If you do not agree to these terms and conditions of use, you may not access or otherwise use the Website. By using the Website, you acknowledge that you have read this Agreement and that you agree to be contractually bound by it.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by DAFI from time to time, such modifications to be effective upon posting by DAFI on the Website. This Agreement includes DAFI's Acceptable Use Policy, Content Posted, and Code of Conduct on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
By using the ruTuner.fm Services, 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) if you are under the age of 18 you have permission from your legal guardian to utilize ruTuner.fm Services. (d) Your use of the ruTuner.fm Services does not violate any applicable law or regulation. (e) Your profile may be deleted and your Membership may be terminated without warning, if we believe you are not "eligible" to utilize the site's services.
This Agreement shall remain in full force and effect while you use the ruTuner.fm Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ruTuner.fm may terminate your Membership at any time, without warning.
By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
You agree to use the ruTuner.fm's service in accordance with the following content posted and code of conduct guidelines:
Will not create more than one account.
Will not upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any Content, in whole or in part, for any purpose whatsoever except as expressly authorized in this Agreement; and to do so in any manner exceeding the scope of your rights to use such Content (e.g., license rights associated with premium content or subscription-based materials), without permission from the Content owner, or otherwise in violation of another person's rights to such Content.
Will not upload, copy, distribute, share, or otherwise use Content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, pornographic, threatening, racially or ethnically offensive, abusive, that would violate another person's rights, constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, national, or international law or regulation, or that is otherwise inappropriate.
Will not upload, copy, distribute, share, or otherwise use unsolicited or unauthorized advertising or promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. To protect our Members from such advertising or solicitation, Juggle reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period, to a number that ruTuner.fm deems appropriate in its sole discretion.
Will not upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent.
Will not disclose your password or transfer your account to any third-party, or allow any third-party to access your account.
Will not impersonate any person or entity, including without limitation ruTuner.fm officials, staff, and/or Members.
Will not access the Service by any means other than through the interface provided by ruTuner.fm for use in accessing the Service. This includes not using or launching any automated system, including without limitation any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to the ruTuner.fm servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser. Notwithstanding this, DAFI grants the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of creating publicly available, searchable indices of such Content, but not caches or archives of such Content. DAFI reserves the right to revoke these exceptions, in general or specific instances.
Will not interfere with or disrupt the Service or servers or networks connected to the Service, make the Service available over a network (other than ryTuner's network) where it could be used by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
Will not use the Service to artificially generate traffic or page links to a Website or for any other purpose not intended for personal, noncommercial use of the Service.
Will not collect, harvest, or store any personally identifiable information, including Member account information, from the Service.
Will not translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service, in whole or in part.
Will not circumvent, disable, violate, or otherwise interfere with any security related feature of the Service, or any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Service or Content.
Will not rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including without limitation your account information), use of the Service, or access to the Service.
Will not use the Service to harass or "stalk" anyone.
Will not upload Content that exploits anyone under the age of 18 in a sexual or violent manner, or that solicits personally identifiable information from anyone under the age of 18.
Will not use the Service in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act, 8 U.S.C. P 1189.
Will not use the Service in any way that violates the terms of this Agreement, or that aids, encourages, or purports to authorize anyone else to violate the terms of this Agreement.
Will not use the service in any way that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation.
Will follow the following rules while participating on the site. Any disregard for these rules or any of the other terms or guidelines may result in termination of a member's account.
No use of profanities or swear words.
No personal attacks against other members or a member's opinions.
No use of racial, sexual or religious slurs.
No threats or implications thereof.
You acknowledge and agree that the Service uses and contains proprietary and confidential technology and information owned by or licensed to Juggle, and protected by applicable intellectual property and other laws and international treaties. You are not granted any right or license with respect to the trademarks of ruTuner.fm, Juggle, or any third-party. You further acknowledge and agree that Content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties. All material you post on ruTuner.fm, including debate arguments, comments, forums, profiles, pictures, and messages becomes the property of ruTuner.fm, and you waive all claims of ownership for said property.
You are solely responsible for your interaction with other ruTuner.fm Members or users, whether online or offline. DAFI reserves the right, but has no obligation, to monitor disputes between you and other Members or users. If you have a dispute with one or more Members or users, you release ruTuner.fm and DAFI (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
As explained herein, use of the Site and Service is also governed by our "Privacy Statement".
The Service (including any software contained therein) is provided "AS-IS." Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, DAFI expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. DAFI makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and DAFI disclaims any liability relating thereto. DAFI cannot guarantee and does not promise any specific results from use of the Service or Internet. You are solely responsible for creating and maintaining your own personal backup of any of your Content Uploaded to ruTuner.fm.
The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall DAFI be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, DAFI shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, email, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. DAFI shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond DAFI's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of Third-Parties, or loss of or fluctuations in heating, lighting, or air conditioning. DAFI shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, DAFI may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event DAFI does so, it will not be liable to you or any third-party.
You acknowledge that your Uploading of any Content to ruTuner.fm is done at your own risk. DAFI shall not be held liable for any loss, damage, or injury relating to such Content in any way. DAFI shall not be held liable for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users, Members, or any equipment or programming associated with or used in the Service. DAFI shall not be held liable for the conduct of any Member or user. Under no circumstances shall DAFI be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to Members, or any interaction between Members or users, whether online or offline.
Some of the Content, products, and services available through the Service may include materials belonging to Third-Parties. DAFI or its partners may present advertisements or promotional content on or through the Service. DAFI has no control over and does not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third-party through the Service or any hyperlinked Website, or featured in any banner or other advertising. Your dealings with, or participation in promotions of, any third-party advertiser on or through the Service are solely between you and the third-party. You agree that DAFI shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such Third-Parties on the Service. As when dealing with any product or service provider, you should use your best judgment and exercise caution as appropriate.
