The owner of the rabble.io website and application (or “App”) is RABBLEBLOCK, INC. (hereinafter, Rabble), EIN: 84-2662819, with offices at 875 Washington Ave, New York, NY 10011, USA.
Rabble is a web and mobile application that incentivizes users to participate in offline community events and activities by providing curated lists based on their consumption data analysis. Rabble is able to generate traffic and provide a multitude of spontaneous tips for people looking for meaningful experiences and for organizers of said meaningful experiences on web3.
Rabble's websites and domains, including www.rabble.io, and all web pages, subdomains, country variant domains and subparts of such websites (collectively, our "Website"), all the services available on or through the Website or otherwise provided by us (including our programming interfaces), and all of our free mobile applications, including but not limited to the Rabble app, are offered, maintained and provided by Rabble. We call them our “Services”.
Through these Services, Rabble provides a quick and easy way for registered users who may be event organizers, planners and charities (hereinafter, "Event Organizers") to register for an event, to create a speaker or organizer profile, fundraisers and other web pages related to their events, to promote those pages and events to visitors or browsers of the Services and to sell tickets and registrations ( or to offer free registrations) and sell products related to these events to users who wish to purchase, register or donate for or during these events (including free events) (referred to as "Customers") ).
We will collectively refer to Event Organizers, Customers and other visitors and browsers of the Services as “Users” or “you”.
The following policy sets forth the terms on which you may use the Services (referred to as the "Terms of Service"). If you use the Services in any way, you must comply with these Terms of Service. By agreeing to the Terms of Service and using the Services in any way, you accept these Terms of Service without modification and are entering into a contract with Rabble.
These Terms of Service and the rights and obligations contained in these Terms of Service are added to and incorporated by reference into the Terms of Service. Nothing in these Terms of Service shall be amended, waived, revised or terminated from the Terms of Service.
Rabble hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable (pursuant to Section 4 of the Terms of Service) and limited right to access and use the Services solely for the purposes (a) browsing and researching, viewing, registering or purchasing tickets or for the purpose of making donations for an event registered as Services; and/or (b) if you are an Organizer, to create an event registration service, fundraiser, speaker profile, organizer profile and other web pages relating to such Services, and to promote, administer, track and collect proceeds from the sales of an Event, in all cases (i) complying with these Terms of Service, the Agreement, the Privacy Policy and, in general, the Terms of Service; and (ii) as permitted by all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not and will not permit anyone else to, directly or indirectly (A), copy, modify, reproduce, translate, adapt, make or create derivative works of the Services, whether in whole or in part; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or the structure, sequence and organization of all or any part of the Services (this restriction shall not apply if the reverse -engineering is prohibited by local, state, law, rule or regulation, provincial, national or other applicable law); (C) rent, lease, resell, distribute, use the Services for part-time, service bureau, or other business purposes not contemplated by this Section or otherwise operate the Services authorized or involuntary; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that would interfere with or disrupt the Services. All rights not expressly granted in this section are reserved. other business purposes not provided for in this section or operate the Services in an unauthorized or unintentional manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that would interfere with or disrupt the Services. All rights not expressly granted in this section are reserved. other business purposes not provided for in this section or operate the Services in an unauthorized or unintentional manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that would interfere with or disrupt the Services. All rights not expressly granted in this section are reserved.
You can access and use the Services through our Apps, Website or any other Rabble platform (together, the “Apps”). For greater clarity, any access to or use of the Services through the Apps and the Apps themselves will be considered part of the Services and will therefore be subject to these Terms of Service and Terms of Service Provision. This right to access and use the Applications may be revoked in accordance with Section 4 of the Terms of Service and Rabble may discontinue or modify the Applications as set forth in Section 12 below.
Unless otherwise specified in the contract between Rabble and the Event Organizer (i.e. when Rabble pre-purchases stock for certain events), Rabble is not the organizer or owner of the events offered at sale or registration on the Services. Rabble provides the Services that allow Event Organizers to list and promote their events, but all sales are, by default and initially, made by the respective organizer listed on the relevant event page. Rabble also acts as the organizer's limited agent for the sole purpose of use its third-party payment providers to collect payments made by Customers for Services in connection with an event and to pass such payments to the relevant organizer. Organizer is solely responsible for ensuring that any event page posted relating to the Services and the nature and conduct of the event in question complies with all local, state, provincial, national laws, rules and regulations. and other applicable laws, and that the goods and services described in all published event pages are indeed provided in a satisfactory manner.
All donations made by Customers to Organizer events will be made through Stripe as the custodial account. Organizers have control over said accounts via web3. Rabble may use third-party payment management partners to process the transaction as Organizer's limited payment agent.
Creating an account or event through the 0% commission link and accessing the Services is free. We only charge fees when you sell or buy tickets or register through any of the Rabble platforms. The standard fees described in and relating to the Services represent the standard fees that Rabble charges organizers. These fees may vary depending on individual agreements between Rabble and certain organizers. Such fees will be included in the price of the ticket or registration and, at Rabble's sole discretion, either a) paid by the Organizer out of the gross proceeds of the ticket and registration, or b) deducted by Rabble from the amount owed by Rabble to the organizer. The fees charged to Customers may include other fees, including, without limitation, setup fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the implied fees paid by Customers for an event are not necessarily the same as those charged by Rabble to the relevant organizer or the standard fees described in the contract. In addition, certain fees are intended, on average, to cover certain costs incurred by Rabble, but may in some cases include an element of profit or loss. Rabble will not control (and therefore cannot disclose) charges levied by your bank and/or credit card company, including charges for purchasing tickets and registrations in foreign currencies or from foreign persons.
