rmbr Terms of Service

rmbr believes in freedom of choice.

So we generally allow our customers to use their own best judgment when using our services. However, we also have to take into account various rules and laws that apply to our service. As we would rather spend our time building great services than talking to lawyers, we have taken the simple approach that if you violate our terms of service, we have the right to take various actions to protect ourselves and other users, including terminating your account. We explain this below in our Terms of Service. If you have any questions about our policies or how we apply them please let us know. We will periodically review and update our policies and Terms of Service, so please check back here from time to time to find out what has changed.

1. Acceptance of Terms of Service and Privacy Policy.

   You may only use rmbr's services and Website if you are prepared to agree to these Terms of Service and our Privacy Policy. It is important to read our Privacy Policy because we will be using your information for purposes of the rmbr services and for other marketing and support purposes. If you agree, then please indicate this by clicking on the "I Accept" button as part of the registration process. If you don't agree, then please do not use our services.

2. Description of Services.

   These Terms of Service apply to all the rmbr services, including any updated versions. The current list and type of services we offer are described in our Website at www. rmbr. com. We may change the rmbr services at any time and your continued use of the rmbr services confirms your acceptance of such changes. We give you permission to use the rmbr service, Website and any related materials, such as our synchronization software, provided you remain in compliance with these Terms of Service.

3. Account.

   When you register you will be provided with a user ID and password. Please do not give your user ID or password to anyone else. You are solely responsible for maintaining the confidentiality of your user ID and password, and you are fully responsible for all activities that occur under your account. You also agree to notify rmbr of any unauthorized use of your account or any other breach of security as soon as you become aware that such use or breach has occurred.

4. Term and Termination.

   You may continue to use the rmbr services and Website for as long as you comply with these Terms of Service and pay any applicable fees. rmbr reserves the right to suspend or terminate a customer's account at any time if there are reasonable grounds to suspect misconduct or breach of these Terms of Service, or for any other acts that rmbr believes are harmful, or for failure to pay fees. You may end your use of the rmbr services at any time. If you repeatedly cause issues or complaints that will increase the chances that we will terminate your use of our service. After a termination you will no longer have rights to access or use the rmbr service or Customer Content. If rmbr terminates its services there will be no liability for the loss or end of the services.

5. Children.

   The rmbr service is designed for people over the age of 13. Children under the age of 13 may not use the service.

6. Customer Content and Restricted Activities.

   All messages, photos, profiles or other information you post or that is collected from you by our service, such as photos automatically uploaded from your computer, are referred to as "Customer Content". You promise that you own all your Customer Content and that you have the legal right to allow your Customer Content to be used in the rmbr services. You give us permission, for now and for the future, to use, copy, perform, display, and distribute your Customer Content and to prepare derivative works of, or incorporate into other works, such Customer Content, and to grant the same permissions to others. This permission is permanent and can't be taken back. This permission is given to rmbr in return for use of the rmbr service, and not for any fee payable by rmbr, and shall continue to apply even after you cease using the rmbr service (e. g. so we can keep copies for our archives). You understand and agree that rmbr has the right and option, but not the obligation, to review and monitor all Customer Content and that rmbr can suspend, modify or delete any of your Customer Content if, in rmbr's sole judgment, your Customer Content violates these Terms of Service or is otherwise offensive, inappropriate, illegal, or that might harm or threaten rmbr or our other customers. You are responsible for any harm or liability caused by your Customer Content. The following is a list of the kinds of Customer Content and customer activity that are not permitted on the rmbr service. It is not an exhaustive list – there are likely other harmful types of content or activity that we will also block – but these examples demonstrate the kinds of content that cannot be used with our service:

   • images of nudity or pornographic or sexually explicit material;
   • text or images that are defamatory, libelous, harassing or threatening;
   • text or photos that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • junk mail, chain letters, or unsolicited mass mailing or spamming;
   • images or promotion of violent or illegal activities;
   • distribution or promotion of pirated products or images;
   • no impersonating someone else or misrepresenting yourself;
   • no automated services or any use that might place an undue burden on our systems;
   • no harvesting of email addresses or account profiles.

   Due to concerns relating to spam emails, we will limit the number of messages that a Customer can send during any 24-hour period while using the rmbr service.

   You may not monitor or copy any content or data on the rmbr Website or services using any manual process, or any robot, spider, or other automatic device, without first obtaining rmbr's prior written consent.

7. Complaints.

   If you are concerned about another customer's use of rmbr's services or regarding any Customer Content, please contact us using our contact form. Please note that if your complaint relates to copyright issues, specific details are required (see below).

8. Private Not Commercial Use.

   The rmbr service is intended for personal use by our customers and is not for use as part of businesses. If you wish to use our service for a commercial purpose you must ask for prior written permission.

