Ruby Ray Media Terms of Service
"All RRM and RRM Affiliate activity and operation shall be guided and governed by the spirit, ideals, legal principles and precepts contained in the Founding Documents of the United States. By entering this Agreement, you agree with us to do the same, including defending these against trespass to the best of your and our ability, Amen."by Author
"RRM warrants to you that RRM and RRM Affiliates shall not ever, in any way within our control, use, market, offer or sell Member Content or Member data for any purposes such as mass data gathering, spying, population manipulation or control, human or social engineering, targeted advertising, psychological profiling or any similar Orwellian purpose, and will actively protect our Members from such activities to the best of our ability.."
By using our Services you agree to this Agreement, along with the Privacy and Freedom of Speech Policy, Code of Conduct and other policies or agreements referenced in these Terms of Service, before entering or using the Services.
("Agreement" and "Services" as defined below).
Description of the Services and Acceptance of Terms of Service Including Arbitration of Disputes
Ruby Ray Media Sàrl, Limited Liability Company ("RRM, "our", "we" or "us") is providing these Terms of Service to define the terms that govern your use of rubyraymedia.com, RRM applications for portable devices and any RRM branded URL, WAP site and mobile application and other content and services that link to these Terms of Service (collectively the "RRM Sites"). The services RRM provides on RRM Sites include messaging services, video services, RRS feeds, podcasting services, mobile services, text messaging campaigns, and any other feature, content or application offered from time to time by RRM (collectively, the "Services"). RRM is based in the Canton of Vaud, Switzerland. <3
RRM furnishes RRM Sites and Services for your personal enjoyment and entertainment. By visiting RRM Sites (whether or not you are a registered Member) or using the Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. RRM may modify this Agreement at any time, and each such modification will be effective upon posting on RRM Sites. All material modifications will apply prospectively only. Your continued use of RRM Sites or Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately.
Your access to and use of certain Services is contingent upon your compliance with this Agreement, which incorporates by reference our Privacy and Freedom of Speech Policy and any end user license agreement that might accompany the Services. Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
Please note that the "Arbitration Agreement and Class Action Waiver" section below contains provisions that require (i) with limited exceptions, all disputes arising between you and RRM under this agreement to be resolved in binding arbitration, and not in court, and (ii) you and RRM waive the right to bring or participate in a class action in connection with such disputes. By using RRM Sites and Services and accepting this Agreement, you agree to be bound by the Arbitration Agreement. Please read it carefully.
We Champion the Declaration of Independence, Bill of Rights, and the Constitution of the United States
All RRM and RRM Affiliate activity and operation shall be guided and governed by the spirit, ideals, legal principles and precepts contained in the Founding Documents of the United States. By entering this Agreement, you agree with us to do the same, including defending these against trespass to the best of your and our ability, Amen.
This is not to suggest overriding any other nation or jurisdiction's applicable law or regulations, it is simply a declaration of minimum standards of liberty, honor and respect.
Warrant to Defend Against Orwellian Globalism
RRM warrants to you that RRM and RRM Affiliates shall not ever, in any way within our control, use, market, offer or sell Member Content or Member data for any purposes such as mass data gathering, spying, population manipulation or control, human or social engineering, targeted advertising, psychological profiling or any similar Orwellian purpose, and will actively protect our Members from such activities to the best of our ability.
Registration and Security
You take full responsibility for your participation on the Site. As a condition of using certain features of the Site, you may be required to register, including becoming a registered Member ("Member") including selecting a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. RRM reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
Who May Use the Services
You may use the Services only if you agree to form a binding contract with RRM and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting this Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words "you" and "your" as used in these Terms shall refer to such entity.
RRM may change, suspend or discontinue the Site (or any feature thereof) at any time. RRM may also impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which RRM may undertake from time to time; or (iii) causes beyond the control of RRM or which are not reasonably foreseeable by RRM.
The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with RRM or provide your personal information to RRM. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Services only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf.
Notice to Trolls
Unlike the entire Social Media Industrial Complex, which actively aid and abet Trolls attacking and manipulating people: TROLLS ARE NOT WELCOME HERE.
Any such influencers, including individuals, agents or agencies, institutions or governments, promoting undisclosed agendas (collectively "Troll"). If in our sole discretion, we determine any user of our Services is suspect of being a Troll, in addition to terminating your account and blocking your access to RRM Sites and Services, you agree upon such determination: (i) that any and all rights you may have to your Member Content are forfeit, said Content becoming RRM property; (ii) we may publish or promote you and any forfeit Content in any way we see fit; (iii) we may publish any IP address(es) or any other information associated with your access to our Services; (iv) we may seek legal remedy or take other action against you including but not limited to, actively investigating and publishing your activities, your use of social or other media, your name, address, phone number, place of employment or associates. Flagrant disregard of the Ruby Ray Media Code of Conduct will be regarded as Troll behavior.
You acknowledge that RRM reserves the right to charge subscription fees for any portion of the Services. RRM will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If RRM suspends or terminates your account and/or access to the Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing RRM Services or Products
RRM makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Product with the Processor. RRM provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on RRM Sites. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your Personal Financial Information, RRM will in no way be responsible or liable to you for any such breach.
RRM will not store any record of Personal Financial Information related to purchases or other transactions you make through the Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Limited Content License
The Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, RRM names, trade names, logos, designs, and any other materials or content (collectively, "Content") of RRM, its licensors, or assignors ("RRM Content"), as well as Content provided by users or other third parties. Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and RRM, RRM, its licensors, or its assignors, own and retain all rights in RRM Content. RRM hereby grants you a limited, revocable, nonsublicensable license to access and display or perform RRM Content (excluding any software code) in connection with using the Services. Except as provided in this Agreement or as explicitly allowed on the Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Except as explicitly and expressly permitted by RRM or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on RRM Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Services, including geo-filtering mechanisms.
You may not, without RRM's written permission, "mirror" any Content contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. RRM reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of the Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on RRM Sites or on, through or in connection with the Services (collectively, "Member Content"). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your Member Content. Accordingly, please choose Member Content carefully.
You agree not to use the Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising RRM Sites or the Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including RRM's servers, networks or accounts;
- Delete or revise any information provided by or pertaining to any other user of the Services;
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to RRM, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay RRM $60 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of RRM Content; or building a business using RRM Content) without RRM's prior written consent;
- Using technology or other means to access, index, frame, or link to RRM Sites (including the Content) that is not authorized by RRM Sites (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of RRM Content);
- Accessing RRM Sites (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices but not caches or archives of RRM Sites and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
RRM reserves the right, but disclaims any obligation or responsibility, to remove Member Content that violates this Agreement, as determined by RRM, or for any other reason, in RRM's sole discretion and without notice to you. You acknowledge RRM reserves the right to investigate and take appropriate legal action against anyone who, in RRM's sole discretion, violates this Agreement, including but not limited to, terminating their Member account and/or reporting such Member Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that RRM may access, preserve or disclose information you provide to RRM Sites, including Member Content and your account registration information, including when RRM has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of RRM, our parents, subsidiaries or affiliates ("RRM Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If RRM sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, RRM may transfer your information to the party or parties involved in the transaction as part of that transaction.
RRM reserves the right to limit the storage capacity of Member Content. You assume full responsibility for maintaining backup copies of your Member Content, and RRM assumes no responsibility for any loss of your Member Content due to its being removed by RRM or for any other reason.
Member Content on the Services
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "Member Content"), which may be open to the public generally, to all members of RRM Sites, or to a select group of members of a specific group. You acknowledge that all Content posted on the Services is Member Content, and by posting you agree to comply with the rules and restrictions on Member Content set forth above and any other rules specifically applicable to the Services. RRM reserves the right, but disclaims any obligation or responsibility, to prevent you from posting Member Content to the Services and to restrict or remove your Member Content or refuse to include your Member Content for any reason at any time, in RRM's sole discretion and without notice to you.
You acknowledge that messages posted on the Services are public, and RRM cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. RRM is not responsible for the content or accuracy of any information posted on the Services, and shall not be responsible for any decisions made based on such information.
Your Proprietary Rights in and License to Your Member Content
RRM does not claim any ownership rights in the Member Content that you post, upload, email, transmit, or otherwise make available (collectively, "Transmit") on, through or in connection with the Services, except with respect to Trolls as described under "Notice to Trolls" above, or your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that Member Content shall not include any RRM Content or content owned by a RRM Affiliate.
