Updated on August 25th, 2024

These terms and conditions outline the rules and regulations for the use of the RHYMEBOOK App.

By accessing our application we assume you accept these terms and conditions. Do not continue to use RHYMEBOOK app if you do not agree to all of the terms and conditions stated on this page.

Acceptance of Terms

Welcome to the RHYMEBOOK App. We appreciate the fact that you have chosen to access our application and use the services provided in the mobile application. As is the case with almost all websites and mobile applications, your use of this mobile application is subject to certain legal terms that will protect both you and us. By accessing or using the RHYMEBOOK App or related mobile application, you agree to be bound by these Terms of Service and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms of Service apply to all visitors, registered users, and others who access RHYMEBOOK (“Users”). Please read the following Terms of Service and our Privacy Policy carefully, as they may have changed since your last visit. These Terms of Service and our Privacy Policy apply to all online services and features unless otherwise indicated.

Scope of Service

DailyRapFacts LLC (“RHYMEBOOK”, “we”, or “us”), maintains this mobile application as a service to the user community that uses the mobile application subject to these Terms of Service. The term “mobile application” includes all services and features available in RHYMEBOOK. Users of this mobile application (“you”) are responsible for obtaining any equipment and Internet and phone service necessary to access our services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this mobile application, in whole or in part, at any time and for any reason, without notice. The mobile application may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Content

Subject to these Terms of Service, RHYMEBOOK hereby grants to you a personal, non-transferable, non-exclusive right to access and use the Content of this mobile applications subject to these terms and conditions. The term “Content” means all information, text, images, trademarks, logos, data, links, software, or other material accessible through the mobile application, whether created by us or provided by another person for display on one of our mobile applications.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download and print Content that is available on one of our mobile applications, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this mobile application of ours or any Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Copyright, trademark, and other proprietary notices may not be removed.

The source of the Content is appropriately acknowledged.

You acknowledge that you do not acquire any ownership rights by reproducing such Content for internal informational purposes.

Nothing contained on this mobile application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this mobile application or any Content displayed through one of our mobile applications, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this mobile application.

Content Submitted by Users

Accuracy

If you choose to provide information to register for or participate in a service, event, or promotion on this mobile application, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information.

Liability

We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our mobile applications. We do not prescreen information posted through our mobile applications. With respect to such Content, we act as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users through our mobile applications are those of the respective author(s) or distributor(s) and not of RHYMEBOOK. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.

It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our mobile applications. You are responsible for ensuring that Content submitted to our mobile applications is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. To learn more about copyright and fair use, please click here. You therefore agree that any User Content that you post to our mobile applications does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content through our mobile applications.

Right to Remove Content

We reserve the right, but are not obligated, to edit or remove User Content submitted to our mobile applications for any reason, including User Content that we believe, in our sole discretion, violates these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted by you through our mobile applications. Without limiting the foregoing, we have the right to remove any material that RHYMEBOOK, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to our mobile applications.

Prohibited Conduct

By accessing our mobile applications, you agree to abide by the following standards of conduct.

You agree that you will not, and will not authorize or facilitate any attempt by another person, to use our service to:

  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by RHYMEBOOK in its sole discretion.
  • Use a name or language that RHYMEBOOK, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content which infringes another’s copyright, trademark or trade secret, or which infringes another’s privacy rights or other intellectual property rights.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity, such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the mobile application.
  • Obtain unauthorized access to any computer system through the mobile application.
  • Invade the privacy of any person, including, but not limited to, posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation, as enacted, modified or updated from time to time.
  • Transmit any instructions in crime or drug use.
  • Encourage conduct that would constitute a criminal or civil offense.

Children

This mobile application is not intended for children under age 13. RHYMEBOOK is committed to complying with all aspects of the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly solicit personal information regarding children under age 13. If you are under 13, please do not attempt to register on our mobile application. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information from anyone under the age of 13.

