Last updated: 19-12-2021

 

This Terms of Use (the “tou”) is entered into between you (“you” or “your”) and Intergalactic Streaming Inc. (“Ruume”, “we” or “our”) and applies to Ruume services, including but not limited to the Ruume website www.ChatRuume.com (the “Website”), Ruume applications and Ruume products, including the Ruume streaming platform (collectively, the “Service”).

 

BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE OR BY SIGNATURE YOU ARE AGREEING TO BE BOUND BY THE TOU. 

 

IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THE TOU AND ARE AGREEING TO THE TOU FOR THAT ORGANIZATION.  WHERE YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFER TO THE ORGANIZATION.

 

  1. UPDATES

 

Ruume reserves the right to modify the TOU at any time (each, an “Update”) and shall make each Update available on the Website.  You are deemed to accept any Update by continuing to use the Service.  Unless Ruume states otherwise, an Update is automatically effective 30 days after posting on the Website.

 

  1. ACCESS TO THE SERVICE and PAYMENT

 

  1. Age of Access.   You must be at least the age of majority in your jurisdiction in order to use the Service.  If you already accessed the Service and have yet to reach the age of majority in your jurisdiction, you must immediately cease use of the Service. 

 

  1. Accounts and Login Information.  Access to the Service may require registering an account with Ruume (each, an “Account”). In order to access an Account or to access the Service in general, you may be required to obtain a user ID, password and/or access key (“Login Information”).  You shall manage and ensure the security, confidentiality and authorized use of Login Information.  You are prohibited from sharing Login Information.  Ruume strongly recommends that you keep your Login Information confidential and you shall notify Ruume promptly of unauthorized access or use of your Account or Login Information.

 

  1. Fees.  If you choose to use any paid features of the Service, including membership options, Ruume may charge a fee in connection with your Account (the “Fee”).  Ruume, or any third party acting on Ruume’s behalf, is authorized and has the right to automatically charge the Fee to such Authorized Payment each month unless you terminate the Services as described in this TOU.  The Fee excludes applicable taxes, which Ruume may charge as required by the laws of your jurisdiction.  The current Fees are listed on the Website at https://ChatRuume.com/pricing or presented to you prior to selecting such a paid feature, and such Fee may change at any time at Company’s sole discretion, but Company shall provide prior written notice of any Fee increase.  The Fee is earned upon payment and is non-refundable. 

 

  1. Recurring Fees.  The Fee may be charged on a one-time basis or on a recurring yearly basis (“Recurring Fee”), as requested by you.  The Recurring Fee excludes applicable taxes, duties and charges.  You shall provide Ruume with a valid credit card, or other method acceptable to Ruume, to be charged by Ruume and third parties authorized on our behalf.  If you choose to have your Fees charged on a recurring basis, you agree that your credit card shall be charged monthly or annually, as applicable, on the anniversary of your purchase (or such later date selected by Ruume).  You may elect to terminate a Recurring Fee by clicking the “Cancel” button within the Service.  Each purchase of a digital item, such as a paid video, is non-refundable even if you choose never to access such digital item.  To the extent you do not view all digital items offered as part of a Recurring Fee, such unused digital items do not roll over upon renewal of the Recurring Fee and are forfeit.

 

  1. Refunds.  As the Services are online, Ruume is unable to offer a refunds of your payments to Ruume, including the Fee or a Recurring Fee, unless required by applicable law, once access to the Services has been provided to you (a “Refund”).  If you believe that you are entitled to a Refund under laws applicable in your jurisdiction, you may request a Refund by emailing Ruume at support@ruume.com, including the email header “REFUND REQUEST” and describing in the body of the email how you qualify for a Refund and other relevant details of your request.

 

  1. Taxes. The Fee excludes taxes, duties and charges, which you shall pay as well. If Ruume pays or collects taxes on your behalf, Ruume shall invoice you for the applicable amount, which you shall pay on the same terms as the Fee.

 

  1. SUBSCRIPTION

 

Ruume grants you a limited, revocable, non-exclusive, non-transferrable, subscription to access the Service and to use features associated with an Account.  You acknowledge and agree that we may modify, suspend, remove sections or features of the Website, your Account or any part the Service at any time acting in our sole and absolute discretion.

 

  1. USE OF THE SERVICE

 

  1. Authorized Use.  When using the Service, you may not:

 

  1. knowingly provide false or inaccurate information to Ruume;

 

  1. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;

 

  1. alter, change or circumvent security related aspects of the Service;

 

  1. use any automated system (bot, spider, etc.) to access the Service;

 

  1. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;

 

  1. break, disrupt or attempt to break or disrupt any device used to support the Service or other’s experience of the Service or knowingly exploit a flaw or bug in the Service;

 

  1. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights or a group of people’s rights;

 

  1. use the Service to provide information or data to a competitor of Ruume;

 

  1. harass, abuse, stalk, threaten or impersonate any person or group of people;

 

  1. display content containing nudity or sexually explicit acts;

 

  1. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Ruume;

 

  1. promote, encourage or undertake illegal activity; or

 

  1. infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information, as determined by Ruume in our sole and absolute discretion.