The various exchange and refund policies set by our Event Organizers prohibit Rabble, by default, from making exchanges or refunds after a reservation has been made.
If a Customer requests a refund or exchange, this request will be processed by Rabble. Rabble will therefore ask all Customers to contact Rabble's customer service for any refund request.
Rabble tickets are non-refundable. In the event of an event being postponed, a change in location or any other significant change to the event (or, in the case of a music festival, programming), or if the event is canceled for not attributable to Rabble, customers will be required to contact Rabble no later than the Monday following the event to request a voucher for the same ticket at a later date or payment of the equivalent amount to spend in other plans in the App .
Rabble may make available to you features and tools that allow you to contact other users of the Services or third parties via Email/SMS (the "Messaging Tools"). In the event that you use these messaging tools, you represent, warrant and agree that:
(a) you have all necessary rights and permissions to send Email/SMSs to the addresses on your recipient list, including, without limitation, if such addresses have been voluntarily collected in any jurisdiction where they are required by local, state, provincial, national or other applicable laws, rules or regulations, and that sending such Email/SMS addresses is in accordance with the Privacy Policy under which Email/SMS recipients were collected that were disclosed to the recipients at the time of collection;
(b) you will use the Email/SMS Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and Email/SMS;
(c) you will use Messaging Tools only to manage in good faith an event that you have listed in the Services;
(d) your use of the Email/SMS Tools and the content of your Email/SMSs will comply with Section 8.1 of these Terms of Service;
(e) you will not use false or misleading headers or misleading subject lines in Email/SMSs sent using the Email/SMS Tools;
(f) you will identify your electronic message as being of a commercial nature;
(g) you will not hide, disable, remove or attempt to hide, disable or remove the unsubscribe link that Rabble includes in each Email/SMS; And
If you violate any of the foregoing, if your use of the Email/SMS Tools results in bounce rates, complaint rates or unsubscribe requests that exceed industry standards, or if your Email/SMSs are found to disrupt services, Rabble may, among other things, limit or suspend your access to the Messaging Tools or ultimately cancel your account.
As part of certain registration processes for the Services, you may create an account or change or add information to your account. You agree (a) to provide true, accurate, current and complete information about yourself (referred to as "Registration Data"); and (b) maintain and promptly update such Registration Data to keep it true, accurate, current and complete. In the event of a dispute between two or more parties regarding account ownership, you agree that Rabble shall be the sole arbiter of such dispute at its discretion and that Rabble's decision (which may include termination or suspension of any account making the disputed) is final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activity under your account. You agree to immediately notify Rabble of any unauthorized use of your password or account or any other breach of security.
Rabble cares about children's safety and privacy. For this reason, and to ensure your compliance with the Terms and Conditions of any third party service provider used by Rabble, you must be at least eighteen (18) years old, or the legal age of majority of your place of residence, to use the Services. Otherwise, you may only use the Services with the involvement of a parent or guardian. In any case, you will not be able to use the Services or register if you are under the age of thirteen (13).
You agree that all material, including but not limited to information, data, text, editorial content, design elements, presentation, layout, graphics, images, photos , videos, music, sounds and other content (collectively the "Content"), contained in or provided through the Services or otherwise made available by Rabble as part of the Services (collectively the "Content"). website") is protected by trademark, service mark, trade secret or other proprietary rights and laws. Rabble may own the Website Content or portions of the Website Content may be made available to Rabble through agreements with third parties. I' together all Website Content included or made available through the Services is the exclusive property of Rabble and is protected by copyright laws. Except as expressly authorized in writing by Rabble or as part of the authorized use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform publicly post, adapt, modify, or create derivative works of any Website Content, or post any Website Content on any other website or in a computer network for any purpose.
You shall use Website Content only for purposes permitted by these Terms of Service and in accordance with any applicable local, state, provincial, national or other laws, rules or regulations. All rights not expressly granted in these Terms are reserved.
You acknowledge and agree that if you contribute, provide or disclose any Content relating to the Services (“Your Content”), you hereby grant to Rabble the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license or right , sublicensable (through multiple third parties) to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on Your Content, in whole or in part, in any medium, for the operation of the Services (including Rabble's promotional and marketing services). Notwithstanding the foregoing, Rabble will not claim and you will not transfer to Rabble any right of ownership of any of Your Content and nothing in these Terms of Service shall limit any rights You may have to use and exploit Your Content outside of these Services. You represent and warrant that You have all necessary rights, powers and authority to grant the license above, and that all of Your Content does not (a) infringe, violate, misappropriate or does not conflict with the rights of any third party; (b) comply with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Service and the Privacy Policy. Moreover, Your content must be accurate and faithful. Rabble reserves the right to remove Your content from the Services at any time if it believes, in its discretion, that it violates the Terms of Service, including without limitation these Terms of Service. . Further, you agree that Rabble may use your name and logo (whether or not you have made them available through the Services) for the purpose of identifying you as an existing or past customer of Rabble both in the Services and in marketing, advertising and promotional materials. these Terms of Use. Further, you agree that Rabble may use your name and logo (whether or not you have made them available through the Services) for the purpose of identifying you as an existing or past customer of Rabble both in the Services and in marketing, advertising and promotional materials. these Terms of Use. Further, you agree that Rabble may use your name and logo (whether or not you have made them available through the Services) for the purpose of identifying you as an existing or past customer of Rabble both in the Services and in marketing, advertising and promotional materials.