Intellectual Property

You will retain all ownership rights to any Content you submit or make publicly available for inclusion in the RHYMEBOOK service (“User Submitted Content”), and we are not obtaining ownership rights to any of your User Submitted Content. We do, however, need you to grant us certain rights in the User Submitted Content, so that we can incorporate such User Submitted Content in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of your User Submitted Content on our mobile applications. The rights that we need from you include the right to reformat and add links to your User Submitted Content so that we can present it in a user friendly format, and such reformatted or enhanced material is considered a “derivative work” under the copyright laws.

User Submitted Content will be designated as “Private” (“Private User Submitted Content”) or “Public” (“Public User Submitted Content”), and you have the right to change such designation or remove the User Submitted Content from our mobile application at any time. Unless you elect to enable others to view or have access to the Private User Submitted Content you submit through our mobile applications, no one else should see your Private User Submitted Content without your consent. By submitting Public User Submitted Content, you are enabling each of the permitted users of the RHYMEBOOK service access to use, display, perform, distribute and modify your User Submitted Content. In order to enable us to store and backup any User Submitted Content submitted to us through our mobile applications and to display such User Submitted Content through our mobile applications (subject to the limitations on access by third parties set forth in this paragraph with respect to Private User Submitted Content), you grant us a world-wide, royalty-free, non-exclusive license to use and reproduce such User Submitted Content, and to create derivative works from such User Submitted Content to enable us to reformat and enhance the presentation of such User Submitted Content. In addition, in order to enable us to publicly display the Public User Submitted Content on our mobile application, you also grant us a world-wide, royalty-free, non-exclusive license to distribute and publicly display through our mobile applications the Public User Submitted Content submitted to us through our mobile applications. The license to reproduce and create derivative works from, such User Submitted Content shall remain in effect until you remove or we delete the User Submitted Content from our systems. The license to distribute and publicly display the Public User Submitted Content shall remain in effect until you change the designation of such Public User Submitted Content to Private User Submitted Content or until you remove or we delete the User Submitted Content from our systems.

Unless otherwise noted, all Content (other than User Submitted Content) contained on our mobile applications is the property of RHYMEBOOK and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

Protecting Copyrights and Other Intellectual Property

RHYMEBOOK respects the intellectual property of others, and we ask our users to do the same. RHYMEBOOK complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright or other intellectual property infringement that comply with the DMCA and other applicable laws. In addition, you agree that, in the event RHYMEBOOK receives a written demand alleging that any User Submitted Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, RHYMEBOOK may in its sole discretion, remove or disable access to such User Submitted Content.

If you believe that any materials on this mobile application infringe your copyright or other intellectual property right, please provide us with the following information: (1) a physical or electronic signature of the intellectual property owner or a person authorized to act on their behalf; (2) identification of the protected work and intellectual property right (ie, copyright or trademark) that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (3) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that the complained use of the materials is not authorized by the intellectual property owner, its agent, or the law; and (6) a statement by you, made under “penalty of perjury,” that the above information in your notice is accurate and that you are the lawful intellectual property owner or intellectual property owner or are authorized to act on the owner’s behalf.

Note: If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) either by notating this in your written notice or by checking the appropriate box in the DMCA Complaint Form below. Please contact RHYMEBOOK’s Copyright Agent (contact information below) for Notice of Claims of intellectual property infringement.

To expedite our ability to process your request, such written notice may also be sent to our designated agent via our online DMCA complaint form. DMCA Complaint Form

If you prefer to contact us via email, you may contact the RHYMEBOOK Copyright Agent here:

DailyRapFacts LLC – RHYMEBOOK, P.O. Box 455, St. Francis, MN 55070, United States
Attn: Copyright Agent

Email: support@rhymebook.com

In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of users of our mobile applications who are repeat infringers.

If you believe that your User Submitted Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submitted Content, you may send a counter-notice containing the following information to RHYMEBOOK’s Copyright Agent : (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If a counter-notice is received by RHYMEBOOK’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter-notice, at RHYMEBOOK’s sole discretion.

