You agree to access and use the Rubies Bank Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to:
- your use of the Rubies Bank Website, including any Interactive Area,
- the use of any networks or other services connected to the Rubies Bank Website, and
- the communications means by which you connect your modem, computer, or other equipment to the Rubies Bank Website.
Rubies Bank Website content
- You acknowledge that Content on the Rubies Bank Website is generally provided by Rubies Bank, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the Rubies Bank Website permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Rubies Bank Website owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
- You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may:
Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Rubies Bank Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Rubies Bank Website, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Rubies Bank the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content.
You also permit Rubies Bank to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
You acknowledge that the Rubies Bank Website may include various interactive areas ("Interactive Areas"), including but not limited to classifieds. These Interactive Areas allow feedback to the Rubies Bank Website and real-time interaction between users. You further understand that Rubies Bank does not control the messages, information, or files delivered to such Interactive Areas and that the Rubies Bank Website may offer you and other Users the capability of creating and managing an Interactive Area.
However, neither Rubies Bank, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that Rubies Bank cannot, and does not intend to, screen communications in advance. Moreover, because the Rubies Bank Website encourages open and candid communication in the Interactive Areas, Rubies Bank cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area.
The Rubies Bank Website is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that Rubies Bank has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this Agreement, Rubies Bank may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content.
Rubies Bank reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to
The only right with respect to dissatisfaction with any policies, guidelines, or practices of Rubies Bank in operating the Rubies Bank Website, or any change in Content, is for you to discontinue accessing the Rubies Bank Website.
Rubies Bank may terminate or temporarily suspend your access to all or any part of the Rubies Bank Website, without notice, for conduct that Rubies Bank believes is a violation of this Agreement or any policies or guidelines posted by Rubies Bank, or for other conduct which Rubies Bank believes, in its sole discretion, is harmful to Rubies Bank or other Users.
Rubies Bank may discontinue operating the Rubies Bank Website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Rubies Bank Website, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Rubies Bank Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
You agree to indemnify and hold Rubies Bank, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Rubies Bank Website or any Internet site linked to or from the Rubies Bank Website, or in connection with the transmission of any Content on the Rubies Bank Website.
This Agreement comprises the entire agreement between Rubies Bank and you, and supersedes any prior agreements with respect to the subject matter herein. Rubies Bank may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Rubies Bank Website.
You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Rubies Bank Website.
Your continued accessing and use of the Rubies Bank Website following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of this agreement shall survive the termination or expiration of this Agreement.
If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect.
The failure of Rubies Bank to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the state or province of domicile of Rubies Bank, excluding its conflict of laws rules, and you and the Rubies Bank Website each submit to the exclusive jurisdiction of the courts of that state or province.
This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners.
References to any trademark, service mark and links to or from the Rubies Bank Website have been done strictly for clarification and identification and does not constitute endorsement by Rubies Bank of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of Rubies Bank by such trademark, service mark or link owner.