Ruckus Terms of Service

Welcome to the Ruckus website!  The Ruckus website is operated by Ruckus Network, Inc., the leading online digital entertainment and community network for college students!  These Terms of Use govern your use of the websites, content, software and services offered through the Ruckus websites.

1. ACCEPTANCE OF TERMS
YOUR AFFIRMATIVE ACT OF USING RUCKUSNETWORK.COM AND/OR RUCKUS.COM CONSTITUTES AN AGREEMENT TO THE TERMS OF SERVICE AND THE RUCKUS PRIVACY POLICY.  Ruckus may update this TOS by posting a new version to the Ruckus web site at www.RuckusNetwork.com and/or www.ruckus.com (the “Ruckus Websites”), and your continued use of the Ruckus Websites after any such update constitutes your binding acceptance of such changes. In addition, when using other Ruckus owned or operated services or products (“Ruckus Product”), you shall be subject to any additional terms applicable to such Ruckus Product.

2. USAGE RULES
Content is owned by Ruckus, its business partners, affiliates and/or licensors (“Content Owners”), as applicable, and is protected by U.S. and international law. You understand and acknowledge that in all circumstances that your rights with respect to any content you use or otherwise obtain or have access to through your use of any Ruckus Product will be limited by copyright law and by all usage rules contained in this TOS, many of which reflect obligations mandated by Content Owners (“Usage Rules”). You agree that the Content Owners are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights. You understand that the Ruckus Products may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Ruckus and/or the Content Owners. Ruckus reserves the right to modify the Usage Rules at any time, and your continued use of any Ruckus Website or Ruckus Product after any such modification constitutes your binding acceptance of such changes.

3. PRIVACY POLICY
Use of the Ruckus Websites and Ruckus Products and information about you that we have gather is also governed by the Ruckus privacy policy (“Privacy Policy”). This Privacy Policy can found by visiting www.RuckusNetwork.com.  Please read and understand our Privacy Policy before using any Ruckus Website or Ruckus Product.

4. MEMBER CONDUCT
The Ruckus Service is designed to be a fun, exciting, open, and safe place to visit, hang out and meet people. To ensure this experience, we require that all of our users abide by certain codes of conduct. It is your responsibility to know, understand and abide by the following Ruckus rules of conduct. These rules are not meant to be “exhaustive,” and Ruckus reserves the right to determine what conduct it considers to be outside the spirit Ruckus and to take such disciplinary measures as it sees fit. Ruckus reserves the right to add to or amend this list and its Usage Rules in general at any time, and you are responsible for checking these Terms of Use for any newly amended or posted rules each time you access the Ruckus Website or use a Ruckus product.
A. General Rules of Conduct. You agree that you will not, under any circumstances:
i. Misappropriate, upload, post, email, transmit, share or otherwise make available any content (a) to any person who is not also a bona fide, duly registered user of the Ruckus Service; (b) in violation of this TOS (including without limitation the personal information of any other person); or (c) that may infringe any copyright, patent, trademark, trade secret, or other proprietary rights of any party, including any rights held by Content Owners;

ii. Copy or distribute any content from a registered device to any non-registered record or playback device;

iii. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, violate, breach, bypass, or otherwise interfere with, or assist in the foregoing action or attempt, of any security components or digital rights management (“DRM”) protection encapsulating, encoding, accompanying, or applied in any way that protects the Content.

iv. Intercept, emulate or redirect the communication protocols used by Ruckus in any way, including without limitation, through protocol emulation, tunneling, packet sniffing, use of a network utility program or any other techniques now known or hereafter developed;

v. Reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes, any portion of the Service, (including your Ruckus account designation or other unique identifier or means of authentication provided to you by Ruckus), the use of the Service, or access to the Service;

vi. Create or maintain, under any circumstance, any unauthorized connections to the Service. All connections to the Service may only be made through methods and means expressly approved by Ruckus;

vii. Interfere with or disrupt the Service or servers or networks connected to the Service, or fail to observe any requirements, procedures, policies or regulations of networks connected to the Service;

viii. Upload, post, email, transmit, share or otherwise make available any content that is unlawful, harmful, disruptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and/or illegal;

ix. Impersonate any person or entity, including, but not limited to, a user of the Service, Ruckus employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, or use a name that incorporates offensive language or language that is otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically otherwise objectionable, or that violates any law or regulation;

x. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

xi. Upload, post, email, transmit, share or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

xii. Upload, post, email, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xiii. Use bots or other automated techniques to collect information or communicate or post any user’s personal information in or on the Service, or websites or forums related to Ruckus; or

xiv. Use or encourage use of software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any Ruckus Product, in whole or in part, or software, hardware, or telecommunications equipment related to the use of any Ruckus Product or the Ruckus network, generally, or to damage or obtain unauthorized access to any data or other information of any third party.
B. Additional Rules Related to Community and Interaction with Others.
Ruckus wants to know what’s going on in your corner of the globe. We look forward to seeing your photos, opinion, general rants and other contributions about you. But first, you must read and agree to the following.
You understand that all information submitted to Ruckus by you (“User Materials”) whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Ruckus, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Ruckus Service. You understand that by using the Ruckus Service, you may be exposed to User Materials that are offensive, indecent or objectionable. Under no circumstances will Ruckus be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Ruckus Service.