9. Copyright and Trademarks.

   rmbr respects the rights of photographers and other owners of copyrights. If you believe that your photograph or other copyright work has been copied in a way that infringes your copyrights, please provide rmbr's Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

   • an electronic or physical signature of the owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
   • identification of the copyrighted work claimed to have been infringed;
   • a description of where the material that you claim is infringing is located on the rmbr Website or service;
   • your address, telephone number, and e-mail address;
   • a 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; and
   • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

   rmbr's Copyright Agent for notice of claims of copyright infringement is: copyright at rmbr dot com

   Our Website and services, including all of the information, content, software and materials that goes into making our Website and service, including Customer Content and our databases, are protected by copyright and other laws. Customers are the owners of their own Customer Content, while rmbr is the owner of the rmbr service data and databases, the original content we create for our Website, and the software we provide for use with our service. Except for your personal, non-commercial use of our service or Website in accordance with its intended purposes, you may not copy, distribute, cache or otherwise use or commercialize in whole or in part our services or Website. You also agree not to remove, obscure, or alter rmbr's or any other person's copyright notice, trademarks, or other proprietary rights notices. rmbr reserves all rights other than the rights expressly granted in these Terms of Service.

   rmbr™ is a trademark and service mark of rmbr, Inc. Our trademarks may not be used without our prior written permission.

10. You and other Customers.

    You are solely responsible for your interactions with other rmbr customers. rmbr reserves the right, but has no obligation, to monitor disputes between you and other customers.

11. Links and Other Sites.

    Like most other Websites and online services we link to other sites and services, including those of our advertisers. We don't control those other sites and services and so are not responsible for what they might do to you and don't endorse their products or services. Our service will also interact with other sites and services, including with your accounts at social networking sites like facebook and myspace. You agree to comply with all the terms and conditions of those other sites and services when you use our service to interact with them.

12. Fees.

    If you use any of our for-fee services, you agree to pay the fees applicable to your usage of such services. Please also note that some of our free services will result in additional charges from other service providers, such as your mobile phone carrier's charges for downloading files and messaging.

13. Disclaimers.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE rmbr SERVICES, WEBSITE AND SOFTWARE ARE PROVIDED "AS IS. " THE rmbr SERVICE MAY BE UNAVAILABLE AT TIMES (E. G. , FOR MAINTENANCE OR DURING OUTAGES). YOUR USE OF OUR SERVICES, WEBSITE AND SOFTWARE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, rmbr AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE rmbr SERVICE, WEBSITE AND SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE OR SITE ACCESSED IN CONJUNCTION WITH OR THROUGH THE rmbr SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, rmbr AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE rmbr SERVICE, WEBSITE AND SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE OR SITE THAT YOU ACCESS.

    YOU UNDERSTAND AND AGREE THAT YOU USE THE rmbr SERVICE AND SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, PHOTOGRAPHS OR FILES OR LOSS OF DATA THAT RESULTS FROM THE USE OF rmbr SERVICE OR SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

14. Limitation of Liability.

    UNDER NO CIRCUMSTANCES SHALL rmbr OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY CUSTOMER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. WE ARE NOT LIABLE FOR ANY LOSS OR CORRUPTION TO YOUR CUSTOMER CONTENT, INCLUDING LOSS OF YOUR PHOTOGRAPHS. THE MAXIMUM AGGREGATE LIABILITY OF rmbr AND ITS LICENSORS AND SUPPLIERS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

15. Indemnification.

    You will defend us and hold us harmless from any liability arising from your conduct in using the rmbr service (e. g. if you post a pirated photo it is your responsibility and you will defend us from any law suits from the owner of the photo), including any damages, loss, costs and expenses (including our lawyers fees and costs).

16. Abide by the Law.

    You agree to only use the rmbr service in accordance with applicable laws, rules and regulations.

17. Automatic Updates.

    The synchronization software that we provide to load your photos in the rmbr service will need to be updated periodically. You agree that rmbr may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the rmbr services and may include bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit rmbr to deliver these to you).

18. US Government Restricted Rights.

    All materials, information, software (including the synchronization software) and other products supplied by or through the rmbr service are provided with "RESTRICTED RIGHTS. " Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in FAR52. 22724 and DFAR252. 227-7013 et seq. or its successor. Use of any of such materials by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in the materials. In the event that the license granted in these Terms of Service, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

19. International Use.

    The rmbr service is currently only available for customers living in the United States. We plan to introduce a service for users outside the US in the future, but until that launch international users are not permitted.

20. Governing Law and Venue.

    By visiting or using our Website and/or using the rmbr service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service. We agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Service, the rmbr Website and/or the rmbr service shall be final and binding arbitration, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under these Terms of Service shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's supplementary procedures for consumer related disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be New York, New York and the allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules and the foregoing shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, then rmbr will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Service shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the rmbr service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the rmbr Website and/or the rmbr service be instituted more than one (1) year after the cause of action arose.

21. Privacy Policy.

    It is important that you have read our Privacy Policy, which is incorporated by reference into these Terms of Service. You acknowledge and agree to our Privacy Policy when you complete registration and use our services.

22. Security and Back-Ups.

    rmbr uses standard security measures to protect against the loss, misuse and alteration of your account information and Customer Content. Although we make efforts to keep your account information and Customer Content in a secure manner, we cannot guarantee security. We cannot guarantee that our security measures will prevent "hackers" from illegally accessing our systems and databases. You are also responsible for keeping back-up copies of all data and Customer Content that you send to us.

23. Third Party Beneficiaries.

    We are the only parties to these Terms of Service and no third party may claim to benefit from these terms and conditions, except for rmbr's licensors and suppliers.

24. General Provisions.

    These Terms of Service constitute the entire agreement between you and rmbr regarding the use of the rmbr service and Website, superseding any prior agreements or communications between us. The failure of rmbr to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

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