Terms of Use

This Terms of Use Agreement ("Agreement") between you and Ruba, Inc. ("Ruba.com" or "Company") sets forth the legally binding terms for your use of the Ruba.com website ("Website") including all the areas of the site. By using Ruba.com you agree to the Terms of Use, whether or not you become a member ("Member").

This Agreement includes the acceptable use of Ruba.com and content posted on the Website, and your rights, obligations and restrictions regarding your use of Ruba.com. Please see Ruba.com's Privacy Policy for more information about how we collect, use, and share information on the Website.

Ruba.com may modify this Agreement at any time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use Ruba.com after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes. If you do not agree with any of the terms of this Agreement, you must immediately discontinue your use of Ruba.com.

Please carefully choose the information that you post on Ruba.com ("User Content") and that you provide to other users. Your Ruba.com profile and other User Content shall not include any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit, or other objectionable subject matter that violates this Agreement, including section 7 below. Despite this prohibition, information provided by other Ruba.com Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and Ruba.com assumes no responsibility or liability for this material. If you become aware of misuse of Ruba.com by any person, please contact Ruba.com at misconduct@ruba.com.

Ruba.com reserves the right, in its sole discretion, to reject, block, refuse to post or remove any User Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of Ruba.com at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in Ruba.com is void where prohibited. By using Ruba.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Ruba.com does not violate any applicable law or regulation. Your User Content and profile may be deleted and your Membership may be terminated without warning if Ruba.com believes that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use Ruba.com or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on your Member's Settings page. Ruba.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Password and Email. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time. You agree to notify Ruba.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. By registering and providing your email address, you consent to Ruba.com communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at help@ruba.com.

   By providing Ruba your email address you consent to our using the email address to send you Service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of Service-related emails. We may also use your email address to send you other messages, including changes to Ruba features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings or by sending mail to the following postal address:

   Customer Support

   Ruba, Inc.

   PO Box 50907

   Palo Alto, CA, 94303

   Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

4. Non-commercial Use by Members. Ruba.com is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Ruba.com. Illegal and/or unauthorized use of Ruba.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken against any illegal or unauthorized use of Ruba.com.

5. Proprietary Rights in Content.

   1. All content on the Website and available through the Ruba.com service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. The foregoing does not apply to your own User Content that you legally post on the Website. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

6. Content Posted.

   1. Ruba.com may delete any User Content that in the sole judgment of Ruba.com violates this Agreement or which may be offensive or illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. Ruba.com assumes no responsibility for inappropriate User Content or conduct. Even if Ruba.com chooses, in its sole discretion, to monitor Ruba.com, Ruba.com nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the Member or user posting any such User Content.
   2. You are solely responsible for the User Content that you post on Ruba.com, any material or information that you transmit to other Members and your interactions with other users. Ruba.com does not endorse and has no control over the User Content. User Content is not necessarily reviewed by Ruba.com prior to posting and does not necessarily reflect the opinions or policies of Ruba.com. Ruba.com makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Members.

7. License Grant.

   1. Ruba.com does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Ruba.com or on the Site, you hereby grant Ruba.com a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Ruba.com. Ruba.com will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Ruba.com, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Ruba.com to give to Ruba.com the full benefit of the rights granted to Ruba.com by you.

8. Content/Activity Prohibited. The following is a partial list of the type of User Content that is illegal or prohibited to post on or through Ruba.com. Ruba.com reserves the right to investigate and take appropriate legal action against anyone who, in Ruba.com's sole discretion, violates this provision, including without limitation, removing the offending communication from Ruba.com and terminating the Membership of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Ruba.com:

   1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person or group;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. promotes information that is known by the User to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;
   11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   12. infringes or misappropriates any third party's patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property;
   13. invades or violates any third party's right to privacy; or

   14. violates the following partial list of the kind of activity that is illegal or prohibited on the Website and through your use of Ruba.com. Ruba.com reserves the right to investigate and take appropriate legal action against anyone who, in Ruba.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

