Welcome to Rhythm ("Service," "we," "us," "our"). By using the Service, you ("User," "you," "your") agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully. If you do not agree, you must not access or use the Service.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Notice, and any additional guidelines, rules, or policies posted on the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet the age requirement and have the legal capacity to enter into these Terms.
When you create an account with the Service, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or any other security breach.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.
You agree not to engage in any of the following:
Rhythm respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, Rhythm has adopted a policy of removing infringing material.
If you believe that material available on or through the Service infringes your copyright, you may submit a written notification to our Designated Agent at support@rhythm.watch. Your notification must comply with the requirements of 17 U.S.C. §512(c)(3).
Upon receipt of a valid notice, Rhythm will expeditiously remove or disable access to the allegedly infringing material. If you believe that your material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification in accordance with 17 U.S.C. §512(g).
Rhythm expressly reserves all rights, remedies, and defenses available under the DMCA and other applicable laws, and claims the limitations on liability provided by the DMCA Safe Harbor provisions.
The Service may integrate with or link to third-party websites or services. We are not responsible for their content, policies, or practices. Your use of third-party services is governed solely by their terms.
We reserve the right to suspend or terminate your access to the Service at any time, without notice and for any reason, including if you violate these Terms, if we suspect fraudulent, abusive, or illegal activity, or for any other reason at our sole discretion.
The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free, or secure operation of the Service.
To the maximum extent permitted by law, Rhythm, its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so the above may not apply to you to the extent prohibited by law.
These Terms are governed by the laws of Delaware, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware. At our sole discretion, we may require any dispute to be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Class Action Waiver: To the fullest extent permitted by law, you and Rhythm agree that all claims and disputes must be brought on an individual basis, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Users are responsible for their use of the Service and must ensure that their use complies with all applicable laws and regulations. The company is not liable for any actions taken by users that violate any laws or infringe on the rights of any third party.
You agree to indemnify and hold harmless Rhythm, its affiliates, and their officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including attorney's fees) arising out of your use of the Service, violation of these Terms, or infringement of third-party rights.
We reserve the right to update or modify these Terms at any time. We will notify you of any material changes to these Terms by posting the updated Terms on our website or through other appropriate means of communication. By continuing to access or use the Service after any such changes become effective, you agree to be bound by the updated Terms.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms constitute the entire agreement between you and us with respect to the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral, relating to the subject matter of these Terms. You acknowledge you have not relied on any representations, promises, or warranties not expressly stated in these Terms.
You agree not to use the Service in violation of U.S. export control laws or sanctions. By using the Service, you represent that you are not located in a country or region embargoed by the U.S. government or listed on any U.S. government denied-party list.
All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, limitation of liability, indemnification, and governing law) shall survive and remain in full force and effect.
By submitting, posting, or otherwise making available any content, including comments, on or through the Service ("User Content"), you hereby irrevocably assign to Rhythm all rights, title, and interest in and to such User Content, including all intellectual property rights therein, to the maximum extent permitted by law. To the extent any such assignment is not valid, you grant Rhythm an exclusive, worldwide, perpetual, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content in connection with the Service.
You represent and warrant that (i) you own or otherwise control all rights in and to your User Content, or that your submission is otherwise lawful; and (ii) your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property, privacy, or publicity rights, or contain any unlawful, harmful, or offensive material.
Rhythm will not be responsible or liable for any User Content submitted by you or any third party. You remain solely responsible for any claims, damages, or liabilities arising out of your User Content and agree to indemnify and hold harmless Rhythm from any such claims.
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