Terms of Service

Terms of Services

The Rumor Group, Inc. (Rumororwe) operates a website- and app-based service allowing individual users (Users) to connect with third-party brands or other organizations or entities (Brands) and attend events, gatherings, or other functions hosted or otherwise put on by such Brands (Events) and otherwise consume products and/or services offered by such Brands (Events and such products and/or services, collectively,Brand Services). These Terms of Service (Terms) apply to your access to and use of the Rumor website located atjoinrumor.com(or any successor links) and all associated web pages, websites, and social media pages (theSite), Rumor mobile application (theApp), and any other online products or services provided by Rumor (collectively, ourServices). You may be using our Services in the capacity of a User or a Brand, and the terms applicable to Users or Brands will apply to you in your capacity as a User or Brand.

THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND RUMOR. PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. Any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the updated Terms incorporating such changes or otherwise notified you of such changes.

1.Our Services

Our Services are a neutral venue that enables communication and transactions between Users and Brands. As a provider of a neutral venue, Rumor does not own, create, sell, resell, control, manage, offer, deliver, or otherwise provide any Events or any other Brand Services. Brands alone are responsible for their Brand Services. When a Brand invites a User to attend an Event or otherwise consume Brand Services and a User accepts such invitation or otherwise transacts with a Brand, that User is exclusively transacting with the Brand, not Rumor, and Rumor is not and does not become a party to, or other participant in, any transaction or relationship (contractual or otherwise) between Users and Brands. Rumor is not acting as an agent in any capacity for any User or Brand. Without limiting the foregoing, Rumor assumes no liability or responsibility for damages associated with the Brand Services or resulting from any other transaction or relationship (contractual or otherwise) between any User and any Brand.

We have no control over and do not guarantee (a) the existence, quality, safety, suitability, or legality of any Events or other Brand Services, (b) the truth or accuracy of any Event or other Brand Services descriptions, ratings, reviews, or Content (as defined below), or (c) the performance or conduct of any Brand, User, or third party. Rumor does not endorse any Brand, User, Event, or other Brand Services. Any description of any User, Brand, or Brand Services is not an endorsement, certification or guarantee by Rumor about any such User, Brand, or Brand Services, including, without limitation, of the User's or Brand's identity or background or whether the User, Brand, or Brand Services are trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to attend Events or consume other Brand Services or otherwise communicate, interact, and/or transact with other Users or Brands, whether online or in person.

2.Privacy; Communications

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy atjoinrumor.com/privacy-policy.

Our Services may provide certain communications features available through the use of short message service (SMS) messaging. If you elect to receive SMS messages to your mobile devices and/or email messages as part of our Services, you hereby authorize us to send SMS messages and/or email messages to you. To elect to receive SMS messages on one or more mobile devices, you must be, and represent and warrant that you are, the authorized user(s) of the mobile devices. You acknowledge that you have the option to opt-in or opt-out of receiving SMS and/or email messages, although we are under no obligation to provide either email or texting options. Your receipt of SMS messages may result in you incurring additional messaging or data fees with your wireless carrier(s) for which you are solely liable.

3.Eligibility

You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you use our Services on behalf of another person or entity, (a) all references to you throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

4.Accounts and Account Security

Brands and most, but not all, Users must maintain an account on our Services. If you are a User, you may use our Services in the capacity of a member (aMember User) in which case you must apply for an account, or you may use certain features of our Services on a limited basis in the capacity of a non-member (aNon-Member User), which does not require an account or any application. For prospective Member Users, we may accept or reject your application in our sole discretion for any reason or no reason. For clarity, these Terms apply to you whether or not you maintain an account.

