Version Date: September 18, 2020
1. Introduction & Who May Use Rukkaz
These terms of service (“Terms”) apply to your download and use of Rukkaz whether on your computer, mobile device, on our website or on any other website, device or platform. By using Rukkaz you agree to be bound by these Terms. If you do not agree to be bound by these Terms then please do not use, access or otherwise use Rukkaz.
In these terms, ‘RINC’, ‘we’, “us”, or “our’ are references to Rukkaz, Inc, having its registered office at 19 W 34th Street STE 1018, New York, 10001, together with its affiliate companies. Any information, text, links, graphics, photos, videos, or other materials or arrangements of materials appearing on Rukkaz are referred to herein as “Content”.
If you are under the age of 16 you should ask your parent or legal guardian to give you their permission for you to use Rukkaz. By allowing a child for whom you have responsibility to use Rukkaz, you agree to these Terms on the child’s behalf. If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org
2. Your Rukkaz Account
When you commence usage of Rukkaz, we automatically create an account (“Account”) on your behalf. Use of Rukkaz requires the creation of an account. Additionally, Rukkaz may ask you to provide information as part of your account to participate in certain features or to access certain content. You agree that you will not provide any false information to Rukkaz, or create an account for anyone other than yourself without their permission. You will also not create more than a reasonable number personal accounts, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g. if a trademark owner complains about a username). If you provide a password for your Rukkaz account, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and/or device so that others may not access the password protected portion of Rukkaz. You accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your Rukkaz account or any passwords used on Rukkaz. RINC may, in its sole discretion, and at any time, with or without notice and without any liability to you, disable, terminate or suspend your Account, for any reason or no reason at all. If we disable, terminate or suspend your Account, you agree that you will not create another Account without our express written permission.
RINC grants you a personal, worldwide, royalty free, revocable, non-exclusive, non-transferable, non-assignable, limited right and license to access Rukkaz for your personal use only, provided that you comply fully with these Terms. You shall not (or permit another person to) interfere or attempt to interfere with the operation or use of Rukkaz by other users in any way through any means or device.
RINC reserves the right, in its sole discretion, to (temporarily or permanently) change, modify, update, discontinue, suspend, remove, revise, delete or otherwise alter any part of Rukkaz, in whole or in part, at any time with or without notice. We may also remove or refuse to distribute any Content on Rukkaz.
We will try to notify you of material changes to the Rukkaz or these Terms by placing a notice on Rukkaz or in any other form we deem suitable. By continuing to access or use Rukkaz after any revisions or changes these Terms become effective, you agree to be bound by the revised Terms.
Rukkaz, including all of its software and Content (excluding “User Content”, as defined below) is owned by RINC and/or its licensors and is protected by copyright, trade mark and other laws in the U.K. and foreign countries. Except as expressly permitted herein, or otherwise in writing by RINC and/or its licensors (as applicable), you will not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part to Rukkaz or its Content. Nothing contained in these Terms should be construed as granting you any license or right to use Rukkaz or Content in any manner not specifically mentioned in these Terms. All right, title and interest in and to Rukkaz and its Content (excluding User Content) are and will remain the exclusive property of RINC and its licensors (as applicable). Any feedback, comments or suggestions you may provide regarding Rukkaz (or any parts thereof) is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligations to you.
You are responsible for your use of Rukkaz and for any content you provide, post or upload to Rukkaz (including on any forums or through other interactive features) including without limitation text, comments, postings or any other materials created by you (collectively, “User Content”). You should only provide User Content that you are comfortable publicly sharing with others on Rukkaz. You retain the rights to and own any User Content you submit, post or display on or through Rukkaz.
By submitting, posting or displaying User Content on or through Rukkaz, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed), whether on Rukkaz or third party websites or applications. This license authorises us to make your User Content available to any third party as we see fit and to let others do the same. You agree that this license includes the right for RINC to provide, promote, and improve Rukkaz and to make User Content submitted to or through Rukkaz available to other companies, organisations or individuals for the embedding, syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by RINC, or other companies, organisations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through Rukkaz.
RINC has a set of terms for how Rukkaz partners can interact with User Content on Rukkaz and to ensure your rights are respected and protected. You understand that we may modify or adapt User Content as it is distributed, embedded, syndicated, published, or broadcast by us and our partners and/or make changes to User Content in order to adapt User Content to different media.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You acknowledge and agree that User Content will not be acknowledged or returned and that RINC is not obligated to use any User Content you provide to Rukkaz.
We do our best to monitor the User Content posted via Rukkaz and enforce our Community Guidelines (set out below) to ensure that Rukkaz is a safe environment for all its users and in compliance with all applicable laws and regulations. Any use or reliance on any User Content or materials posted via Rukkaz or obtained by you through Rukkaz is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via Rukkaz or endorse any opinions expressed via Rukkaz. We do not ultimately control User Content and so cannot take responsibility for it. You understand that by using Rukkaz, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All User Content is the sole responsibility of the person who originated such User Content.