You hereby acknowledge that (a) all suggestions for correction, change and modification of the Services and other comments (including but not limited to quotations from written or oral comments), information and reports that you have provided to Rabble (collectively referred to as "Feedback"); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Rabble or otherwise relating to the Comments (collectively, "Revisions"), are and shall remain the property of Rabble. All Comments and Revisions shall become the sole and exclusive property of Rabble and Rabble may use and disclose the Comments and/or Revisions in any manner and for any purpose without notice or compensation to you and without preservation of your rights, rights ownership or claims. You hereby assign to Rabble all right, title and interest (including but not limited to any patent, copyright, future copyright, trade secret, trademark, transfer of knowledge, know-how and any other intellectual property rights) you may have in or to all Comments and Reviews. You hereby agree to waive any moral rights you may have in all Comments and Reviews, and consent to any act that would imply a violation of such moral right, in favor of Rabble. At Rabble's request, you will sign any document, record or declaration necessary to implement these provisions.
All Website interactions must comply with Rabble's Terms of Service. To the extent that your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any portion of the Website, we may limit your privileges on the Website and seek other remedies. The following activities performed by any user of the Website will be prohibited on the Website and will constitute express breaches of these Terms of Service and Terms of Service:
A. By submitting content to the Website that: (i) contains personal information about users, such as their Email/SMS address and name (“Personal Information”), except where we have expressly asked you to provide such information ; (ii) violate any applicable national or international law (including but not limited to intellectual property laws, laws relating to the right of privacy and the right of publicity and laws relating to defamation); (iii) offers unauthorized downloads of any confidential or proprietary or copyrighted information; (iv) impersonate any person or entity, falsify or misrepresent yourself or your affiliation to any person or entity; (v) would pose or create a risk to the privacy or security of any person; (vi) uses offensive language or images; (vii) contains software viruses or malware or other computer code designed to interrupt or limit the functionality of any computer software or hardware; or (viii) would be protected by copyright, trademark or other proprietary right without the express permission of the owner of such rights.
B. By attempting or actually doing any of the following: interfere with, disrupt or damage the service provided to any user in any way, including, without limitation, submitting a virus to the Website or attempt to overload, "flood", "spamm", "Email/SMS trap" or "crash" the Website; (ii) analyze or monitor the Website for data collection purposes to track sales, usage, aggregate offer information, price information, or similar data; (iii) analyze or test the security or configuration of the Website or breach any security or authentication measures; or (iv) access data not intended for you, such as logging into a server or account to which you do not
C. Using any of the following: (i) frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission; (ii) any content on the Website, including without limitation "Customer Information" (defined below in Section 14.2 of these Terms of Service), in any meta tags or other technical or "hidden text" technology without our express written permission; iii) the Website or any of its resources to solicit Clients, activity providers or other third parties to become users or partners of other directly or indirectly competing or potentially competing online or offline services of Rabble, including, without limitation, their aggregation with current or previously proposed activities; or (iv) the Website or any of its content to advertise or solicit any content for any commercial, political or religious purpose.
D. By collecting any of the following: (i) personal information, “Customer Information” (as defined in Section 14.2. of these Terms of Service); or (ii) the content of the Website, including but not limited to information relating to current or previously offered activities; for the purpose of presenting such content to Clients in any manner that would divert traffic from the Website without our express written permission.
E. By participating in any of the following actions: i) altering or disrupting the proper working of any part, page or area of the Website or any function or service provided by Rabble; (ii) violate the restrictions in the Website's robot exclusion files or bypass or circumvent other measures employed to prevent or limit access to the Website; (iii) resell or reuse your access to the Website or any purchase made through the Website; (iv) use a Rabble Account for resale, speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Service; (v) take any action which would be unduly burdensome to our services or impose, or may impose, an unreasonable or disproportionately large load on our servers or other part of our infrastructure (as determined in our sole discretion); (vi) access, monitor or copy any content of the Website using any "robot", "spider", "crawler" or other automated means or any manual process for any purpose without our written permission express; (vii) combine any current or previously proposed activity or other content or information from the Website (whether by use of links, other technical means or physical records associated with purchases made through the Website) with material from other websites and posting it on our Website or a secondary website without our express written permission; (viii) deep link to any part of the Website (including without limitation the purchase path of any ticket) without our express written permission; (ix) create a hyperlink to the Website from any other website without our written consent; or (x) act unlawfully or maliciously against the business interests or reputation of Rabble and/or its subsidiaries or affiliates, including, without limitation, Rabble Labs. Inc., our activity providers or our services.
8.2 Certain recourse rights
You acknowledge and agree that Rabble may retain Your Content and Account Information and may also disclose Your Content and Account Information if required to do so by law or to respond to potential requests by public authorities and courts to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including but not limited to these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Rabble, its users and/or the public, including fraud prevention. You understand that the management and technical transmission of the Services,
Rabble may, upon request, and for such fees as Rabble may establish from time to time in its sole discretion, provide you with additional services beyond the basic functionality of the Site and Applications, including but not limited to, marketing and promotion services, rental of ticket readers and other equipment, providing on-site admission managers to help organize your event and dedicated account management services. All such additional services, whether provided before, during or after your event, will be considered part of the Services and subject to all terms and conditions of the Terms of Service, including without limitation these Terms. general usage.
Rabble will, from time to time, award vouchers (“Coupons”) to its customers for redemption through one of the Rabble Platforms at the time of purchase of a paid event. The use and redemption of these Coupons will be subject to the specific conditions defined by Rabble and added to the information on the Coupons available to the Customer. Rabble reserves the right to define, at its sole discretion, a different policy or set of conditions for each Coupon granted.
Coupons belong to Rabble and are offered at its own discretion. Users agree that Coupons may be subject to change, whether redeemed or not, in cases where Rabble deems it necessary.
