Simple Casual, LLC. Terms of Service and Privacy Policy

1. Terms

By accessing the website at https://ruby.fm, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Simple Casual, LLC.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Simple Casual, LLC.'s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Simple Casual, LLC. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Simple Casual, LLC.'s website are provided on an 'as is' basis. Simple Casual, LLC. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Simple Casual, LLC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Simple Casual, LLC. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Simple Casual, LLC.'s website, even if Simple Casual, LLC. or a Simple Casual, LLC. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Simple Casual, LLC.'s website could include technical, typographical, or photographic errors. Simple Casual, LLC. does not warrant that any of the materials on its website are accurate, complete or current. Simple Casual, LLC. may make changes to the materials contained on its website at any time without notice. However Simple Casual, LLC. does not make any commitment to update the materials.

6. Links

Simple Casual, LLC. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Simple Casual, LLC. of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Simple Casual, LLC. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of CA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Privacy Policy

Your privacy is important to us.

It is Simple Casual, LLC.'s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We will only retain personal information for as long as necessary for the fulfilment of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Simple Casual, LLC. may change this privacy policy from time to time at Simple Casual, LLC.'s sole discretion.

Simple Casual, LLC. Notification of Alleged Copyright Infringement

If you believe that any content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, pursuant to the DMCA you may notify our designated DMCA agent with a written communication that contains substantially the following:

  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works are covered by your notification, you may provide a representative list of such works.
  • Identify the URL or other specific location on the Service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (for example, as a "fair use"), and another statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
  • Include your name, mailing address, telephone number and email address.

Submit your notice to our designated DMCA agent by mail or email as set forth below:

Simple Casual, LLC.
ATTN: DMCA Agent
382 Capp St.
San Francisco, CA 94110
Phone: +1 (832) 477-8662

Email: alex@simplecasual.com

Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Service is copyright infringing.

Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.

If you believe your copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  2. All of the following statements:
    • "I consent to the jurisdiction of the Federal District Court in which my address is located, or if my address is outside the United States, the judicial district in which Simple Casual, LLC. is located."
    • "I will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent."
    • "Under penalty of perjury, I have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
  3. Your name, address, telephone number, email address, and if applicable, username associated with Service.
  4. Your physical or electronic signature.

You may submit your counter-notification letter to our designated DMCA agent by mail or email at the contact information noted above. Upon receipt of your counter-notification letter, we will forward it to the original complainant. Accordingly, submitting a counter-notification constitutes your consent to disclosure of your information in the aforementioned manner.

If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our designated DMCA agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. If you are unsure of whether you own all the necessary rights to the material that is the subject of the complaint, filing a counter-notification may be inappropriate. However, you may contact the original complainant directly to seek a retraction of their claim.

Counter-Notification

We will consider any retraction of a copyright complaint from the original complainant that is sent from the same address as the original copyright complaint.

If you are the original complainant and seek to retract your complaint, please provide our designated DMCA agent with a written communication with the following information:

  1. The statement, with fields in all-caps completed: "I hereby retract my claim of copyright infringement sent on (DATE OF ORIGINAL COMPLAINT) regarding (BRIEF DESCRIPTION OF COMPLAINT) located at (PROVIDE URL OR OTHER SPECIFIC LOCATION ON THE SERVICE THAT CONTAINS THE CONTESTED MATERIAL)."
  2. Your physical or electronic signature.

If you are the alleged infringer and seek to contact the original complainant, please write or email the original complainant at the address provided in the copyright complaint furnished to you, and have the original complainant contact us directly with their retraction following the procedure listed above for retractions by original complainant. Please be aware that you are responsible for any communications sent by you to the original complainant.