Terms of use
September 30, 2011
These Terms of use ("Terms") govern our relationship with users and others who interact with ruHap. By using or accessing ruHap, you agree to these Terms.
1. Privacy
Your privacy is important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you provide on or to ruHap. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on ruHap but in order for us to use certain types of content and provide you with ruHap, you agree to the following:
1. We appreciate your feedback or other suggestions about ruHap, but please understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
2. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ruHap ("IP License").
3. Safety
We do our best to keep ruHap safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access ruHap, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
8. You will not use ruHap to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of these Terms.
4. Registration and Account Security
ruHap users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on ruHap, or create an account for anyone other than yourself without permission.
2. You will not use ruHap if you are under 13.
3. You will not use ruHap if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not use ruHap if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. We can remove any content you post on ruHap if we believe that it violates these Terms.
2. You will not post content or take any action on ruHap that infringes someone else's rights or otherwise violates the law.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. If you collect information from users, you will: obtain their consent, make it clear you (and not ruHap) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
5. You will not post anyone's identification documents or sensitive financial information on ruHap.
6. You will not use our copyrights or trademarks (including ruHap, the ruHap Logos, the Hap O’ Meters, smile, frown, starfish, etc.) without our written permission.
6. Mobile
1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on ruHap within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
7. Special Provisions Applicable to Links
If you include our link button or widget on your website, the following additional terms apply to you:
1. We give you permission to use ruHap's link button or widget.
2. You give us permission to use the existence of such link on ruHap.
3. You will not link any page containing content that would violate these Terms if posted on ruHap.
8. About Advertisements on ruHap
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
2. You understand that we may not always identify paid services and communications as such.
9. Miscellaneous
1. We reserve the right to change our Terms and Conditions at any time.
2. We encourage you to refer to this policy at least every 90 days so that you understand our current policies.
10. Termination
If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of ruHap to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 2-5, 7.2, 8.2, and 10-13.
11. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Terms or ruHap in a state court located in Montgomery County, Pennsylvania or a federal court located in Philadelphia, Pennsylvania. The laws of the Commonwealth of Pennsylvania will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Pennsylvania for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on ruHap, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim
3. we try to keep ruhap up, bug-free, and safe, but you use it at your own risk. We are providing ruhap "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that ruhap will be safe or secure. Ruhap is not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a california resident, you waive california civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or ruhap, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or ruhap will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, ruhap's liability will be limited to the fullest extent permitted by applicable law.
12. Definitions
1. By "ruHap" we mean the features and services we make available, including through (a) our website at www.ruhap.com and any other ruHap branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean ruHap LLC and/or its affiliates.
3. By "content" we mean the content and information you post on ruHap, including information about you and the actions you take.
4. By "post" we mean post on ruHap or otherwise make available to us.
5. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
13. Other
1. These Terms make up the entire agreement between the parties regarding ruHap, and supersede any prior agreements.
2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of these Terms, it will not be considered a waiver.
4. Any amendment to or waiver of these Terms must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. These Terms do not confer any third party beneficiary rights.