Each Coupon will only be valid and redeemable in the same city where it was originally given. Attempting to change the city selected in the app for the sole purpose of obtaining the Coupons offered in different cities constitutes misuse of the Rabble Apps and platforms and may automatically result in the cancellation of all or part of part of the user's Coupons, or ultimately, account cancellation. Each Coupon has its own expiry date and its own conditions which will be indicated in the said Coupon and which will be made available to the Customer. Plans purchased with invalid coupons will be automatically cancelled.
The Services may provide, or Users (in particular, Event Organizers) may provide links to other websites or Internet resources. Because Rabble has no control over such websites and resources, you acknowledge and agree that Rabble shall not be responsible for the availability of such websites or resources, nor shall it endorse or be responsible for any content, advertising, products, services, or other materials on or available from such websites or resources, or for any damages or losses related thereto, even if such websites or resources are linked to Rabble partners or service providers. third-party services. All personal data processed by these third-party websites comply with their own privacy policies which you will need to read carefully and accept, if applicable. No personal data will be transferred from Rabble to these third-party websites, except as set out in thePrivacy Policy.
As part of the Services, you will have the option of linking an account you have to a third-party service, such as a social network (eg Facebook or Google). By linking to such third-party account, you agree that Rabble may access, make available and store any content you have provided and stored in such third-party account so that it is available on or through the Services.
The Website and its content are provided on an "as is" and "as available" basis. Rabble disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
Rabble does not warrant that the Website will be error free, provide uninterrupted access, or provide specific results from use of the Website or with respect to any content, research or links on it.
Rabble cannot guarantee that any files you download from the Website will be free of viruses or contain contaminating or destructive characteristics.
Rabble shall not be liable for any damages of any kind arising from the use of this Website, including, without limitation, direct, indirect, incidental, punitive and consequential damages. Rabble does not guarantee any specific results from using this Website or using the Rabble service.
Whilst we endeavor to ensure that the Website remains operational at all times, in the event of service interruptions due to essential maintenance, system upgrades, internet service interruptions or any other factor beyond our control, Rabble shall not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, or for loss of profits, revenue, or business opportunity, even if Rabble has been advised of the possibility of such damage. In no event shall Rabble be liable for any indirect or consequential loss or loss (whether incurred directly or indirectly) of profit, business, revenue, date, goodwill or reputation. Rabble accepts no responsibility for the acts, omissions and conduct of any third party users, Rabble users, advertisers and/or sponsors on the Website, in connection with the Services or otherwise relating to your use of the Website and/or the Services. Rabble shall not be liable for the products, services, actions or inactions of any venue, performer, promoter or other third party in connection with or referencing the Website. Notwithstanding the foregoing, nothing in the Terms of Service, in general, and in the Terms of Service, in particular, shall limit or waive any liability that Rabble may have for (i) death or personal injury resulting from Rabble's negligence; (ii) fraudulent misrepresentation; or (iii) any liability which may be excluded or limited by law.
Rabble, its Website and design are trademarks of Rabbleblock, Inc. All rights reserved.
Rabble attaches great importance to the privacy of its users. For more information on the protection of personal data, please refer to Rabble's Privacy Policy available here
The Privacy Policy is incorporated into the Terms of Service by reference. You must read and accept the Privacy Policy.
All Customer Information entered by a Customer on event pages posted by an Organizer in the Services will be shared with the relevant Organizer and may also be used by Rabble in accordance with our Privacy Policy, including marketing or promotional materials from other events or Services which may be of interest to the Client concerned. Please note that payment data (as defined in the Privacy Policy) will not be shared with Organisers. Each Organizer represents, warrants and agrees to (a) comply at all times with all applicable local, state, provincial, national and other laws, rules and regulations relating to Customer Information; (b) comply at all times with all applicable policies posted on the Services with respect to Customer Information; and (c) at the request of a given Customer or as permitted by Section 8.2 of these Terms of Service, Rabble is permitted, at its discretion, to delete or anonymize Customer Information of a Customer who requests Services, in which case they would no longer be available to the Organizer via the Services or would no longer be linked to an identifiable Customer via the Services. For purposes of this Section, “Customer Information” means information about a particular customer made available on or through the Services, including, without limitation, name, address, Email/SMS address, participation in past events, interests,
CONDITIONS OF PROVISION OF SERVICES
2.1 Conditions of the service contract
5. Special conditions for international use
6. Important Legal Terms Governing Any Use of the Services
6.11 Waiver; Invalid provisions
Rabble.io Website and application (or “App”) is Rabble LABS, INC. (hereafter, Rabble), TIN: 99-0368536, registered at 2140 S Dupont Highway, Camden, Delaware 19934, USA.
Rabble is a web and mobile application that incentivizes users to consume offline entertainment by providing curated events based on their proprietary data analysis of Customers data. Rabble is able to generate traffic and provide a multitude of spontaneous tips for event planners.
Rabble's websites and domains, including www.Rabble.io, and all web pages, subdomains, country variant domains and subparts of such websites (collectively, our "Website"), all the services available on or through the Website or otherwise provided by us (including our programming interfaces), and all of our free mobile applications, including but not limited to the Rabble app, are offered, maintained and provided by Rabble. We call them all our “Services”.
Through these Services, Rabble provides a quick and easy way for registered users who may be event organizers, planners and charities (hereinafter, "[Event] Organizers") to register for a event, to create a speaker or organizer profile, fundraisers and other web pages related to their events, to promote these pages and events to visitors or browsers of the Services and to sell tickets and registrations (or to offer free registrations) and sell products related to these events to users who wish to purchase, register or donate for or during these events (including free events) (referred to as the " Clients ").We will collectively refer to Event Organizers, Customers and other visitors and browsers of the Services as “Users” or “you”.
