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Rabble Terms Of Service

The Rabble® software, Rabble.com web site (the "Website"), and related services (collectively referred to as the "Service") is operated by InterCasting Corporation, 4350 La Jolla Village Drive, Suite 200, San Diego, CA 92122 ("InterCasting," "us," "our" or "we"). This Terms of Service governs the relationship between InterCasting and you, the Service user ("you," or "your") with respect to your use of the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. BY DOWNLOADING THE RABBLE® SOFTWARE YOU SIGNIFY ASSENT TO BOTH THIS TERMS OF SERVICE AND INTERCASTING'S PRIVACY POLICY AT: www.rabble.com/View/About/privacy_policy.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICE.

Changes to the Service and this Agreement

We reserve the right at any time to:

  • change the terms and conditions of this Terms of Service;
  • change the Website, including modifying, eliminating or discontinuing any features; and/or
  • change the Service, including modifying, eliminating or discontinuing any features, fees or charges for use of the Service.

Any changes to the Service or this Terms of Service will be effective immediately upon notice, which may be provided by any means including posting the new or revised terms on the Website. Your continued use of the Service following such changes shall be deemed acceptance of such changes. Please return to this page periodically to ensure familiarity with the most current version of this Terms of Service.

Registration

You must provide true, accurate and complete registration information to InterCasting before using the Service. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. In our records, your username will correspond to a unique phone identifier or phone number. InterCasting may refuse to grant a particular username for any reason, in our sole discretion.

Use of Service

By using the Service you are representing that you are at least 18 years old, or that you are at least 13 years old and you are using the Service with your parents' or legal guardians' prior permission. The Service may be used and accessed by different technologies, such as SMS messaging, MMS messaging and Internet or data services through your cell phone. In addition to fees for using the Service, these access technologies are subject to the fees regularly charged by your cell phone carrier pursuant to the agreement between you and your carrier. Contact your cell phone carrier, not InterCasting to address billing questions or disputed charges. You must be located in and use the Service in the United States. You must use the Service in a manner consistent with all applicable laws and regulations. We reserve the right, but have no obligation, to monitor all posts, messages and other communications you publish in connection with the Service. You are solely responsible for your interactions with other users of the Service. You may not use the Service for any illegal, non-personal or unauthorized purpose.

Prohibited Uses of the Service

Examples of illegal or unauthorized uses of the Service include, but are not limited to:

  • modifying, adapting, translating, or reverse engineering any portion of the Service;
  • removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
  • using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service;
  • collecting or soliciting or exploiting information about other Service users, including but not limited to usernames and/or email addresses;
  • reformatting or framing any portion of the web pages that are part of the Service;
  • creating user accounts by automated means or under false or fraudulent pretenses;
  • transmitting unsolicited electronic communications such as spam, or chain letters to other users or otherwise interfering with another user's enjoyment of the Service;
  • using any information obtained from the Service in order to harass, abuse, or harm another person;
  • advertising to, soliciting of, or selling to any user without their express prior consent;
  • submitting or posting content or materials that are profane, obscene or that falsely express or imply a sponsorship or endorsement by InterCasting or the Service;
  • transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • submitting or posting content or materials that are unlawful or promote or encourage illegal activity.

Even though the above behaviors are prohibited, it is understood and agreed that you nonetheless may be exposed to such behaviors. In the event InterCasting suspects or becomes aware of your prohibited use of the Service, InterCasting without notice may immediately suspend or terminate your use of the Service.

Content Guidelines

In connection with your use of the Service, you may be permitted to publish and display on the Service or transmit to other users (hereinafter, "post") various materials, including messages, photos, graphics, text, audio, video, location information, profiles and other data or information (collectively, "Content"). You are solely responsible for the Content that you post on the Service. By posting Content on the Service, you grant to InterCasting, its assigns and licensees and you represent and warrant that you have the right to grant an irrevocable, perpetual, transferable, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, publicly perform and display, market and distribute and otherwise exploit in any manner, commercial or otherwise, and create derivative works of such Content and incorporate such Content into other works, and to exercise these rights over such derivative works and other works in which the Content is incorporated.

The following is a partial list of the type of Content that is prohibited on the Service ("Prohibited Content"); Content that:

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise patently offensive to other Service users;
  • harasses or threatens or advocates or encourages harassment of another person;
  • can be characterized as junk mail, chain letters, or unsolicited mass mailing or spamming;
  • is false, misleading, defamatory or libelous;
  • promotes illegal activities or abusive, threatening, or obscene conduct;
  • contains restricted or password only access, or hidden pages or images (those not linked to or from another accessible page);
  • is obscene or displays pornographic, violent or sexually explicit material of any kind;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • is commercial in nature and/or promotes contests, sweepstakes, barter, advertising or pyramid schemes;
  • constitutes or facilitates access to illegal or unlicensed copyrighted work, such as pirated computer programs, information to circumvent manufacture-installed copy-protect devices, or audio and/or video files;
  • infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party.