Security

When you register to participate in our services offered through our mobile applications, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

DISCLAIMER OF WARRANTY

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT PROVIDED THROUGH OUR MOBILE APPLICATIONS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH ONE OF OUR MOBILE APPLICATIONS. YOU ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH OUR MOBILE APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, RHYMEBOOK DOES NOT WARRANT THAT: (I) THE INFORMATION PROVIDED THROUGH OUR MOBILE APPLICATIONS IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED THROUGH OUR MOBILE APPLICATIONS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RHYMEBOOK BE LIABLE TO ANY USER OF OUR MOBILE APPLICATIONS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE MOBILE APPLICATION OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),OR OTHERWISE, EVEN IF RHYMEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Application Stores Terms And Third-Party Ads

You acknowledge and agree that the availability of the App is dependent on the third party from which you have downloaded or install such apps App Store, Google Play, and/or other app stores (each “App Store” and collectively, “App Stores”). You also agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use or terms of service, and other policies of the applicable App Stores. Certain features within the App are provided by our third-party service providers and are subject to their separate terms and conditions or privacy policies. Further, the Services may contain links to third party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads have separate terms of use and policies and we shall not be liable or responsible for the acts of any of those Third-Party Ads. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads

Registration and Account

In order to access or use features of the App, you are required to register by opening an account (“Account”) or by signing in via a third-party tool (such as Google, Facebook, or Apple) (“Third Party Tool”). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account information through a Third Party Tool (“Login Information”). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information. Note that if you choose to create your Account using any Third Party Tool, certain user data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your user name and photo, may be published on your user profile and may be made available to other users. You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself. You undertake to monitor your Account and to restrict use by anyone who is not an eligible user. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or other payment instrument. We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violate these terms.

Updates, Upgrades and Changes

We reserve the right, at any time, to perform any revisions or updates to the App and the Services, included any change, upgrade or update of any feature available therein (“Revisions”). RHYMEBOOK is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.

Subscription

Certain premium service is subject to subscriptions fees that automatically renew (“Subscription”). Premium features are available subject to a weekly, monthly or yearly Subscriptions or otherwise a onetime payment. Subscription is automatically renewed unless you terminate or cancel the Subscription. The Subscription payment is processed through Apple Pay or Google Pay and subject to the applicable terms and conditions: Google Pay’s Terms of Service are available here; Apple Pay’s Terms and Conditions are available here. You may cancel your subscription plan anytime through Apple Pay or Google Pay, as applicable to you. Should you choose to cancel your Subscription, your access to the paid features will continue through the end of your billing period, as applicable, and expire thereafter, and you may be downgraded to the free Services. To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan are non-refundable, and we do not provide refunds for any partial subscriptions. To read more on the cancelation of a subscription: Apple support page and Google support page. We may offer a free trial for premium features (“Free Trial”) as shall be determined by us in our sole discretion. The Free Trial starts when you register to the Free Trial and is for a limited period of time with an auto renew unless you cancel at least 24-hours before the end of the trial period. The terms of the autorenewal and cancellation procedure will be disclosed prior to making the purchase and are subject to Google or Apple terms. When you sign up for a Free Trial, you agree that we may automatically begin charging you for the Services on the first day following the end of the Free Trial on a recurring periodic basis in accordance with the subscription period you have selected when you sign up for a Free Trial. We will notify you via your email address that your Free Trial period is about to expire before the end of the Free Trial. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL. We reserve the right to limit your ability to take advantage of multiple trials. We reserve the right, at our own discretion, to change any features or functionalities of the Subscription. Changes to the Subscription can be based on various factors, e.g., improving, managing the Services, complying with requirements or legal or technical requirements. Where such changes negatively affect an existing Subscription in more than a limited way, you will be informed and may terminate the Subscription. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