The Services are provided to you by, and you are entering into these Terms of Service with, Rabble Labs, Inc., a Delaware corporation headquartered in New York (379 West Broadway, 10012 New York, USA ), referred to as “Rabble”, “We”, “us” or “our”.
The following pages present the Terms of Service Agreement (referred to as the “Terms of Service Provision”). These Terms of Service govern all of our Services, all of which are offered conditioned upon your acceptance without modification of these Terms of Service. In addition to the sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:
You agree to these Terms of Service and enter into a binding contract with Rabble when you register to create an account by clicking "Register", "Register Now", "Get Started", "Create Your Event" or a similar button, or if you are an unregistered customer, when you purchase a ticket or register for an event (including free events) or purchase products, service or donate for an event, by clicking " Pay Now,” “Register Now,” “Buy Now,” “Buy Now,” “Join,” or similar button, or in accordance with Section 3.2 below. In the event that you have not expressly accepted the Privacy Policy, while being a registered user, Rabble will only process the personal data necessary for the provision of the Services. If you do not agree to any section of these Terms of Service, do not use or access the Services. If you are using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and represent that you have the authority to do so. In this case, the pronouns "you" and "your" will refer to this entity. If you do not have such authority, or if you do not agree to any section of these Terms of Service, do not use or access the Services. agree to no section of these Terms of Service, do not use or access the Services. If you are using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and represent that you have the authority to do so. In this case, the pronouns "you" and "your" will refer to this entity. If you do not have such authority, or if you do not agree to any section of these Terms of Service, do not use or access the Services. agree to no section of these Terms of Service, do not use or access the Services. If you are using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and represent that you have the authority to do so. In this case, the pronouns "you" and "your" will refer to this entity. If you do not have such authority, or if you do not agree to any section of these Terms of Service, do not use or access the Services. you agree to these Terms of Service on behalf of such entity and its affiliates and represent that you have the authority to do so. In this case, the pronouns "you" and "your" will refer to this entity. If you do not have such authority, or if you do not agree to any section of these Terms of Service, do not use or access the Services. you agree to these Terms of Service on behalf of such entity and its affiliates and represent that you have the authority to do so. In this case, the pronouns "you" and "your" will refer to this entity. If you do not have such authority, or if you do not agree to any section of these Terms of Service, do not use or access the Services.
THESE TERMS OF SERVICE INCLUDE (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED STATES; (B) A WAIVER OF PARTICIPATING IN CLASS ACTIONS AGAINST Rabble FOR USERS LOCATED IN THE UNITED STATES; (C) CERTAIN WARRANTY EXCLUSIONS ON BEHALF OF Rabble; (D) CERTAIN LIMITATIONS OF LIABILITY IN FAVOR OF Rabble; AND (E) A WAIVER BY YOU OF ANY CLAIMS FOR DAMAGES AGAINST Rabble ARISING FROM DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ONE OF THE SERVICES, YOU AGREE TO THESE TERMS.
Except as expressly provided in Section 6.10(i) below, Rabble reserves the right, at its sole discretion, to modify or replace any or all of these Terms of Service (or any of the provisions included in these Terms of Service) at any time (collectively, the "Modifications"). Modifications to these Terms of Service will be posted on the Rabble Website and indicated with a change to the “Updated” date at the top of these Terms of Service. In some cases, Rabble may also notify you of such Modifications by Email/SMS or service notices. The Modifications will become effective before any date established by law or within thirty (30) days following the date of the "Update" or such other date as will be communicated to you in any other notification, except for changes concerning new features of the Services or which would not impose any additional burden or obligation on you and which would be effective immediately. Rabble will keep you informed at all times of any changes that may affect the use or processing of your personal data. Your continued use of the Services after any Modifications to these Terms of Service become effective also constitutes acceptance of such Modifications. If you cannot accept certain Modifications to these Terms of Service, you must stop accessing, browsing and using the Services. Except as set forth in this section, these Terms of Service may only be modified by a written ticketing services agreement or written addendum signed by you and a authorized official of Rabble.
We may translate these Terms of Service (or any of the provisions that make up these Terms of Service) into other languages for your convenience. The English version of each of these documents is the version that will govern your use of the Services and in the event of any conflict between the English version and a translated version, the English version shall control.
These Terms of Service will be effective upon your acceptance as set forth in Section 3.1 above and will remain in effect until terminated.
Except in the case of a separate written endorsement or ticketing services agreement previously entered into between you and an authorized agent of Rabble, Rabble may terminate your right to use the Services at any time for (a) your violation or non-compliance with these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate local, state, provincial, national, and other applicable laws, rules and regulations or would subject Rabble to civil liability. We will use all reasonable efforts to notify you of such termination. Further, you agree that Rabble shall not be liable to you or any third party for such termination of your right to use or
Closing your account will cause Rabble to delete all of your personal data.
Except in the case of a separate written amendment or ticketing services agreement already entered into between you and an authorized agent of Rabble, you may terminate your access to the Services and these Terms of Service by deleting your account. Customers may cancel their account by contacting a Rabble office by phone or Email/SMS using one of the addresses or numbers listed in Section 6.7. Event Organisers, with the exception of those who have entered into a separate ticketing services contract or a partnership agreement (in which the clauses specified therein will apply), may also terminate their account by contacting to any of the contacts defined in these Terms of Service.
In the event that there is a separate agreement between you and Rabble governing your use of the Services and that agreement terminates or expires, these Terms of Service (as not modified by such agreement) shall govern your use of the Services until that you terminate your Account.
