Effective: 1 September 2017
An updated copy of this document can be found at https://rumuki.com/terms-of-use.html
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND RUMUKI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Our service includes tool(s) that enable the creation of audio, video or photographic content (the "Original Content"). The Original Content may then be derived into nonsensical data (the "Content") through cryptographic means, when this occurs a cryptographic key (the "Key") is generated.
You retain all ownership rights to the Original Content and the Content that you had to begin with. You accept that Rumuki is not responsible for the storage, or reproducibility of the Original Content, and understand that the Content or Original Content may become lost or in-accessible due to events outside of your control.
At times the Key may need to be sent to another device. You accept that this will occur under circumstances and to a device that is either implicitly or explicitly approved by you. You accept that the Key may need to be stored on Rumuki servers temporarily in order to facilitate this transfer. Rumuki will take all reasonable measures to ensure the safe transit of the Key.
At times the Content may need to be sent to another device. You accept that this will occur under circumstances and to a device that is either implicitly or explicitly approved by you. You accept that this means the content will be transferred locally via data exchange technologies such as bluetooth or WiFi. You accept that the Content may need to be stored on Rumuki servers temporarily in order to facilitate this transfer. Rumuki will take all reasonable measures to ensure the safe transit of the Content.
Although Rumuki makes an effort to make security easy for you, you acknowledge that ultimately you are responsible for the safety and security of your device and account. Many security measures can be taken, we recommend that you at a bare minimum take the following measures:
Rumuki grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable license to access and use the Services.
Any software that we provide may automatically download, install updates, upgrades or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party,) each party's terms will govern the respective party's relationship with you. Rumuki is not responsible or liable for those third party's terms or actions taken under the third party's terms.
Rumuki may add, remove features or functionalities, and suspend or stop the Service altogether at any time without providing you with any notice beforehand.
You may terminate these Terms at any time or for any reason by uninstalling our Services from your device(s).
Rumuki may also terminate these Terms at any time for any reason, and without advance notice. This means that we may stop you from using the Services altogether, or impose additional limits on your ability to use the Services.
Rumuki may update the Terms from time to time ("Updated Terms"). You should review these Terms on a frequent basis and you agree that your use of our Services after the effective date of the Updated Terms constitutes your agreement to the Updated Terms.
You agree to indemnify, defend, and hold harmless Rumuki, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) due to, arising out of, or relating in any way to:
If you are agreeing to these Terms on behalf of a business or other entity, this indemnity obligation applies to that business or other entity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE RUMUKI ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY RUMUKI CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
RUMUKI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH RUMUKI WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUMUKI AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF RUMUKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RUMUKI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID RUMUKI, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
All claims and disputes arising out of, relating to, or in connection with the Terms or the use of the Services that cannot be resolved informally will be resolved by binding arbitration on an individual basis.
The Arbitration Act 1996 of New Zealand governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent that those rules conflict with these Terms.
The arbitration will be conducted by a single, neutral arbitrator selected by the arbitration forum. Arbitration will be carried out in Auckland, New Zealand in the English language. Non-appearance-based arbitration may be carried out where the award sought is less than $10,000USD or its equivalent, and upon mutual consent between both parties.
You and Rumuki waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and Rumuki are instead electing to have all claims and disputes resolved by arbitration. If any litigation should arise between you and Rumuki over whether to vacate or enforce an arbitration award or otherwise, you and Rumuki waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court in which the governing law of these terms reside.
No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and not to be discussed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
This arbitration agreement will survive the termination of your relationship with Rumuki,
These Terms are governed by the laws of New Zealand. And all disputes are to be settled in the applicable courts found in Auckland, New Zealand.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.