You acknowledge that Ruckus may or may not pre-screen User Materials, but that Ruckus and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or program, post and editorialize any User Materials that are submitted to or otherwise made available via the Ruckus Service. Without limiting the foregoing, Ruckus and its designees shall have the right to remove any User Materials that violates the TOS or is otherwise deemed objectionable by Ruckus in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials.

With respect to User Materials you submit or make available for inclusion on publicly accessible areas of the Ruckus Service, you grant Ruckus an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed. To be eligible to submit content, you must be a registered Ruckus member and also be eighteen or older (if you are under eighteen, your parent or guardian must agree to these Terms of Service on your behalf), and by submitting content to us you represent and warrant that you have the right, authority and capacity to do so. You agree that any personal or profile information you submit must describe you, an individual person and not some animal, place, fictional character, inanimate object or real person who is not you. For pictures, by your submission you represent and warrant you are not submitting a picture that is illegal in any way, and that picture is your original work and yours to submit and doesn’t violate the right of any third party, meaning you didn't steal it from another website, a print source such as a magazine, or from your sleeping roommate (whom you secretly despise). You understand and agree that Ruckus may review and delete any content, information, messages, photos, videos, or audio that in the sole judgment of Ruckus violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Ruckus users. Your submission also permits Ruckus to use your picture and any other information you submit as part of the Ruckus Website, so that other users that are part of the Ruckus Network can enjoy your contribution. And, you also agree to let us contact you via e-mail about the stuff you submit and related contests, promotions or for other reasons.
You further agree, for example, that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information that:
i. Is patently offensive to the Ruckus community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. Harasses or promotes harassment of another person, or threaten, stalk or publicly embarrass any person or entity;
iii. Displays pornographic or sexually explicit material of any kind;
iv. Provides material that exploits people under the age of eighteen in a sexual or violent manner, or solicits personal information from anyone under eighteen; or
v. Constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

5. INDEMNITY
You agree to indemnify, defend, and hold Ruckus and its subsidiaries, affiliates, officers, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Materials you submit, post, transmit or make available through the Ruckus Service, your use of the Ruckus Service, your connection to the Ruckus Service, your violation of the TOS, and/or your violation of any rights of another.

6. MODIFICATIONS TO SERVICE
Ruckus reserves the right at any time and in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the Ruckus Service (or any part thereof) with or without notice. You agree that Ruckus shall not be liable to you or any third party for any modification, suspension or discontinuance of the Ruckus Service.

7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Ruckus Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ruckus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Ruckus Service.

8. LINKS
The Ruckus Service may provide links to other World Wide Web sites or resources. Because Ruckus has no control over such sites and resources, you acknowledge and agree that Ruckus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ruckus 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 site or resource.

9. RUCKUS PROPRIETARY RIGHTS
All title, ownership rights and intellectual property right in and to Ruckus (including but not limited to any user accounts, titles, computer code, themes, objects, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, transcript of chat rooms, and member profile information) are owned by Ruckus or its licensors.

You acknowledge and agree that the Ruckus Service and Ruckus Client contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Ruckus, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Ruckus Service or the Ruckus Client, in whole or in part.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE RUCKUS WEBSITES IS AT YOUR SOLE RISK. THE RUCKUS WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RUCKUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUCKUS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.

B. RUCKUS MAKES NO WARRANTY THAT (i) THE RUCKUS WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE RUCKUS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RUCKUS WEBSITES WILL BE ACCURATE OR RELIABLE, AND/OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS.

C. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE RUCKUS WEBSITES IS USED AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RUCKUS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT RUCKUS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RUCKUS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE RUCKUS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RUCKUS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE RUCKUS SERVICE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RUCKUS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. NOTICE
Ruckus may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Ruckus Websites; provided, however, that this Section places no requirements on Ruckus not already expressly set forth herein.

13. MISCELLANEOUS
Entire Agreement. The TOS, Privacy Policy and End User License Agreement (if applicable) constitutes the entire agreement between you and Ruckus with respect to the Ruckus Websites, Software, Service or other Product and supersedes any prior agreements, oral or written, between you and Ruckus.

Choice of Law and Forum. The TOS and the relationship between you and Ruckus shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Fairfax County, Virginia.