All provisions of these Terms of Service which by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations of liability, disclaimers, indemnification obligations, warranty disclaimers, arbitration agreements, choice of law and forum, and intellectual property protections and licenses).
The Services are subject to United States export controls and economic sanctions. By agreeing to these Terms of Service, you represent and warrant that: (a) you are not a national or resident of countries that are subject to an embargo of goods and/or services of the same type as the Services offered (referred to as "Countries subject to restrictions”) from countries such as the United States, United Kingdom, European Union countries, Australia or Canada, including but not limited to Cuba, Iran, Korea from the North, Sudan or Syria; and (b) you are not a person or entity, nor owned by, neither under the control of nor affiliated with any person or entity (i) that appears on the US Office of Foreign Assets Control's list of Specially Designated Nationals or the Palestinian Legislative Council's list; (ii) is on the United States Department of State's Terrorist Exclusion List; (iii) who appears on the Bureau of Industry and Security's List of Persons, Entities, or Unverified; (iv) that appears on the Consolidated Target List published by Her Majesty's Treasury; (v) which appears on the consolidated list published by the Australian Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons,
the Terms of Service, the Agreement and any other part of these Terms of Service; (b) your improper use of the Services; (c) your violation of any local, state, provincial, national or other applicable law, rule or regulation or the rights of a third party; or (d) in the case of Event Organisers, your events or the fact that Rabble provides Services related to such events, provided that in case (d), this indemnification shall not apply as the Claim is due to the gross negligence or willful misconduct of Rabble. Rabble will notify you of any such claim and Rabble's failure or delay in issuing such notice shall not limit your obligations hereunder,
Rabble PROVIDES ITS SERVICES USING A REASONABLE LEVEL OF SKILL AND CARE WHILE ATTEMPTING TO MAINTAIN A PROPER, ERROR-FREE AND SECURE OPERATION. BUT WE CANNOT ALWAYS GUARANTEE OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Rabble EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, Rabble DOES NOT WARRANT THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS OF THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT Rabble HAS NO CONTROL AND DOES NOT WARRANT THE QUALITY, SAFETY OR LEGALITY OF THE EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS (INCLUDING CUSTOMERS, OTHER NON-ORGANIZERS AND ORGANIZERS) THE CONTENT, LISTS OR QUALIFICATIONS OF ANY USER (INCLUDING CUSTOMERS AND ORGANIZERS) TO MAKE OR COMPLETE A TRANSACTION AND THAT Rabble IS NOT AFFILIATED WITH, AND HAS NO EMPLOYMENT OR AGENCY RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND THAT Rabble SHALL NOT BE LIABLE AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIABILITY AND OTHER STATUTORY LIMITATIONS IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITIONS, WARRANTIES, RIGHTS OR LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIABILITY AND OTHER STATUTORY LIMITATIONS IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITIONS, WARRANTIES, RIGHTS OR LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIABILITY AND OTHER STATUTORY LIMITATIONS IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSSES OR DAMAGES CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIABILITY AND OTHER STATUTORY LIMITATIONS IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSSES OR DAMAGES CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIABILITY AND OTHER STATUTORY LIMITATIONS IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rabble HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY CONTENT OWNED BY YOU (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND Rabble'S REASONABLE CONTROL. FURTHER, OUTSIDE OF Rabble'S OBLIGATION TO PAY ENTRY FEES TO CERTAIN ORGANIZERS UNDER THE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF Rabble, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY CARD SYSTEMS APPLICABLE FOR ALL DAMAGES, LOSSES AND EXPENSES UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACTUAL OR OTHERWISE, WITH REGARD TO, ARISING FROM OR RELATED TO THE SERVICES, OR ANY OTHER SUBJECT OF THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO THE TERMS AND CONDITIONS OF USE, THE AGREEMENT AND ANY OTHER PORTION OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO (I) FOR ORGANIZERS OF EVENTS WITH PAID TICKETS OR REGISTRATION, AND SUBJECT TO THE TERMS OF THE AGREEMENT, THE COMMISSIONS (NET OF Rabble'S PAYMENT PROCESSING FEES) CHARGED TO YOU BY Rabble DURING THE THREE (3) PERIOD MONTHS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; AND (II) FOR ORGANIZERS OF EVENTS WITH FREE TICKETS ONLY, ORGANIZERS OF EVENTS OBTAINED BY A 0% COMMISSION LINK, CUSTOMERS AND OTHER USERS, EITHER (1) THE TOTAL AMOUNT OF ALL TICKETS OR REGISTRATIONS YOU PURCHASED OR OBTAINED THROUGH THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; OR (2) IF YOU DID NOT MAKE SUCH PURCHASES, ONE HUNDRED UNITED STATES DOLLARS (US$100).