By submitting, posting, transmitting or displaying Member Content on, through or in connection with the Services, you hereby grant to RRM and RRM Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, excerpt, adapt, modify, publish, transmit, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute Member Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in Member Content, in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating or transforming). This license authorizes us to make Member Content available to the rest of the world and to let others do the same. You agree that this license includes the right for RRM to provide, promote, and improve the Services and to make Member Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of Member Content on other media and services. Such additional uses by RRM, or other companies, organizations or individuals, is made with no compensation paid to you with respect to Member Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Additionally, RRM is free to use any ideas, concepts, know-how, or techniques contained within such Member Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including the Services. RRM's use of such Member Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint RRM as your agent with full authority to execute any document or take any action RRM may consider appropriate in order to confirm the rights granted by you to RRM in this Agreement.
The provisions in the preceding paragraph in no way modify or replace the warranty above at "Warrant to Defend Against Orwellian Globalism".
You represent and warrant that: (i) you own the Member Content Transmitted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of Member Content by you on, through or in connection with the Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Member Content Transmitted by you on or through the Services or Third Party services.
Removal of Material that Infringes Copyrights
RRM respects the intellectual property of others and requires that our Members do the same. RRM has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Services who are repeat infringers. RRM also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person.
If you believe that any material residing on or linked to from the Services infringes your copyright, you must send RRM a written notification of claimed infringement that contains substantially all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Notify RRM of claimed infringement at:
Ruby Ray Media Sàrl, Limited Liability Company
Subject line: DMCA Notice
Chemin du Bois-rouge 31
If you posted material to the Services that RRM removed due to a notice of claimed infringement from a copyright owner, RRM will take reasonable steps to notify you that the material has been removed or disabled. This notice may be by means of a general notice on RRM Sites or by written or electronic communication to such address(es) you have provided to RRM, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RRM may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature.
Please note that any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Your Exposure to Others' Member Content
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. If you become aware of any misuse of the Services, including in violation of any "Restrictions on Use of the Services," please report it immediately to RRM. RRM assumes no responsibility for monitoring the Services for inappropriate Member Content or Member conduct. If at any time, RRM chooses in its sole discretion to monitor the Services, RRM nonetheless assumes no responsibility for Content other than RRM Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any Member.
Third Party Links and Services
Terms of Sale
Certain products and services may from time to time be made available to you through the Services. The products and services that are offered for sale by RRM or its affiliates are each referred to as an "Offering". Terms related to a specific product or service will accompany the Offering. In addition, these Terms of Sale apply to all Offerings. To make a purchase on the Services, you must be a Member. RRM sells its products only to those Members who can legally make purchases with a credit card. You must be eighteen years of age to make a purchase on the Services, or, if you are under the age of eighteen but over the age of thirteen, you may make purchases on the Services with the knowledge and consent of your parent or legal guardian. RRM reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Services, you authorize RRM, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if we accept it.
You are solely responsible for your interactions with other users or Members of RRM Sites and the Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Services. RRM reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
RRM, RRM logo, and other RRM marks, graphics, logos, scripts, and sounds are trademarks of RRM or a parent company. None of RRM trademarks may be copied, downloaded, or otherwise exploited.
Ruby Ray Media Privacy and Freedom of Speech Policy
RRM's Privacy and Freedom of Speech Policy is available at:
This Policy is incorporated by reference and made part of this Agreement. Thus, by agreeing to this Agreement, you agree that your use of or presence on RRM Sites, application and other places where any Services are available are governed by the Privacy and Freedom of Speech Policy in effect at the time of your use.
Code of Conduct
You agree to honor the letter and intent of the RRM Code of conduct at the following link:
RRM's Code of Conduct is likewise incorporated by reference and made part of this Agreement. Thus, by agreeing to this Agreement, you agree that your use of or presence on RRM Sites, application and other places where any Services are available are governed by the Code of Conduct in effect at the time of your use.
The Services are provided "as-is" and "as available" and RRM does not guarantee or promise any specific results from use of or continuous availability of the Services. To the fullest extent permitted by applicable law, RRM expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. Without limiting the generality of the foregoing, RRM makes no warranty that your use of the Services will be uninterrupted, timely, secure or error-free, that defects to the Services will be corrected, that the Services or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the Services or Third Party Services (including, but not limited to, through Member Content or third party advertisements) will be accurate, reliable, timely or complete. To the fullest extent permitted by applicable law, RRM will not be responsible for any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the Services, problems or technical malfunction in connection with use of the Services, attendance at an RRM event, any material downloaded or otherwise obtained in connection with the Services, any Member Content, any third party advertisement or third party service transmitted on, through or in connection with the Services, or the conduct of any Members of the Services, whether online or offline. Your use of Member Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk.