For all applications and accounts, you must provide accurate information and promptly update your information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not permit others to use your account credentials and are responsible for all uses of your account, even if used without your permission. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

5.Additional Specific Terms

Users - Subscription Terms:

Your use of our Services may require enrollment in a payment plan involving automatic renewal (aRecurring Subscription). If enroll in a Recurring Subscription, you authorize us to maintain your account information and charge that account automatically upon the renewal with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. Your Recurring Subscription will automatically renew unless you cancel it. In the event that we are unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, we may in its sole discretion (a) bill you for your Services and suspend your access to our Services until payment is received or (b) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

You may cancel your subscription [through your account/by emailing us at support@therumor.com]. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period.

We may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least [ten] days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and we will charge your on-file payment card or method on the first day of the renewal of the subscription term.

Brands - Service Terms:

You are solely responsible for any and all aspects of your Events and other Brand Services, including, without limitation, the safety, suitability, condition and provision thereof and your acts and omissions in connection therewith. Additionally, when listing an Event or other Brand Services on our Services, you must (a) provide complete and accurate information about such Event or other Brand Services, (b) disclose any deficiencies, restrictions, and requirements that apply, (c) provide any other pertinent information required by Rumor, and (d) adhere to any other restrictions required by Rumor.

When a User accepts your invitation to attend an Event or otherwise consume Brand Services, you are transacting solely with that User and not Rumor including, as applicable, entering into any legally binding agreements with that User. We are not responsible for such transactions or agreements.

You are responsible for maintaining and publicly posting a legally compliant privacy policy that accurately and completely describes your collection and use of User information.

If you choose to use the Services as a Brand, your relationship with Rumor is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Rumor for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Rumor. Rumor does not, and will not be deemed to, direct or control you generally or in your performance under these Terms specifically, including, without limitation, in connection with your provision of any Events or other Brand Services. You acknowledge and agree that you have complete discretion whether to list any Events or other Brand Services or otherwise engage in other business activities.

6.Content

Our Services allow you to create, post, store and share content, including messages, text, photos, videos, audio, graphics, tags, links, software and other materials (collectively,Content). Except for the license you grant below, you retain all rights in and to your Content, as between you and Rumor.

You grant Rumor a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content and any name, username or likeness provided in connection with your Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share Content on or through our Services, you understand that your Content and any associated information (such as your username or profile photo) may be visible to others. If your name, voice, image, persona, likeness, or performance is included in any of Content, you hereby waive and release Rumor and all Users and Brands from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Content in accordance with the license in these Terms.

You may not create, post, store or share any Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Content, and our use of such Content as permitted by these Terms, does not and will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Content, we may delete or remove Content at any time and for any reason with or without notice.

7.Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another User or Brand's account without authorization from that User or Brand and Rumor;
Engage in tactics to bypass our Services or other Rumor systems to avoid complying with any of our applicable policies, including these Terms, paying any applicable fees, or complying with other contractual obligations;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other Users or Brands from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party's consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Rumor or others to any harm or liability of any type.

Enforcement of this Section 7 is solely at Rumor's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

8.Ownership; Limited License

Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Rumor or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use and solely with respect to the App, install and use the App on a mobile or personal device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. The App is licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile or personal device.

9.Trademarks

The Rumor name and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Rumor and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

10.Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Rumor or our Services (collectively,Feedback). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Rumor's sole discretion. You understand that Rumor may treat Feedback as nonconfidential.

11.Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users or Brands who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Rumor's designated agent.

Please see17 U.S.C. § 512(c)(3)for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Rumor for certain costs and damages.

12.Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Rumor and our officers, directors, agents, partners and employees (individually and collectively, theRumor Parties) from and against any losses, liabilities, claims, demands, damages, expenses or costs (Claims) arising out of or related to (a) your access to or use of our Services; (b) your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your communications, interactions, or other transactions with a Brand or a User; (f) your provision of or attendance at Events; and/or (g) your provision or consumption of other Brand Services. You agree to cooperate with the Rumor Parties in defending such Claims.

