Welcome to RumBum.com™, the Internet Website (the "Site") of Rum Bum Distributors, Inc., a Florida corporation (the "Company"). RumBum.comTM is a website designed for everyone. The Company is the exclusive proprietor, and sole operator, of this Site.
These Terms and Conditions apply to the Site (located at the URL http://www.RumBum.com) and all other web pages interconnected with such Site including, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (collectively, the "Site").
This Site is offered to you, the online user/registrant ("you"), conditioned upon your acceptance, without modification, of all of the terms, conditions, and notices set forth herein and, also, set forth in the Company’s Privacy Policy. Your use of this Site (by registering, logging on, or otherwise using) constitutes your express acceptance thereof. You also agree that the Company may post, use, and publicly display your photograph or image. If you do not agree to all of the Company's terms, conditions and notices, as may be contained herein, please do not use this Site or download any materials from this Site.
By registering for, logging on, or otherwise utilizing this Site, or any of its services, you, the use, represent and warrant to the Company that you agree to abide by all of the Company’s terms and conditions, and that you will provide the Company only with accurate, up-to-date information. You, the online user, are responsible for your account with the Company, and any and all use of your account.
Use of the Site's blogs, classified ads, comments on other user's profiles and any other space where users can input their content must, at all times, be civil, courteous, professional, and respectful.
The Company hereby reserves the right to alter, amend, change or modify the terms, conditions and notices, from time to time, and at any time, without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing the Terms and Conditions, as well as any additional terms posted on the Site. Your continued use of the Site constitutes your agreement to all such new or additional terms, conditions, and notices. If any provision of these Terms and Conditions are found invalid and/or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain unaffected thereby.
The Site contains many of the Company's valuable service marks, trademarks, copyrighted materials and/or other intellectual property assets owned and used by the Company, its subsidiaries or affiliated entities. The Company's intellectual property is protected from copying and piracy under state, federal and international laws. They may not be copied, reproduced, or simulated without the express written consent of the Company.
The graphic images, buttons, and text contained in the Site are the exclusive property of the Company. Except for your own personal use, they may not be modified, published, uploaded, downloaded, posted, distributed copied, distributed, pirated, reproduced, simulated or transmitted, in any form, or by any medium, whether by analog, audio, digital, electronic, laser, mechanical, photocopying, photographic, recording, video or other means, without the express, prior, written, consent of the Company.
The arrangement, content, and layout of the Site including, without limitation, the content, designs, graphics, service marks, text, and trademarks are proprietary to the Company. Except for your own personal use, they may not be modified, published, uploaded, downloaded, posted, distributed copied, distributed, pirated, reproduced, simulated or transmitted, in any form, or by any medium, whether by analog, audio, digital, electronic, laser, mechanical, photocopying, photographic, recording, video or other means, without the express, prior, written, consent of the Company.
Any unauthorized use of this Site, or its arrangement, content, design, materials, sequence or structure may violate civil and/or criminal laws including, by way of example and not by way of limitation, copyright laws, trademark laws, the laws of privacy and publicity, and Federal communications regulations and statutes.
The Company makes no proprietary claim to any third-party names, trademarks or service marks which may appear, from time to time, on this Site. Any third-party names, trademarks, or service marks are the properties of their respective owners. The Company respects others' intellectual property rights and assets. In case of any claims of alleged copyright, or other claims of infringement, or other violation of any intellectual property rights, the Company’s webmaster should be contacted promptly.
Through your personal use of this Site, you do not acquire or obtain, by implication or otherwise, any license or right to use the Site, except as may be set forth herein, or to make additional copies of any materials or information displayed in this Site. You may download one (1) copy of the materials on the Site, on a single computer, and only for your personal, non commercial, internal use. You may not: (i) modify the materials or use same for any commercial purpose, or any other public display, performance, sale, or rental; (ii) decompile, reverse-engineer, or disassemble any software materials; (iii) remove any copyright notice or other proprietary notices from the materials; or (iv) transfer the materials to another person or entity. By posting a message or contributing in any way to this Site including, but not limited to, sending comments and/or e mails, to this Site, you expressly grant the Company the right to use same, in any way, or to copy, republish or sell your message, or other contribution, as part of the Company's property.
The Company strives to ensure that information set forth in the Site is accurate and may be relied upon by you and other online users. Notwithstanding the foregoing, neither the Company, nor the Internet are infallible and errors may, and do, occur. The Company also does not guarantee a virus-free environment. Accordingly, you should take steps for your own protection to ensure that anti-virus measures and other computer protections and security measures are in place. Under no circumstances shall the Company be responsible or liable for the content posted by users, including errors or completeness or any costs or damages caused as a result of any postings. Therefore, to the fullest and broadest legal extent possible, the Company disclaims any warranty of any kind, whether express or implied, as to any matter related to this Site including, but not limited to, the warranty of merchantability or fitness for a particular purpose. The Company also shall not be liable for any damages or injuries caused by use of this Site (for example, computer viruses, worms, omissions or misstatements).