You acknowledge and agree that your use of the Services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility, to the fullest extent allowed by applicable law, for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the Services.
Information and statements made are for education purposes and are not intended to replace the advice of your treating doctor. RRM does not dispense medical advice, prescribe, or diagnose illness. The views and nutritional advice expressed by RRM are not intended to be a substitute for conventional medical service. If you have a severe medical condition or health concern, see your physician. RRM does not adopt any medical claims which may have been made in third party references. Where RRM has control over the posting or other communications of such claims to the public, RRM will make its best effort to remove such claims.
These statements have not been evaluated by the U.S. Food and Drug Administration. RRM Products are not intended to diagnose, treat, cure, or prevent any disease.
Limitation on Liability
Notwithstanding anything to the contrary contained herein, to the fullest extent permitted by applicable law, RRM's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to RRM for the Services during the term of your use of the Services. To the fullest extent permitted by applicable law, RRM will not be liable to you or any third party for any damages other than the amount paid, if any, by you to RRM for the Services during the term of your use of the Services, including any other general, direct, indirect, compensatory, consequential, exemplary, incidental, special or punitive damages, and including, without limitation, lost profit damages arising from your use of or inability to use the Services.
You acknowledge and agree that any damages you incur arising out of RRM's acts or omissions or your use of the Services are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or any person's ability to access any portion of the Services.
The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if RRM has been advised of the possibility of any such damages.
RRM provides the Services in the Canton of Vaud, Switzerland. RRM does not represent that RRM Content or the Services are appropriate (or, in some cases, available) for use in other locations. If you use RRM Sites or the Services from a jurisdiction other than Switzerland, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of RRM Sites or the Services.
Not all of the Products are available worldwide or nationwide, and RRM makes no representation that you will be able to obtain any Product in any particular jurisdiction, either within or outside of Switzerland.
Arbitration Agreement and Class Action Waiver
(1) RRM, including RRM Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and RRM, regarding any aspect of your relationship with RRM, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and RRM agrees to give up the right to sue in court.
(2) The term "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and RRM, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term "Dispute" specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and RRM that arise from or in any way relate to or concern any Content, products or services provided by RRM including but not limited to the Services (as defined above), this Arbitration Agreement, any other aspect of these Terms of Service (including their applicability and their conformance to applicable law), any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and RRM retains the right to sue in small claims court and (ii) each of you and RRM may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.
(3) Each of you and RRM also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and RRM (see paragraph 9 below).
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Service.
(5) These Terms of Service evidence a transaction in international commerce, the Rules of Arbitration of the International Chamber of Commerce ("ICC Arbitration Rules") shall govern the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms of Service.
(6) Any arbitration between you and RRM will be administered by The International Court of Arbitration®. All disputes arising out of or in connection with this Agreement shall be finally settled under the ICC Arbitration Rules by one or more arbitrators appointed in accordance with the said Rules: (i) the ICC Arbitration Rules Emergency Arbitrator Provisions, and the Expedited Procedure Provisions are excluded from this Arbitration Agreement and shall not apply in any Dispute; (ii) any such arbitration shall be conducted in English, at a location in the Canton of Vaud designated by RRM; and (iii) the arbitrator is bound by these Terms of Service.
The ICC Arbitration Rules and procedures are available on the ICC website at https://iccwbo.org/dispute-resolution-services/.
(7) If either you or RRM wish to arbitrate a claim, you or RRM must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service to which the Notice relates, and the relief requested. Your Notice to RRM must be sent by mail to: Ruby Ray Media Sàrl, Arbitration Notice of Dispute, Chemin du Bois-Rouge 31, CH-1095, Lutry, Switzerland. RRM will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration by submitting a "Request for Arbitration" with the Secretariat of the ICC International Court of Arbitration® at any of the offices specified at the following link, in accordance with ICC procedures including those specified on this Filing a Request web page: https://iccwbo.org/dispute-resolution-services/arbitration/filing-a-request/. It is the sender's responsibility to ensure that the recipient receives the Request for Arbitration. In addition to filing this Request for Arbitration with the ICC in accordance with its rules and procedures, you must send a copy of this completed Request for Arbitration to RRM at the address listed above to which you sent your Notice of Dispute.
