that as the artist or shop, you will be solely responsible for delivery of any and all purchased services to users.  You will be solely responsible for the refund of any pre-paid fees to customers.  We retain our services fee in all events.  Every transaction shall be subject to applicable law.

 

By listing services, artists and shops must accurately describe the services and all terms of sale. Artists and shops are solely responsible for the accurate maintenance and updating of its calendar to show current,  correct availability for services.  We will never be responsible for double booking.  Artists and shops will not make false or misleading claims relating to the services and shall conduct themselves at all times in accordance with law and the highest industry standards of integrity, ethics and safety and health precautions and safeguards.

 

Artists and shops may choose to refuse any appointment in accordance with law and your standard policies. Before using the Application for appointments, artists and shops must have in place on the Application the following policies: pre-payment policies, cancellation policies, and payment policies, as well as any other policies you so desire.  All policies must be consistent with these Terms of Use.

 

If a user disputes any payment or services, then the user will work with Stripe and  the tattoo artist or the shop to resolve the dispute. We have no liability related to such disputes.  If we become a party to any such dispute, you agree as a result of using the Application to pay all costs and expenses, including attorneys' fees and other legal expenses, incurred by us relating to such dispute.

 

 

Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed through the Application.  We are not responsible and accept no liability for any delay of payout.

 

You agree that payment will be made from Stripe to you for services you supply and that all payment questions and disputes will be resolved through Stripe as the payment processor. 

 

We will attempt to fix processing errors we discover resulting from the use of the Application.  We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) calendar days of when it first appears on your electronic transaction history will act as a waiver of any claims. 

 

By accepting card transactions through the payment services, you agree to process returns of, and provide refunds and adjustments for your goods or services in accordance with these Terms of Use but directly to the customer.  You are obliged to disclose your refund or cancellation policy to customers at the time of purchase and/or booking, as applicable, and can refund transactions up to thirty (30) calendar days following the date of said transaction. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a chargeback relating to such sales.

 

We have no obligation to accept any returns of goods or services on your behalf, and therefore the service fee payable to us is non-refundable in all cases. By using the payment services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the payment processing network, as amended from time to time.

  

We are entitled to set-off any and all claims against amounts payable to us by you. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owing shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys' fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.

 

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason relating to your services.. You also are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.  We or our payment service provider are authorized to report any amounts payable to you as required by law. 

 

In connection with his, her or its use of the Application, an artist or shop will not cause us to sell on his, her, or its behalf or sell any of the following products or services (1) any illegal activity or goods; (2) drugs and tools intended for the production of drugs; (3) pharmacies or pharmacy referral services; (4) betting, including lottery tickets, sports related gambling, casinos; (5) insurance or other financial merchandise or services; (6) money transfer; (7) independent financial adviser services or securities; (8) pyramid selling or multi- level marketing; (9) counterfeit goods and goods infringing on third party intellectual property rights; (10) adult entertainment oriented products or services; (11) escort or sexual services; (12) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury; (13) internet/mail order/telephone order of age-restricted products (e.g., tobacco, alcohol); (14) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism; (15) any other sales of products or services in highly-regulated industries; and (16) illegal software or illegal downloads such as music, films, or games. Violations of this requirement may result in account suspension or termination.

 

The relationship between us and any artist or shop is that of an independent contractor and no partnership, joint venture, employee-employer relationship is created in connection with the use of the Application.

 

4.          Notice of Copyright Infringement.  

 

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Application in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to Rumour, LLC, 2360 Route 33,Suite 112 – 256,Robbinsville, NJ 08691-1416.  The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).

 

1.          A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.          Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.

3.          Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

4.          Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.

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.

 

Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Application.

 

5.          Disclaimers

 

Throughout the Application, there may be links to third party applications. Our linking to such third-parties does not imply an endorsement or sponsorship of those applications, or the information, products or services offered on or through those applications. In addition, neither we nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Application.

 

THE INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU UNDERSTAND THAT YOUR USE OF THE APPLICATION AND ANY THIRD PARTY APPLICATION IS AT YOUR SOLE RISK.