       1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
       2. advertising to, or solicitation of, any Member to buy or sell any products or services through Ruba.com. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Ruba.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Ruba.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Ruba.com deems appropriate in its sole discretion;
       3. any automated use of the system, such as using scripts to add friends or send comments or messages;
       4. interfering with, disrupting, or creating an undue burden on Ruba.com or the networks or services connected to Ruba.com;
       5. attempting to impersonate another Member or person or posting any third party's (including without limitation any family member's) information on Ruba.com without permission;
       6. using the account, username, or password of another Member at any time;
       7. selling or otherwise transferring your profile;
       8. using any information obtained from Ruba.com in order to harass, abuse, or harm another person;
       9. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Ruba.com on behalf of that person, such as placing commercial content on your profile or posting blogs or bulletins with a commercial purpose;
       10. using Ruba.com in a manner inconsistent with any and all applicable laws and regulations;
       11. use or launch of any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access Ruba.com in an automated manner;
       12. collecting or harvesting any personally identifiable information, including names or email addresses, from Ruba.com, nor using Ruba.com for any commercial solicitation purposes without prior written consent from Ruba.com; or
       13. renting, leasing, transferring, selling, reselling, or otherwise exploiting for any commercial purpose, any portion of or access to Ruba.com.

9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Ruba.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Ruba.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Ruba.com in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Ruba.com; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.

   Please provide this information to:

   Copyright Notices

   Ruba, Inc.

   PO Box 50907

   Palo Alto, CA, 94303

   Email: help@ruba.com

10. Member Disputes. You are solely responsible for your interactions with other Ruba.com Members. Ruba.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy. We care about the privacy of our users. Click here to view our Privacy Policy. By using Ruba.com, you are consenting to have your personal data transferred to and processed in the United States.
12. Security. Ruba is intended to be a private network. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. Disclaimers.

    1. RUBA.COM, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, "AFFILIATES") ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE RUBA SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE RUBA SERVICE.
    2. RUBA.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL RUBA.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR RUBA.COM, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
    3. RUBA.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY 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, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. RUBA.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
    4. THE WEBSITE IS PROVIDED "AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, RUBA.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT RUBA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH RUBA.COM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. RUBA.COM DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. RUBA.COM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY RUBA.COM. RUBA.COM HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE RUBA.COM FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. RUBA.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. RUBA.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
    5. RUBA.COM MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST RUBA.COM FOR SUCH EXPOSURE.
14. Limitation on Liability. IN NO EVENT SHALL RUBA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE RUBA.COM, EVEN IF RUBA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RUBA.COM'S LIABILITY TO YOU OR ANY THIRD PARTY 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 RUBA.COM FOR RUBA.COM DURING THE TERM OF MEMBERSHIP. RUBA.COM ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF RUBA.COM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM RUBA.COM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH RUBA.COM, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT RUBA.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
15. Ruba.com is controlled from our facilities in the United States. Ruba.com makes no representations that Ruba.com is appropriate or available for use in other locations. Those who access or use Ruba.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. Disputes. This Agreement and any dispute regarding Ruba.com shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Jose. Either Ruba.com or you may demand that any dispute between Ruba.com and you about or involving Ruba.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Jose, California, USA, provided that the foregoing shall not prevent Ruba.com from seeking injunctive relief in a court of competent jurisdiction.
17. Indemnity. You agree to indemnify and hold Ruba.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to Ruba.com, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content that you post on the Website or through Ruba.com causes Ruba.com to be liable to any third party.
18. Other. This Agreement constitutes the entire agreement between you and Ruba.com regarding the use of Ruba.com. The failure of Ruba.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Ruba.com is a trademark of Ruba, Inc. This Agreement operates to the fullest extent permissible by law. 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.
19. Statute of Limitations. You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of Ruba.com or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Notification Procedures. Ruba may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Members via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by Ruba in its sole discretion. Ruba reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement.