RumbleTM App End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.


By clicking the "accept" or "ok" button, or installing and/or using the Rumble mobile software application (together with its Content, Marks and services, the "App") you expressly acknowledge and agree that you are entering into a legal agreement with Rumble News Ltd. ("Rumble", "we", "us" or "our"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement ("Agreement"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.

1. Ability to Accept. By installing the App you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.

2. License. Subject to the terms and conditions of this Agreement, Rumble hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to: (i) download, install and use the App on a mobile telephone, device or tablet (each a "Device") that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below).

2. License. Subject to the terms and conditions of this Agreement, Rumble hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to: (i) download, install and use the App on a mobile telephone, device or tablet (each a "Device") that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below).

3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, lease, lend or rent the App; (ii) except as permitted herein, make the App available over a network where it could be used by multiple devices at the same time; (iii) except as permitted herein or by applicable law, disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content (defined below) or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use the communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Rumble name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

4. Account. In order to use the App, and/or some of its features, you may have to create and register an account (an "Account"). If you create your Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Rumble immediately of any unauthorized use of your Account. You may deactivate your Account at any time by following the options within the App.

5. Usages Rules. If you are downloading the App from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the App ("Usage Rules"). We specifically refer to the Usage Rules of certain Distributors below in the Section entitled "Distributor Requirements and Usage Rules", but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.

6. Your Use of the App.

6.1. Except as otherwise set forth herein, Rumble does not charge for your use of the App. However, your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

6.2. Certain features or functionality ("Features") of the App may be dependent on data related to your geographic location ("Location Data"). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.

6.3. If you are using the App in a vehicle, you agree to: (i) comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.

7. Intellectual Property Rights.

7.1. The App is licensed and not sold to you under this Agreement and you acknowledge that Rumble and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). All references in this Agreement to the App include: (i) the Content and Marks (defined below), (ii) its software, including the source and object code therein; and (iii) its tools and services. We reserve all rights not expressly granted herein to the App. "Intellectual Property Rights" means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

7.2. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, User Submissions (defined below), interactive features, and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of Rumble and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.

7.3. The Content on the App is provided to you "as is" for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Rumble's prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. "Rumble", the Rumble logo, and other marks are Marks of Rumble or its affiliates. All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners.

7.4. Rumble and you acknowledge that in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Rumble, and not the applicable Distributor, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.

8. Third Party Sites and Third Party Materials.

8.1. The App enables you to import and use content from third party websites ("Third Party Sites") that are not owned or controlled by us ("Third Party Materials"). The App may also include links to Third Party Sites and may enable you to send Messages (defined below) or post User Submissions to such sites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any Third Party Sites. Please read the terms of use and privacy policy of any Third Party Site that you interact with before you engage in any of the foregoing activities. You are solely responsible and liable for your use of and linking to Third Party Sites, any Messages or User Submission that you may send or post to a Third Party Site, and your use of or importing Third Party Materials from said sites, and you expressly release us from any and all liability arising from any such activities (including, without limitation, your use of, or reliance upon, any Third Party Materials). Any references herein to the Content do not include the Third Party Materials.

8.2. The App provides you with different options for viewing Third Party Materials. It is your responsibility to confirm that each Third Party Site terms of service permits you to view the related Third Party Materials via your nominated browsing mode.

9. Messages. The App permits you to send messages to your friends and contacts ("Messages"). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your User Submissions. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages.

10. User Submissions.

10.1. The App permits the hosting, sharing, posting, and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.

10.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Rumble to use all Intellectual Property Rights (defined below) in and to your Messages and User Submissions, and to enable inclusion and use thereof as contemplated by the App and this Agreement. You retain all of your ownership rights in your User Submissions.

10.3. License to User Submissions. Subject to this Agreement and the terms of our Privacy Policy, by submitting the User Submissions to Rumble, you hereby grant Rumble a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions only in connection with the App and Rumble's business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each App user a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with this Agreement.

10.4. Exposure. You understand and acknowledge that when accessing and using the App: (i) you will be exposed to User Submissions from a variety of sources, and that Rumble is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Rumble with respect to (i) and (ii) herein.

11. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.

12. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Rumble, its users or the public.

13. Payments. The License granted hereunder is currently for free, but Rumble may in the future charge a fee for certain uses (including but not limited to non-personal use). You will not be charged for any such uses of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App.

14. Refer-a-Friend Service. The App includes an invitation service that enables you to invite your friends and contacts to download and use the App (the "Refer-A-Friend Service"). If you choose to participate in the Refer-A-Friend Service, you acknowledge and agree: (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with Rumble or make any warranty or representation on behalf of Rumble; and (iii) to comply at all times with this Agreement and applicable law.

15. Privacy. We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy which is available at rumble.me/privacy ("Privacy Policy"), and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

16. Copyright and Content Policy. It is Rumble's policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: rumble.me/content ("Copyright Notice").

17. Third Party Software. Portions of the App may include third party software that are subject to third party terms and conditions ("Third Party Terms"). A list of any open source third party software and related Third Party Terms is available at rumble.me. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail in connection with the related third party software.

18. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.

19. Warranty Disclaimers.

19.1. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. RUMBLE DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that RUMBLE will correct any errors in the APP. YOU AGREE THAT RUMBLE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

19.2. YOU AGREE THAT (I) YOUR USE OF, AND RELIANCE ON, THE CONTENT AND THIRD PARTY MATERIALS IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK; AND (II) RUMBLE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. RUMBLE EXPESSLY DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AND THIRD PARTY MATERIALS.

20. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL RUMBLE OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, OR ANY DISTRIBUTOR, BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE UNDER THIS AGREEMENT OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF RUMBLE OR ANY DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT RUMBLE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES UNDER THIS AGREEMENT, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO RUMBLE FOR USING THE APP WITHIN THE SIX (6) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21. Indemnity. You agree to defend, indemnify and hold harmless Rumble and our affiliates, and our respective officers, directors, employees and agents, and any Distributor, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your Messages, User Submissions, and interaction with another App user or third party. Without derogating from or excusing your obligations under this section, Rumble reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

22. No Obligation. Except as required by applicable law, Rumble is not obligated to maintain or support the App. Both Rumble and you acknowledge that the applicable Distributor has no obligation to provide you with any maintenance and support services with respect to the App.

23. Relationship with Distributor. Both Rumble and you acknowledge that: (i) this Agreement is concluded between Rumble and you only, and not with any Distributor; (ii) as between Rumble and Distributor, Rumble is solely responsible for the App and the content thereof; and (iii) notwithstanding the foregoing, the applicable Distributor and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

24. Product Claims. Unless expressly stated otherwise in the applicable Usage Rules, Rumble, and not Distributor, is solely responsible for addressing any questions, comments or claims relating to the App and your possession and use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions, complaints, or claims regarding the App, please contact us at:

Email:
Address: 1021 N 4 St, Philadelphia PA 19123. USA
Telephone:

25. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

26. Updates and Upgrades. Rumble may from time to time provide updates or upgrades to the App (each a "Revision"), but is not under any obligation to do so. Such Revisions will be supplied according to Rumble's then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

27. Term and Termination. This Agreement is effective until terminated by Rumble or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. Upon termination of this Agreement, you shall cease all use of: (i) the App, and shall destroy all copies of the App and any related documentation that are your possession or under your control, and (ii) your Account. This Section 27 and Sections 7 (Intellectual Property Rights), 10.3 (User Submissions), 15 (Privacy), 19 (Warranty Disclaimers), 20 (Limitation of Liability), 21 (Indemnity), 28 (Assignment), 30 (General) and 31 (Distributor Requirements and Usage Rules) shall survive termination of this Agreement.

28. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Rumble without restriction or notification.

29. Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.

30. General. This Agreement, and the relationship between you and Rumble, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the federal and states courts located in New York, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, Rumble may seek injunctive relief in any court of competent jurisdiction. This Agreement, and any other legal notices published by Rumble in connection with the App, shall constitute the entire agreement between you and Rumble concerning the App. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Rumble. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

31. Distributor Requirements and Usage Rules.

31.1. Apple. If you downloaded the App from the Apple, Inc. ("Apple") App Store, then: (i) the License granted herein is limited to your use of the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; and (ii) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement. You acknowledge and agree that in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid, if any, for the App to you; and that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rumble's sole responsibility. By downloading and using the App, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. By entering into this Agreement you hereby waive, to the extent legally permitted, any applicable law requiring that this Agreement be localized to meet your language or other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

Last updated: 1 June 2012