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, TITLE OR OWNERSHIP. WE DO NOT WARRANT THAT THE APPLICATION OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR MATERIALS ON THE APPLICATION OR ON THIRD-PARTY APPLICATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  IN PARTICULAR, WE DO NOT DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

                           (A)        YOUR USE OF THE APPLICATION OR ITS SERVICES WILL MEET YOUR REQUIREMENTS,

 

                           (B)        YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

 

                           (C)        THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE APPLICATION OR ITS SERVICES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

You must provide and are solely responsible for all hardware and/or software necessary to access the Application. Use of the Application is at your discretion and loss, and you assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

 

6.          Limitation of Liability

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION, OR ANY LOSS OF DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE APPLICATION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE APPLICATION, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE APPLICATION, OR WITH ANY OF THE APPLICATION’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE OR OF YOUR USE OF THE APPLICATION MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. 

 

7.          INDEMNIFICATION.

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND VENDORS AND RESPECTIVE DIRECTORS, OFFICERS, USERS, AND AGENTS, FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE APPLICATION; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THESE TERMS OF USE OR ANY OTHER POLICY APPLICABLE TO THE APPLICATION SUCH AS OUR PRIVACY POLICY; (C) YOUR USE OF THIRD-PARTY SERVICES, PLATFORMS, PRODUCTS, LINKS, ADVERTISEMENTS, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS AND FEEDBACK; (E) THE UNAUTHORIZED USE OF THE SERVICES BY ANY OTHER PERSON USING YOUR INFORMATION; (F) YOUR FAILURE TO COMPLY WITH THE NETWORK RULES OR PCI-DSS SECURITY STANDARDS, INCLUDING THE COMPROMISE OF ANY PAYMENT INFORMATION.

 

You understand that artists or shops and customers are solely responsible for their interactions between each other and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by any of them from any product or service of any artist or shop. You hereby release us from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Application or us pertaining to the subject matter of this paragraph.

 

8.          Termination

 

We may cancel or terminate your right to use the Application or any part of the Application at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Application (or the entire Application) affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Application, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

 

9.          Interstate Commerce

 

In using the Application or services, you will cause communications to be sent through our Application and its servers and networks.  Some of those servers and networks are located around the United States. As a result, communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.  You acknowledge that use of the Application results in interstate data transmissions.

 

Our services (including features such as messaging or emailing) may allow you and the people with whom you communicate to save your conversations in our or third party servers.  This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account(s).  Your use of the Application allows us to store these communications and to allow us to send you notices through our email service.

 

10.        Arbitration

 

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitration choice related to the controversy, dispute, demand, count, claim, or cause of action) between you and us or our successors or assigns shall exclusively be settled through binding and confidential arbitrating.

 

Arbitration shall be subject to the JAMS Arbitration Rules and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the JAMS's Streamlined Commercial Arbitration Rules (collectively, the "Rules and procedures"). You are therefore giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court. your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. You and us must abide by the following rules: (1) any claims brought by you or us must be brought in the party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

 

Notwithstanding the foregoing, either you or us may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the state of New Jersey. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in the state of New Jersey in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within the state of New Jersey for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.  

 

With the exception of the foregoing provisions (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either the foregoing paragraphs are found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New Jersey and we each waive, to the fullest extent allowed by law, any objection to such venue and jurisdiction, as well as all claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

 

You must first present any claim or dispute to us by contacting us in writing at the address contained on your invoice, to allow an opportunity to resolve the dispute.

 

11.        Other

 

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral.  We may provide you notices from time to time, and you consent to our doing so by either email, regular mail or posting on the Application regardless of the manner you typically communicate with us.  You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Application.  In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use shall govern.  If we do not exercise or enforce any legal right or remedy in these Terms of Use, this will not be deemed to be a formal waiver of our rights, and all rights and remedies under law and equity will still be available to us. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of law.

 

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No person or company shall be third party beneficiaries to these Terms of Use, other than our affiliated entities, if any.

 

Information for California Residents.  Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.

 

Information for International Users.  This Application is operated from the United States.  Recognizing the global nature of the applications, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.