The Company may, from time to time, revise the information contained in the Site; no notice need be given to achieve that end. In no event shall the Company be liable for any special, direct or indirect, incidental, consequential, exemplary, or punitive damages arising out of, stemming from, or relating to this Site, or any of the information contained herein, or arising from, or directly or indirectly, related to the use of, or the inability to use, the Site or its content, materials and functions related thereto, or any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer viruses or line failure including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if the Company has been advised of the possibility of such damages, whether based on contract, tort, negligence, strict liability or otherwise. (Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users.)
The Company has a formal Privacy Policy. Please review the Company,s Privacy Policy for disclosures relating to the collection and use of your personally identifiable and non personally identifiable information. You hereby acknowledge and agree that you are solely responsible for the accuracy and content of any and all information that you may choose to submit or provide to the Company when using this Site.
The Company is concerned about security for you and other valued online users. Sensitive information, such as name, contact information and interests are, therefore, transmitted by a secure server connection. Following your registration, you will receive a password in order to log on to RumBum.com. You must keep your password secret. If you are having any problems with your password, or you discover any unauthorized use, or abuse, of your password, you must promptly contact the Company’s webmaster. You then will be required to change your password. If you disclose your password, or other login data, to any third persons, or you otherwise violate the foregoing obligations, you are solely responsible for any and all consequences and damages, as a result thereof.
The Company may make certain services available to online visitors of the Site. By way of illustration, you may be able to chat with other visitors, post comments on a bulletin board, enter a sweepstakes, download a screen-saver or other software (collectively, the "Site Offerings"). Visitors are solely responsible for the user information and other content they may post on, and through, the Site. The Company does not guaranty the continued existence or availability of the Site. The Company enjoys the full, absolute and unfettered discretion to determine whether to perpetuate the Site, or. to terminate, change, suspend or discontinue same, or any aspect of the Site including, but not limited to, content, features or hours of availability. The Company may also impose limits on certain features of the Site, or restrict your access to part or all of the Site, without notice or monetary penalty.
The Company may, from time to time, set up rules and/or restrictions regarding the use of groups or forums, or the storage of data. The Company may block, close or delete any user account which has not been accessed in more than three (3) months. Connection data may be deleted three (3) months after the connection has ended. In the event that you object to the storage of your connection data, please contact the Company’s webmaster.
Unless specifically requested, the Company neither solicits, nor does it wish to receive, any confidential, secret or proprietary information, or other material from you or any online user at, or through the Site, or any of the Company's services, whether by e mail, or by any other medium. Any information or material provided, submitted, or sent to the Company will be deemed not to be confidential or secret. By providing, sending, or submitting information or other material to the Company, you represent and warrant that the information is original to you and that no other party has any rights or claims to the material. You also hereby agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you may provide, send or submit to the Site: (i) shall forever be the exclusive property of the Company; (ii) may be used by the Company in any manner whatsoever; and (iii) that the Company is not required to provide you with any compensation or acknowledgment whatsoever of any such submission. You further agree and acknowledge that, by using this Site, any and all communications and/or information provided, sent or submitted by you to, or through, the Site will not be treated as confidential or proprietary.
You agree that use of this Site is entirely at your own risk. You warrant and agree that, while using the Site, you shall not, at any time, in any manner, directly or indirectly, upload, post, transmit to, distribute or otherwise publish through the Site any data, diagrams, e-mails, information, messages, photos, text or videos ("materials") that: (a) are protected by copyright, or other proprietary or intellectual property rights, or derivative works with respect thereto, without first obtaining permission from the Company, or the copyright owner, as the case may be; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit language or graphic descriptions or accounts of sexual acts, or are of an abusive, aggressive, hateful, insulting, racist, sexist, slanderous, threatening, or violent nature, whether directed at another individual or group of individuals, or not, or invasive of another's privacy; (c) restricts or inhibits any other user from using and enjoying the Site; (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (e) are deceptive, false or misleading; (f) contain a virus, worm or other harmful component; or (g) constitute advertising of any kind, or false or misleading indications of origin, or statements of fact.