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIABILITY AND OTHER STATUTORY LIMITATIONS IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Rabble provides a marketplace in which Customers and Event Organizers can transact. However, Rabble could not function if it were held responsible for the actions or inactions of the various Clients, Organizers and/or third parties whether inside or outside the Services. Accordingly, in order to induce Rabble to allow you to access and use the Services, you hereby agree to release Rabble, and its affiliates and subsidiaries, and each of its respective directors, agents, partners and employees from all damages (direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of whatever nature, known and unknown, arising from or related in any way to disputes between you and third parties (including other users) in connection with the Services or any event listed in the Services. In addition, you waive any applicable law or statute explaining in substance that: “BLANK RELEASE DOES NOT EXTEND TO CLAIMS OF WHICH THE CREDITOR IS NOT AWARE OF OR DOES NOT SUSPECT FAVORABLE EXISTS AT THE TIME OF EXEMPTION, AND WHICH, IF BROUGHT TO HIS KNOWLEDGE, WOULD HAVE MATERIAL CONSEQUENCES ON HIS FINAL SETTLEMENT WITH THE DEBTOR. » DOES NOT EXTEND TO CLAIMS OF WHICH THE CREDITOR HAS NOT KNOWLEDGE OR WHICH HE DOES NOT SUSPECT FAVORABLE EXISTENCE AT THE TIME OF THE EXEMPTION, AND WHICH, IF BROUGHT TO HIS KNOWLEDGE, WOULD HAVE HAD MATERIAL CONSEQUENCES ON HIS FINAL SETTLEMENT WITH THE DEBTOR. » DOES NOT EXTEND TO CLAIMS OF WHICH THE CREDITOR HAS NOT KNOWLEDGE OR WHICH HE DOES NOT SUSPECT FAVORABLE EXISTENCE AT THE TIME OF THE EXEMPTION, AND WHICH, IF BROUGHT TO HIS KNOWLEDGE, WOULD HAVE HAD MATERIAL CONSEQUENCES ON HIS FINAL SETTLEMENT WITH THE DEBTOR. »
The trademarks, service marks and logos of Rabble (referred to as the “Rabble Marks”) used and displayed in connection with the Services designate registered and unregistered trademarks or service marks of Rabble. Other company, product and service names used in connection with the Services may be trademarks or service marks of third parties (referred to as the "Third Party Trademarks" and, collectively with the Rabble Trademarks, the “Trademarks”). The offering of Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed in connection with the Services without Rabble's prior written consent specific to each use. The Marks must not be used to disparage Rabble, any third party or any products or Services of Rabble or such third parties, or in any way that could harm the customers of the Marks. The use of any Marks as part of a link to or from a site is prohibited unless Rabble approves the establishment of such link by prior written consent specific to each such link. Any goodwill obtained through the use of any Rabble trademark will be for the benefit of Rabble. establishment of such a link by prior written consent specific to each of these links. Any goodwill obtained through the use of any Rabble trademark will be for the benefit of Rabble. establishment of such a link by prior written consent specific to each of these links. Any goodwill obtained through the use of any Rabble trademark will be for the benefit of Rabble.
A number of issued patents and pending patents apply to the Services. The Content (as defined in the Terms of Service) of the Services is also copyrighted by Rabble and/or third parties. Please note that if you copy portions of the Services, you violate these patent rights and copyrights.
Notices may be sent to you by Email/SMS or by regular mail to the address on file with Rabble. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices that are generally directed to you on the Services. If you wish to contact Rabble or send a notification, you can do so as follows:
A) By mail:
- UNITED STATES :
Rabbleblock, Inc.
875 Washington Ave
New York, NY 10011 USA
terms@rabble.io
Please note that any notification relating to personal data matters shall be handled in accordance with the terms set out in the Privacy Policy.
These Terms of Service, including the Terms of Service, Agreement, Privacy Policy, and any other part of these Terms of Service, constitute the entire agreement between you and Rabble and govern your use of the Services, superseding any prior or contemporaneous agreement, proposal, discussion or communication between you and Rabble on the subject matter hereof, except for any written agreement for ticketing services, Rabble equipment rental agreement or endorsement between you and an authorized agent of Rabble regarding a specific event or events.
Except as otherwise set forth in Section 6.10 below, these Terms of Service and the provision of the Services provided shall be governed by the laws of Delaware, US, without regard to principles relating to conflicts of laws.
ONLY FOR USERS LOCATED IN THE UNITED STATES:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE OR RELATED TO THE SERVICES SHALL BE SETTLED BY BINDING ARBITRATION OR SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM ALLOWS THERE) AND SHALL BE SETTLED ONLY ON AN INDIVIDUAL BASIS; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS WILL NOT BE PERMITTED ONCE THIS SECTION IS IN EFFECT
(a) Contact us first
If you have any question or doubt regarding the Services, please contact us first. Our customer service will try to answer your question or solve your problem.
(b) Arbitration Agreement
In the unlikely event that our customer service is unable to resolve your concerns, we hereby agree to resolve any disputes or claims under these Terms of Service or in respect of the Services through binding arbitration or small claims court (to the extent the claim qualifies there) rather than in the common law courts and only on an individual basis and not in a class, consolidated proceeding or representative. Arbitration, which is often cheaper, faster and less formal than a trial, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages as a court. I' Binding arbitration is subject to very limited review. Solely the arbitrator appointed pursuant to this Section, and not through any federal, state, or local court or agency, shall have authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope , applicability and arbitrability of these Terms of Service. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above. arbitrator appointed pursuant to this Section, and not through any federal, state, or local court or agency, shall have authority to resolve any dispute or claim relating to this Section, including, without limitation, scope, applicability and arbitrability of these Terms of Service. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above. arbitrator appointed pursuant to this Section, and not through any federal, state, or local court or agency, shall have authority to resolve any dispute or claim relating to this Section, including, without limitation, scope, applicability and arbitrability of these Terms of Service. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above. shall have the authority to resolve any dispute or claim relating to this section, including, without limitation, the scope, applicability and arbitrability of these Terms of Service. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above. shall have the authority to resolve any dispute or claim relating to this section, including, without limitation, the scope, applicability and arbitrability of these Terms of Service. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above. This arbitration provision shall survive the termination of these Terms of Service. These Terms of Service constitute a state-to-state commercial transaction and the interpretation and enforcement of this Section 6.10 shall be governed by federal arbitration law, notwithstanding the choice of law set forth in Section 6.9. above.