 

  1. Suspension and Termination.  Ruume may suspend or terminate access to the Service and/or your Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues, your non-compliance with the TOU or your failure to adhere to the terms of an agreement with Ruume.  Ruume has sole discretion to lift a suspension or reverse a termination.  Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or Ruume terminates access to your Account; (b) of your non-compliance with the TOU; or (c) when your click the Cancel button within the Service. 

 

  1. Privacy Policy and Privacy Law Compliance.   Your use of the Service is governed by a Privacy Policy detailing how Ruume collects, uses and discloses personal and anonymous data about you and is available at https://ChatRuume.com/privacy  If at any time you disagree with the Privacy Policy, you must immediately stop use of the Service and contact Ruume at the address provided below.  By agreeing to the TOU and using the Service, you represent and warrant that your use of the Service complies with applicable privacy laws.

 

  1. PROPRIETARY RIGHTS

 

  1. Ownership and Rights.  Ruume retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names, trade secrets and in Accounts.  The TOU does not convey any right, title or interest in, or constitute the sale of any right to, the Service, any related software or your Account.

 

  1. User Content.  You may provide Ruume with responses, comments, recommendations, advice, ideas, submissions, forum posts or other information (“User Content”).  By providing User Content, you represent and warrant that all consents, licenses and rights necessary to license User Content to Ruume are obtained and hereby grant Ruume an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums without attribution, notice, permission, royalty or payment.  Ruume is under no obligation to review or act upon any User Content that you may provide. 

 

  1. DMCA.  Ruume responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”).  If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:

 

  1. identify the copyrighted work that you claim has been infringed;

 

  1. identify the material claimed to be infringing and where it is located;

 

  1. provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;

 

  1. provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;

 

  1. provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and

 

  1. provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

 

Ruume may provide you notice if your communication, post, submission or upload was removed as a result of Ruume receiving a DMCA notice from a copyright owner.  If you receive notice from Ruume, you may provide a counter-notification in writing to Ruume’s designated DMCA agent through the means provided below.

 

DMCA notices can be sent to Ruume by emailing dmca@voyerlaw.com or by mail:

 

 

Copyright Compliance Department

403-134 Abbott Street

Vancouver, BC

V6B 2K4

 

 

  1. DISCLAIMER and limitation of liability

 

  1. DISCLAIMER.  THE SERVICE IS PROVIDED TO YOU “AS IS” AND LIVE OFFICE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR COMPLIANCE WITH LAWS WITHIN YOUR JURISDICTION.  WITHOUT LIMITING THE FOREGOING, LIVE OFFICE MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK LAW OR OTHER RIGHTS HELD BY A THIRD PARTY.  FURTHER AND WITHOUT LIMITING THE FOREGOING, LIVE OFFICE AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE, SERVICES PERFORMED AND PRODUCTS PROVIDED BY LIVE OFFICE OR OTHER THIRD PARTIES, WILL COMPLY WITH APPLICABLE LAWS WITHIN YOUR JURISDICTION, MEET YOUR REQUIREMENTS, NOT CAUSE DAMAGE TO YOU, YOUR PROPERTY OR PROPERTY OF OTHERS, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR RESULT IN LOST DATA.  NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY LIVE OFFICE AND THE REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION.  YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

 

  1. LIMITATION OF LIABILITY.  LIVE OFFICE AND THE REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES.  TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST LIVE OFFICE AND THE REPRESENTATIVES MUST BE COMMENCED NO LATER THAN 6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU.

 

  1. MAXIMUM AGGREGATE LIABILITY.  NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD LIVE OFFICE AND THE REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT LIVE OFFICE’S (AND THE REPRESENTATIVES’) MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO LIVE OFFICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.

 

  1. Indemnity.  You shall defend and indemnify Ruume and the Representatives against any claim, demand, suit or proceeding made or brought against Ruume and the Representatives in connection with your use of the Service, including claims that Ruume, the Service, or you, (i) infringe or misappropriate a third party’s intellectual property rights, (ii) violate any applicable law, including any failure to obtain the required legal documentation, including applicable consent documentation, prior to using the Service, (iii) cause bodily harm or death, or (iv) commit an act of gross negligence or intentional misconduct.  Your obligation to indemnify Ruume and the Representatives arises so long as Ruume: (a) promptly gives written notice of the claim against Ruume (b) gives you sole control of the defense and settlement of the claim except that you shall not enter any settlement or disposition that attributes liability or confers a financial obligation on Ruume without Ruume’s advance written consent, which shall not be unreasonably withheld or delayed; and (c) gives all reasonable assistance, at your expense.

 

  1. GENERAL

 

  1. No Joint Relationship.  Nothing in the TOU shall be construed to create any joint partnership, joint venture, employer-employee or agency relationship between you and Ruume. 

 

  1. Governing Law.  The TOU and Privacy Policy are governed by the laws of the province of British Columbia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of British Columbia to hear any proceedings related to the TOU or Privacy Policy.

 

  1. Severability and Waiver.  If any provision of the TOU or Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the TOU in full force and effect.  No failure or delay by a party in exercising any right, power or remedy under the TOU constitutes a waiver. 

 

  1. Assignment.  Ruume may assign the TOU without your consent or notice to you.  You cannot assign the TOU.

 

  1. Survival.  Sections 2, and 4 to 7 survive termination of the TOU.

 

  1. Entire Agreement.  The TOU, together with the Privacy Policy, constitute the entire agreement between you and Ruume with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.