You also agree and acknowledge that you will not, at any time, in any manner, directly or indirectly: (a) impersonate, or misrepresent yourself, or your affiliation, with any other person, group or entity, or assume the identity of another person or of a fictitious person; (b) to represent yourself or hold yourself out as an officer, director, principal, employee, agent or representative of RumBum.com, or of Rum Bum Distributors Inc.; ( c ) to register for more than one account; (d) to post, provide, submit or upload any photograph or image of a person other than yourself ; (e) to falsify headlines or manipulate registration numbers in order to mask the origin of content which is transferred; (f) to store or collect the personal data of other users or persons; (g) to publish the private e-mails of other users or persons; (h) to upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as may be expressly permitted, in advance, by the provider of such information or other material); (i) to engage in spamming, flooding or harassing of other users or persons; (j) to publish protected material (e.g., text, videos, photographs), without the owner's prior consent; (k) to violate or infringe another's copyright, service mark, trademark, trade secret or proprietary information, or to unfairly compete with another; or to engage in fraudulent, deceptive or unfair trade practices, or to engage in any criminal conduct; (l) to upload, post, publish, transmit, reproduce, distribute or in any way exploit any personal information of any user or other person, without that person's express prior consent; (m) to publish passwords or other login data; (n) to publish any information, personal or otherwise, from anyone under the age of 18; (o) to use or attempt to use another user's account, service or system; (p) to encourage, solicit, or aid or abet other users or third-parties to violate any of these Terms and Conditions of Use; (q) to republish deleted contributions or discussions; ( r ) to attempt to gain unauthorized access to any other computer systems through the Site; (s) to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer codes, files, or programs designed to interrupt, disrupt or destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (t) to use the Site for commercial purposes including , but not limited to, advertising, distributing, marketing, promotional or sales purposes, or for purposes of chain letters, pyramid or Ponzi schemes; (u) to use the Classifieds space for other than an advertisement, or to misrepresent an item, job, product, or service that is being sold, or to violate any local laws with respect thereto; or (v) to take any other action designed to disturb, disrupt, or destroy the technical operation, or other users' use or enjoyment of the Site. The Company hereby reserves the right to terminate the account of any user who violates any of the foregoing terms and conditions of use.
The Company has no obligation to monitor any content on, or through the Site, and the Company assumes no obligation to do so. You acknowledge and agree, however, that the Company does retain the right to monitor the Site, and to disclose any information as may be necessary and/or appropriate to comply with, or satisfy, any law, ordinance, regulation or statute, or governmental request, to operate the Site properly, or to protect the Company or our users. The Company will not disclose any private electronic mail messages, unless required to do so by subpoena, Court Order, or as otherwise required by law. The Company hereby reserves the right to refuse to post or to delete or remove any information or materials, in whole or in part, that, in the Company's sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Site's Terms and Conditions, immediately and without notice.
You agree to defend, indemnify and hold the Company, its directors, officers, partners, employees, agents, Attorneys, parent companies, subsidiaries and affiliated entities, harmless from any and all claims, liabilities, costs, disbursements, expenses, losses or liability including, but not limited to, damages, of any kind or type, reasonable attorneys' fees, at trial and all appellate levels, arising in any way from your use of the Site, or your placement or transmission of any content, message, information, software or other materials through the Site, or if the Company incurs any costs or expenses or damages as a result of your violation of any of the Terms and Conditions of Use herein, or as a result of your infringement or violation of any other person's or entity's rights.
The company hereby reserves the right to restrict or terminate your access to this site, or any feature, or part thereof, at any time, with or without notice, in the company,s sole, absolute and unfettered discretion.
This Site may contain links to third-party sites. These links are provided for your convenience and are not under the control of the Company. Accordingly, the Company does not make any representations and warranties, express or implied, regarding the content of any such linked sites. Moreover, such links do not constitute or imply any endorsement, authorization, sponsorship or affiliation by the Company with respect to any third-party, any third-party's web site, the content of any third-party's web site, or any products or services provided by a third-party.
The Company controls and operates this Site from its offices located in the United States of America. The Company does not represent that the materials or content of the Site are appropriate or available for use in any other locations. Individuals who may choose to access this Site from other locations do so on their own initiative, at their own risk, and are responsible for compliance with all applicable local laws.
This Site's Terms and Conditions shall be governed by, and construed in
accordance with, the laws of Florida and, where applicable, the laws of the United States of America, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other Florida or the United States. By using this Site, you consent to the personal jurisdiction and venue of the courts of Miami-Dade County, Florida, U.S.A. for any action or proceeding arising under, stemming from, or relating to this Site's Terms of Use, the Company’s Privacy Policy, or any use (or misuse) of this Site.
If you have any questions or concerns about the Site, please contact the Company’s webmaster.