DAFI reserves the right, in its sole discretion, to modify, delete, or otherwise change a Member's username, URL address, content, or account with or without notice, at any time, and without liability. DAFI reserves the right to use profile pictures, user names, and/or URL addresses of Members on the Site, including without limitation on our "Join" page, "Home" page, "Member" page or in emails in connection with advertisements and promotion of ruTuner.fm. DAFI also reserves the right to use any uploaded photos, usernames, URL addresses, or account information on any additional domain names that reflect a similar debating environment.
IN NO EVENT SHALL DAFI BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF DAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAFI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD-PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT DAFI SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR OTHER THIRD-PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DAFI'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DAFI FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DAFI, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD-PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITE OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.
DAFI may provide you with notices, including without limitation notices regarding changes to the Agreement, by email, regular mail, or postings on the Service. Unless the notice states otherwise, it will become effective immediately.
This Agreement (including all ruTuner.fm policies, guidelines, rules, and notices incorporated by reference herein) represents the complete and exclusive statement of the agreement between DAFI and you regarding the use of the ruTuner.fm Site or Service; and it supersedes any prior proposal, oral or written agreement, and any other communications between DAFI and you relating to the subject matter of this Agreement. Any failure of DAFI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Unless expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You understand that meeting new people, by whatever method or means, always requires taking normal precautions you should otherwise follow in establishing new relationships. Those may include, but are not limited to, meeting in public places, checking with mutual friends, free or fee-based internet background checks or searches, and otherwise using common sense about protecting yourself and your property. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on ruTuner.fm is designed to or should be expected to do any of that for you.
When you sign up to become a Member, you will also be asked to choose a password. 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 or to disclose your password to any third party. You agree to notify ruTuner.fm 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.
If you have any questions about this User Agreement, the practices of this site, or your dealings with the ruTuner.fm website, you can contact:
DAFI Media, LLC
Sushevsky Val 16, bld. 4
Moscow, Russian Federation
RuTuner.fm is a membership-based online debating service designed to provide an easy and free system for our members to debate each other on the Web. To accomplish this, our members create their own unique profiles. In order to do this, we must ask for certain personal information, which may or may not include: customer-specified ruTuner.fm username, gender, age, appearance, geographic location and other various information. This information is used by visitors and members for searching and selecting a debate opponent. Much of this information is optional, and meant to be seen by other members and visitors. Public information supplied by the user is intended to be viewed by visitors to the site.
We may use your email address and other personal information to help us efficiently operate the Site, to contact you in connection with your activity on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with ruTuner.fm), and to forward messages and debate challenges to you from other ruTuner.fm users. These communications are known as "Operational Communications." These Operational Communications may also contain commercial messages, banner ads, newsletters, information, special offers and other promotional materials for ruTuner.fm or third parties' goods or services. The Site provides you with options to decline to receive communications from ruTuner.fm (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive communications and offers sent by ruTuner.fm.
We at ruTuner.fm do not and will not send spam emails to email addresses entered into our website from one of our services. We will only use customer email addresses to contact and fulfill the services requested. We hold to a very strict no spam policy, since we are very much against spam ourselves. We do not sell, rent, share, trade, or give away any of your personally identifiable information except when we have your permission, in cases where you are expressly informed otherwise.
To accept new members, we may require information that includes, but is not limited to: email address, first name, last name, birth date, a user-specified username and password, country, state, and city. We primarily use email addresses submitted by members to verify enrollment. Email addresses may also be used in private correspondence with the user for customer service issues. All other private information submitted by the user is confidential and will not be disclosed except as required by law or to protect members of ruTuner.fm. Most private information can be updated by the user at any time. Except where you are expressly informed otherwise, we do not sell, rent, share, trade or give away any of your personal information unless required by law or for the protection of your membership.
ruTuner.fm makes comments/message boards available to its users and all debates are public for members and visitors to view. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personally identifying information.
This site contains links to other websites. Please be aware that DAFI Media is not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by ruTuner.fm.
When you choose to use the ruTuner.fm "Invite friends" feature, you are prompted to input friend's email addresses. We will automatically send an email to the addresses provided, with a message inviting the recipient to join the ruTuner.fm community. Abuse of this feature will result in automatic termination of your account.
All Member accounts are password-protected. We go to great lengths to protect the account information that you have provided us. Access to this information is limited to only the DAFI Media employees who need it in order to perform their job function, such as customer service representatives. However, please note that we do not guarantee account security. Hardware or software failure, unauthorized use, and other factors may lead to a security breach. If you have any questions about this, please contact us.
Each time you visit the Site, we automatically collect your IP address and the webpage from which you came. This is common practice for e-commerce websites in order to administer, optimize and to diagnose problems with our Site. Your IP address is used to help identify you, collect broad demographic information and to verify and track your session. This gives DAFI Media an idea of which parts of our site anonymous users are visiting. We do not link IP addresses to anything personally identifiable.
If you no longer wish to receive email notifications from ruTuner.fm you may modify your account settings. In addition, every email that we send includes instructions directing the recipient how to opt-out of future emails sent from ruTuner.fm.
ruTuner.fm provides users the following options for modifying information previously submitted.
Modify their account they created online from their account page.
Send email via the "Contact Form" on the site.
You can send mail to our postal address.
If we make any material changes in our privacy practices that affect or do not affect the user information already stored in our database, we will post the change on this page. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
If you have any questions about this User Agreement, the practices of this site, or your dealings with the ruTuner.fm website, you can contact:
DAFI Media, LLC
Sushevsky Val 16, bld. 4
Moscow, Russian Federation