In App Purchase Terms

Through the App you may purchase (“IAP”) certain goods and special features designed to enhance the performance and user experience of the Services (“Goods”). When you purchase Goods, you are doing it through the Apple Store, Google Play, and/or other app store (collectively, “App Stores” and each an “App Store”), and you are agreeing to their respective Terms of Use. PURCHASES ARE SUBJECT TO APP STORE REFUND POLICIES. As hereinafter provided, Goods are provided “as is” without any warranty. Every purchase, sale, and trade of Goods shall be final and non-refundable, unless otherwise determined by us at our sole discretion. You agree that purchased Goods have no monetary value and do not constitute actual currency or property of any type. The Goods may never be sold, transferred, traded or exchanged through any legally acceptable payment method, goods or other items of monetary value from us or anyone else. You only get a limited, revocable, personal, non-transferable, and non-sublicensable license to use Goods. You acknowledge that you do not acquire any ownership rights in or to the Goods. Any balance of Goods does not reflect any stored value. You may not buy or sell any Goods or your account in exchange for legally acceptable money or otherwise exchange items for any other kind of value through any means other than that established to provide the Services. Once you acquire Goods, you may not trade or transfer the Goods or your account to another user, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method. We may manage, control, regulate, modify or eliminate Goods at any time, with or without notice, in our sole discretion. We shall have no liability to you or any third party in the event that we decide to exercise these rights. All Goods may be forfeited if your account is suspended or terminated for any reason, at our sole discretion. You will not receive money or other compensation for unused Goods when your account is closed whether such closure was voluntary or involuntary. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or withdrawal rights for your purchase of Goods under applicable laws.

Indemnification

By using our mobile applications, you agree to indemnify, hold harmless and defend RHYMEBOOK, its affiliates, officers, directors, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our mobile applications, (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your User Submitted Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this mobile application.

Links to Third-Party Websites

Our mobile applications may contain links to non-RHYMEBOOK websites that are provided to you as a convenience. Any outside website accessed from our mobile applications is independent from RHYMEBOOK, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-RHYMEBOOK websites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by RHYMEBOOK of that third party or of any product or service provided by a third party. Likewise, a link to any non-RHYMEBOOK website does not imply that we endorse or accept any responsibility for the content or use of such a website.

Jurisdictional Issues

We make no representation that information on our mobile applications is appropriate or available for use outside the United States. Those who choose to access our mobile applications from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

We may terminate any user’s access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our mobile applications.

Governing law

These Terms of Service shall be governed and interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Access to our mobile applications from any territory where the content is illegal is prohibited. You may not use or export any portions of our mobile applications, including any Content, in violation of U.S. export laws and regulations.

Dispute Resolution

Please read this carefully. It affects your rights. By using our mobile applications, you agree that all disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Minneapolis, Minnesota, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury. You and RHYMEBOOK agree that YOU AND RHYMEBOOK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

Severability

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by RHYMEBOOK to enforce strict performance of any of these Terms of Service will not be construed as a waiver of any right or remedy of RHYMEBOOK in respect of any existing or subsequent breach of these Terms of Service.

Notification Procedures

RHYMEBOOK may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, mobile notification, written or hard copy notice, as determined by RHYMEBOOK in our sole discretion. RHYMEBOOK reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms of Service and our Privacy Policy. RHYMEBOOK is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, modify or update these Terms of Service from time to time. When we change the Terms of Service in a material manner, we will update the ‘last modified’ date at the top of this page. You will be deemed to have accepted and agreed to the revised Terms of Service if you continue to use this mobile application after notice of the revised Terms of Service has been placed on our mobile application. If revisions to the Terms of Service are unacceptable to you or cause you to no longer be in compliance with the Terms of Service, you must cease using this mobile application.

You must not assign, transfer or otherwise deal with all or part of your rights or obligations under the Terms of Service without RHYMEBOOK’s written consent.

Contact

If you have any questions about these Terms of Service, please contact support@rhymebook.com