Last updated: November 13, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://gonerubicon.com/ website (the “Service”) operated by Rubicon (“us”, “we”, or “our”).
Your use of this site and any other use of material hosted on this site indicates your acceptance of the following Terms and Conditions of Use of the Rubicon® site at http://gonerubicon.com/ (referred to as “Rubicon”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service. If you disagree with any part of the terms then you may not access the Service. Terms & Conditions created by TermsFeed for Rubicon.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Rubicon.
Rubicon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Rubicon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. These terms and conditions are subject to change without warning, so please review them regularly. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
General Liability Notice
We are not responsible for any stories or comments posted, nor the consequences of reading them. The views expressed in them are those of the authors, who accept total responsibility for the content of their posts. If you find any posts on this site to be offensive or objectionable, please contact us with the address of the post. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.
No Guarantee, No Warranty
Rubicon makes no claim or warranty, implied or otherwise. THE CONTENT AND OTHER MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RUBICON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RUBICON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUBICON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RUBICON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contact Us
If you have any questions about these Terms, please contact us at rubiconperforms@gmail.com.
DMCA Enforcement
Digital Millennium Copyright Act (DMCA) Act
It is the policy of RUBICON to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. This Exhibit A describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any RUBICON sites, including http://gonerubicon.com, becomes the subject of such a notice.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with RUBICON’s rights and obligations under the DMCA and do not constitute legal advice.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected site, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
By using some of our services, you license other customers to copy works you have uploaded into specific sections of those services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works at that RUBICON site.
If you are a copyright owner or an agent thereof and you believe that any content or link on one of RUBICON’s sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing:
(1) Your physical or electronic signature;
(2) Identification of the copyrighted work or works claimed to have been infringed;
(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services;
(4) Information to permit RUBICON’s agent to contact you: your address, telephone number and email address;
(5) 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 the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Designated DMCA Agent
RUBICON’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:
- D. Skinder
4420 Valley Ranch Road, Suite 200
Longview, Texas 75602
Phone: (903) 309-0940
Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
Account Termination
Some RUBICON services do not have account holders or subscribers. For services that do, RUBICON will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact RUBICON’s agent and provide information sufficient for us to verify that the account holder or subscriber has been determined to be in violation of the DMCA repeatedly.
Counter-Notification
In some instances a customer of one of RUBICON’s services who has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page or site on one of RUBICON’s services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we may reinstate the posts or material in question.
To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.