(c) Scope of the contract
This arbitration agreement is intended to be interpreted broadly. This includes, without limitation: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this Agreement or any prior Agreement (including but not limited to advertising claims); and (iii) any claims that may arise after the termination of these Terms of Service and/or your use of the Services.
(d) Exceptions
Notwithstanding this agreement to arbitrate, either party may (i) bring an individual action in small claims court (to the extent the claim qualifies there), (ii) sue federal agencies , state, or local authorities that may be able to seek relief on a party's behalf, and (iii) bring legal action seeking a preliminary injunction or other interim relief pending the outcome of arbitration. In addition, the portion of any dispute or complaint relating to our participation in the Safe Harbor Frameworks between the US and the EU or the US and Switzerland is subject to the provisions of the Resolution section. disputes of our Privacy Policy before
(e) No Class Actions.
YOU AND Rabble AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER OF ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIM, SHALL NOT PRESIDER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND SHALL ONLY ASSIST THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF JUSTIFIED OF THIS PARTY'S INDIVIDUAL CLAIM.
(f) Dispute Notification
A party that intends to seek arbitration must first send the other a written notice of dispute (referred to as a “Notice”). Notification to Rabble shall be addressed to the address set forth in Section 6.7 above (“Notification Address”) and shall be sent by certified mail. Notification to you should be addressed to a postal address, your home or a payment address currently on file with Rabble and should be sent by certified mail. If Rabble does not have a physical address, this Notification may be sent to the Email/SMS address of your Rabble account. The Notice shall (i) describe the nature and basis of the claim or dispute; and (ii) present the specific relief requested.
(g) Arbitration Procedure.
The arbitration will be governed by the commercial arbitration rules or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than commercial use), the consumer arbitration rules ( in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 6.10, will be enforced by the AAA and determined by a single arbitrator. The AAA rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. The arbitrator shall decide all issues, including but not limited to issues relating to scope, Applicability and Arbitration of this Section 6.10. Unless Rabble and you agree otherwise, any arbitration hearing will be held in the United States, at a location reasonably convenient for both parties, with due regard to their ability to travel and other relevant circumstances. If the parties cannot agree on a venue, the AAA will determine that venue. If your claim is for ten thousand dollars ($10,000) or less, we agree that you will be able to choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by way of a telephone hearing or an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the rules of the AAA. Regardless of how the arbitration is conducted, the arbitrator will issue a written decision with sufficient reasons to explain the primary findings and conclusions on which the decision is based. All decisions of the arbitrator are final and binding and judgment on the award rendered may be held in any court of competent jurisdiction.
(h) Arbitration Fees; Legal fees.
i. Payment of all filing, administration, and arbitration fees and expenses imposed by the AAA will be governed by the AAA's rules, however, if you initiate arbitration against Rabble and the value of the relief sought is ten thousand dollars ($10,000) or less, then Rabble will advance all AAA-imposed filing, administration, and arbitrator fees and expenses (subject to reimbursement as set forth below). If the circumstances mentioned in the preceding sentence apply, but the value of the repair requested is greater than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that these costs and expenses would be more costly than a legal proceedings, then Rabble will pay the amount of such costs and expenses that the arbitrator shall deem necessary to prevent arbitration from being unreasonably more costly than court proceedings (subject to reimbursement as set forth below). In the event the arbitrator determines that all claims asserted by you in arbitration are frivolous pursuant to Rule 11 of the Federal Code of Civil Procedure, you agree to reimburse Rabble for all fees and expenses that Rabble has paid and that you would have been obligated to pay according to AAA rules.
ii. As in any legal proceeding, each party will initially bear its own attorneys' fees and expenses in any arbitration. If it is determined that either party has substantially received a favorable award in the arbitration, then upon such party's request, the arbitrator will award such prevailing party reasonable attorneys' fees and expenses. it has engaged in arbitration, provided that, to the extent the dispute or claim relates to your personal or household use of the Services (rather than business use) Rabble will not seek to recover its attorneys' fees and expenses in any arbitration initiated by you. I'
(i) Future Changes.
Notwithstanding anything to the contrary in these Terms of Service, we together agree that if Rabble makes any future change to this arbitration provision (other than a change to the notice address), Rabble will notify you of such change and may opt out of such change by sending us written notice within thirty (30) calendar days of the change to the notification address set forth above. By rejecting any future modification, you agree to arbitrate any dispute between us in accordance with the wording of this provision not modified by this rejected modification.
(j) Special Severability.
In the event that the provisions of Section 6.10(e) above are held invalid or unenforceable for any dispute or claim, then, notwithstanding Section 6.11, the entirety of this Section 6.10 shall be null and void with respect to relates to such dispute or claim and Section 6.12 shall apply in lieu of this Section 6.10.
Rabble's failure or delay in exercising or enforcing any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be valid under any circumstances. If any provision of these Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court shall have regard to the intentions of the parties as reflected in the provision while the other provisions of these Terms of Service will remain in full force and effect.
In the event that the above agreement to arbitrate ultimately does not apply to you or a particular claim or dispute for any reason, then any dispute or claim not subject to arbitration will be resolved only. by a federal court located in New York City, New York, and if there is no subject matter jurisdiction in such federal court, then a state court in the State of New York will take care of it. You and Rabble agree to respect the personal jurisdiction of such courts and agree that such proceedings are practical.
All section headings in these Terms of Service are provided for convenience only and have no legal or contractual effect.
Please report any violation of these Terms of Service by Email/SMS. For any problem related to data protection, please follow the indications included in the Privacy Policy.
These Terms of Service are not intended to create any relationship between independent contractors, agencies, partners, joint ventures, employers/employees or franchisors/franchisees except as expressly provided in the Terms of Service and Agreement