13.Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, RUMOR DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK AS TO YOUR PROVISION OF OR ATTENDANCE AT EVENTS AND/OR CONSUMPTION OF ANY OTHER BRAND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR COMMUNICATIONS, INTERACTIONS AND OTHER TRANSACTIONS WITH ANY USER, BRAND, AND/OR ANY THIRD PARTY IN CONNECTION THEREWITH AND ANY CONSEQUENCES THAT MAY ARISE THEREFROM, INCLUDING, WITHOUT LIMITATION, INJURY TO PERSONS, INJURY TO PROPERTY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME ALL SUCH RISKS. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE OF A MEMBER USER INDICATES ONLY THAT SUCH MEMBER USER HAS MET OUR QUALIFICATIONS FOR ACCEPTANCE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO, ANY MEMBER USER, NON-MEMBER USER, OR BRAND, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE IDENTITY OR CONDUCT OF SUCH MEMBER USER, NON-MEMBER USER, OR BRAND, OR THAT ANY OF THE FOREGOING HAVE BEEN SUBJECTED TO ANY BACKGROUND CHECKS OR OTHER VERIFICATION PROCESSES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE OF A MEMBER USER INDICATES ONLY THAT SUCH MEMBER USER HAS MET OUR QUALIFICATIONS FOR ACCEPTANCE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO, ANY MEMBER USER, NON-MEMBER USER, OR BRAND, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE IDENTITY OR CONDUCT OF SUCH MEMBER USER, NON-MEMBER USER, OR BRAND, OR THAT ANY OF THE FOREGOING HAVE BEEN SUBJECTED TO ANY BACKGROUND CHECKS OR OTHER VERIFICATION PROCESSES.

14.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RUMOR AND THE OTHER RUMOR PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF RUMOR OR THE OTHER RUMOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF RUMOR AND THE OTHER RUMOR PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO USE OUR SERVICES OR $100, WHICHEVER IS GREATER.

THE LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF RUMOR OR THE OTHER RUMOR PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15.Release

To the fullest extent permitted by applicable law, you release Rumor and the other Rumor Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) disputes between you and a User, Brand, or other third party, (b) the acts or omissions of Users, Brands, or other third parties, and/or (c) the provision of or attendance at Events or provision or consumption of other Brand Services.

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides:A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

16.Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

17.Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rumor and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Rumor agree that any dispute arising out of or related to these Terms or our Services is personal to you and Rumor and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Rumor seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Rumor seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property,you and Rumor waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Rumor or relating in any way to our Services, you agree to first contact Rumor and attempt to resolve the claim informally by sending a written notice of your claim (Notice) to Rumor by email at [support@therumor.com]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Rumor cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in [Los Angeles, California] in accordance with the JAMS Streamlined Arbitration Rules and Procedures (JAMS Rules). The most recent version of the JAMS Rules are available on theJAMS websiteand are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Rumor agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (theFAA), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Rumor, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Rumor agree that for any arbitration you initiate, you will pay the filing fee and Rumor will pay the remaining JAMS fees and costs. For any arbitration initiated by Rumor, Rumor will pay all JAMS fees and costs. You and Rumor agree that the state or federal courts of the State of [California] and the United States sitting in [Los Angeles, California] have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Rumor will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by sending an email to [support@therumor.com]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

18.Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of [California], except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of [California] or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state o

19.Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you (including, without limitation, by suspending or terminating your account) at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

20.Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions

21.Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access or use our Services on any device that contains the iOS mobile operating system (theiOS App) developed by Apple Inc. (Apple).

Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Rumor, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the iOS App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. You and Rumor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Rumor. However, you understand and agree that in accordance with these Terms, Rumor has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
Product Claims. You and Rumor acknowledge that as between Apple and Rumor, Rumor, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party's intellectual property rights, Rumor, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to:

The Rumor Group, Inc.

support@therumor.com

Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using our Services.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access or use our Services on any device that contains the Android mobile operating system (theAndroid App) developed by Google, Inc. (Google):

You acknowledge that these Terms are between You and us only, and not with Google.
Your use of our Android App must comply with Google's then-current Android Market Terms of Service.
Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

22.Miscellaneous

These Terms constitute the entire agreement between you and Rumor relating to your access to and use of our Services. The failure of Rumor to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.