Even though the above Content is strictly prohibited, it is understood and agreed that you nonetheless may be exposed to such items. In the event InterCasting suspects or is made aware of Prohibited Content, InterCasting reserves the right to immediately remove, edit or restrict access to any Content, including Prohibited Content and without notice, suspend or terminate the account of any user posting Prohibited Content.

Proprietary Rights

InterCasting® and Rabble® are trademarks and service marks of InterCasting Corporation. InterCasting and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by InterCasting, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of InterCasting's proprietary information.

Disclaimers

InterCasting disclaims any and all responsibility and liability for accuracy, completeness, legality, reliability, operability or availability of information, materials or other Content displayed on the Service.

InterCasting disclaims any and all responsibility and liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of the Service. InterCasting assumes no responsibility for user communications.

YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

All mobile devises should be operated strictly in accordance with the manufactures' instructions. Never use the Service in connection with a mobile devise while driving or operating machinery of any kind.

InterCasting cannot guarantee and does not promise any specific results from use of the Service or continued, uninterrupted access to the Service.

InterCasting is not responsible for any problems or technical malfunction of any telephone network, carrier or line, computer online systems, servers or service providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion or combination thereof.

Under no circumstances will InterCasting be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Service, any Content posted on or in association with the Service, or any interactions between users of the Service, whether online or offline.

THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER. INTERCASTING EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. No advice or information, whether oral or written, obtained by you from InterCasting or through or from the Service shall create any warranty not expressly stated herein.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL INTERCASTING, ITS OWNERS, OPERATORS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT INTERCASTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INTERCASTING'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 INTERCASTING FOR YOUR USE OF THE SERVICE.

Indemnity

You agree to hold harmless and indemnify InterCasting, its owners, operators and affiliates, including their respective officers, directors, employees and agents from and against any and all claims, actions, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature arising from: (i) your unauthorized use of the Service; (ii) your violation of any provisions contained in this Terms of Service; and/or (iii) your violation of any third-party rights, including without limitation any intellectual property rights. In such a case, InterCasting will endeavor to provide you with written notice of such claim, suit or action.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by InterCasting infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow InterCasting to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send InterCasting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see: www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to: "InterCasting Copyright Agent", 4350 La Jolla Village Drive, Suite 200, San Diego, CA 92122, or copyright@intercasting.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. InterCasting reserves the right to terminate the account of any copyright infringer.

Access by Minors

Pursuant to 47 U.S.C. Section 230 et seq, as amended, InterCasting hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: www.netsmartz.org/netparents.htm.

Term and Termination

You may terminate your account immediately at any time, for any reason by requesting that your cell phone carrier discontinue the Service. We may terminate your account immediately at any time, for any reason. If we terminate your account because you have breached this Terms of Service, you will not be entitled to any refund of unused subscription fees. Once your account terminates, you will have no right to use the Service. The provisions in this Terms of Service concerning Proprietary Rights, Disclaimers, Limitations of Liability, Indemnity, Miscellaneous Provisions, and the provisions which by their nature are intended to survive, shall survive any termination of your account.

Miscellaneous Provisions

California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and InterCasting.

Assignment. You may not assign this Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Delays. Under no circumstances shall InterCasting be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Governing Law and Jurisdiction. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. In the event of a dispute, the parties to this Terms of Service agree to submit to the personal and exclusive jurisdiction of, and venue in, the courts located in the City and County of San Diego, California.

Section Headings. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.

Severability. If any provision of this Terms of Service is held invalid or unenforceable, the remainder of this Terms of Service shall continue in full force and effect.

Waivers. The failure of InterCasting to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. Any waiver by InterCasting of any provision of this Terms of Service will be effective only if in writing and signed by an authorized representative of InterCasting.

Cooperation. InterCasting shall cooperate with all law enforcement authorities and agencies regarding any investigation of crimes or violations of law pursuant to which we may provide such authorities and agencies with information about you, your account and/or your use of the Service.

Entire Agreement. This Terms of Service constitutes the entire agreement between you and InterCasting with respect to your use of the Service.

Contact help@rabble.com with any questions regarding this Terms of Service. RTOS_112007