If you believe that use of Content appearing on Rukkaz has been copied in a way that constitutes copyright infringement, please report this by contacting us at email@example.com and please provide the following information:
- Your name, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Third Party Sites
Rukkaz may contain links to third party websites or resources, which may or may not be obvious as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications, advertising, promotions and other content originating from third parties (collectively, “Third Party Content”). Our provision of links to Third Party Content is not an endorsement of any information, product or service that is offered on or reached through such Third Party Content. Such Third Party Content is not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Content, websites or applications accessed through the Rukkaz or any Third Party Content posted on, available through or installed from Rukkaz, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. If you decide to leave Rukkaz and access the Third Party Content or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
8. Platform Guidelines
You are entirely responsible and liable for all activities conducted by you and any authorised user of your Account on Rukkaz, including the transmission, posting, or other provision of User Content. In addition to complying with any Rukkaz House Rules, Users of Rukkaz must not:
- harass, threaten, embarrass or cause distress or discomfort upon another Rukkaz user, or other individual or entity;
- post, upload or provide any User Content that may reasonably be considered to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- post, upload or provide any materials or content that include any personal information about yourself or any other individual;
- cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
- misrepresent yourself, your age or your affiliation with any person or entity, impersonate any person or entity, including but not limited to, a Rukkaz official, chat or message board leader, guide or host, or make false or misleading statements;
- disrupt the normal flow of dialogue in a Rukkaz chat room or otherwise act in a manner that negatively affects other participants;
- post or transmit any unsolicited advertising, promotional materials, or undertake any other forms of solicitation or commercial activity on Rukkaz;
- violate any applicable local, state, national or international law or regulations while using or accessing Rukkaz or upload or post any illegal or unlawful materials or content;
- invade the privacy or violate any personal or proprietary right of any person or entity;
- infringe the intellectual property rights or similar rights in any jurisdiction, including but not limited to copyright and trademarks, of any person or entity;
- use Rukkaz in any manner that could damage, impair, disable, overburden or harm Rukkaz or circumvent the intended functionality of Rukkaz;
- collect information identifying users of Rukkaz by electronic or other means without authorization from the person(s) affected;
- upload, post, transmit, send, share, store, distribute or otherwise make available on Rukkaz any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers; and/or
- upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.
9. User Disputes
You are solely responsible for your interactions with other Rukkaz users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You may end your legal agreement with RINC at any time by discontinuing your use of Rukkaz. We may suspend or terminate access to or cease providing you with all or part of Rukkaz at any time for any or no reason, with or without notice, and without any liability to you including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Rukkaz is no longer commercially viable; or (iv) we decide to cease supplying Rukkaz without replacement or successor.
Rukkaz may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons outside RINC’s control. RINC assumes no responsibility and cannot be liable for any delays, interruptions, errors, defects, omissions, or deletions, related to or arising from the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorised access to user communications, any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software.
RUKKAZ IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RINC AND ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS AND LICENSORS DISCLAIM ALL RESPONSIBILITY FOR: (A) RUKKAZ’s PERFORMANCE OR AVAILABILITY AND DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE CORRECTION OF ALL DEFECTS; (C) RUKKAZ BEING FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) RUKKAZ AND/OR ITS CONTENT NOT VIOLATING ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY; OR (E) THE USE OR THE RESULTS OF THE USE OF RUKKAZ OR ITS CONTENT ACHIEVING A PARTICULAR PURPOSE OR RUKKAZ BEING CORRECT, ACCURATE, RELIABLE, SECURE, OR OTHERWISE MEETING YOUR REQUIREMENTS.
12. Limitation of Liability
YOU AGREE THAT RINC AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE RUKKAZ; (B) ANY CONDUCT OR CONTENT OF ANY PARTY ON RUKKAZ, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM RUKKAZ;(D) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT; OR (E) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF RUKKAZ, EVEN IF RINC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO RUKKAZ.
IN NO EVENT WILL THE RELEASED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER EXCEED THE GREATER OF £50 (FIFTY POUNDS STERLING). THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT RINC HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF RUKKAZ IN VIOLATION OF THESE TERMS; INFORMATION, CONTENT OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR RINC’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN RINC’S DEFENSE OF ANY CLAIM. RINC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF RINC.
These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all other written or oral agreements. These Terms may not be amended, nor any obligation waived, without RINC’s written authorisation. Any failure or delay to enforce any provision of these Terms shall not constitute a waiver of any such provision.
These Terms and any disputes arising between you and RINC shall be governed and construed in accordance with the laws of England (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). All disputes relating to or arising in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England, sitting in London. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.