(9) You and RRM acknowledge and agree to abide by the following rules for arbitration:
(a) You and RRM may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative or multi-claimant proceeding, and the arbitrator shall have no power to award class-wide relief; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law and these Terms of Service; and (c) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 10 below.
(10) The current version of the ICC Arbitration Rules came into force on 1 January 2012 and were revised on 1 March 2017. All filing fees, individual relief or individual remedies shall be administered by, and in accordance with, ICC International Court of Arbitration® ICC Arbitration Rules.
(11) Regardless of how the arbitration proceeds, each of you and RRM shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the ICC Arbitration Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(12) Each of you and RRM may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys' fees under applicable law, if you prevail in the arbitration, and if RRM failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than RRM's highest settlement offer, then RRM will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If RRM wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party's individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Service. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Arbitration Agreement. The arbitrator also may not order RRM to pay any monies to or take any actions with respect to persons other than you, unless RRM explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless RRM expressly agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(14) You and RRM agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and RRM agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (9) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against RRM must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
The Agreement will be governed by, and construed in accordance with, the laws of the Canton of Vaud, Switzerland, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and RRM agree to submit to the exclusive jurisdiction of the courts located in the Canton of Vaud, Switzerland to resolve any Dispute arising out of the Agreement or the Services. You hereby knowingly, voluntarily and intentionally waive any right you may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement.
Subject to Applicable Law, you agree that any cause of action you may have arising out of or related to this agreement, RRM Sites or the Services must be commenced within one (1) year after such cause of action accrues. After such period, such cause of action shall be permanently barred.
You agree to indemnify and hold RRM, RRM Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of your representations, warranties, covenants or agreements hereunder; your violation of this agreement of use or any applicable law; your use of the services and/or the content in violation of this agreement; information or content posted or transmitted through your authorized device or account, 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 entity or defames any person or entity; and any misrepresentation made by you. You will cooperate as fully and as reasonably required in RRM's defense of any claim. RRM 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 RRM.
RRM does not knowingly accept, via the Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. RRM requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any RRM or Affiliated RRM creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to RRM via the Services that are unsolicited, however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and RRM; (ii) any such unsolicited submissions and copyright become the property of and will be owned by RRM (and are not Member Content licensed by you to RRM under "Your Proprietary Rights in and License to Your Member Content") and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as RRM sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against RRM or RRM Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
RRM may, from time to time, post RRM employment opportunities on the Services and/or invite Members to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to RRM in response to employment listings, you are authorizing RRM to utilize this information for all lawful and legitimate hiring and employment purposes. RRM also reserves the right, at its sole discretion, to forward the information you submit to its RRM Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by RRM to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that RRM will review any or all of the information submitted to it by Members of the Services.
If you see other parties violating this Agreement, we would appreciate it if you would let us know here. Precisely how RRM responds to a party that is violating this Agreement will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon RRM's precise response with respect to one party or one situation as any indication of what RRM might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.
Similarly, the failure of RRM to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If we fail to act in response to a violation of this Agreement, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of this Agreement with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, RRM's decision to delay exercising or enforcing any right or remedy under this Agreement shall not constitute a waiver of such right or remedy. Even if RRM acts in a way that appears to you to be inconsistent with this Agreement, RRM's action shall not be deemed a waiver or constructive amendment of this Agreement.
The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices RRM may be required by Applicable Law to send to you will be effective upon RRM's sending an e-mail message to the e-mail address you have on file with RRM or publishing such notices on the informational page(s) of RRM Sites. Additionally, from time to time, we may communicate with you about the Services and this Agreement electronically (e.g., emails to your registered email address, notices on RRM Sites, order progress tracking). You consent to receive electronic communications from RRM and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RRM as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits RRM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.
This Agreement, along with the Privacy and Freedom of Speech Policy and any other policies expressly incorporated into this Agreement by reference, constitute the entire agreement between you and RRM with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. This Agreement may not be amended, nor any obligation waived, without RRM's written authorization.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.