Rumble Wallet Terms of Use and End User License Agreement

What’s in these terms?

These Terms tell you the rules for using the Rumble Wallet. We recommend printing a copy of these Terms for future reference.

These Terms should be read in conjunction with Rumble’s Website Terms and Conditions of Use and Agency Agreement available here: https://rumble.com/s/terms and Rumble’s Privacy Policy available here: https://rumble.com/s/privacy , each of which are incorporated herein by reference. In the event of any conflict or inconsistency between these Terms and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained referenced in these Terms, or any other agreements between you and us or third parties, these Terms shall prevail as they relate to your use of, or access to, the Rumble Wallet.

1. Who we are and how to contact us

   
   

   The Rumble Wallet is made available by Rumble USA Inc. (“We”, “us”, “our”, and “Rumble”), a Delaware corporation with its registered office 444 Gulf of Mexico Drive, Longboat Key, FL 34228 USA. To contact us, please email [email protected] .

   
   

2. What we do

   
   

   We have made available to you the software product called the Rumble Wallet, which allows users to make and receive tips on the rumble.com platform (“Platform”) and to buy, sell, or swap cryptocurrency on a third-party platform. Use of the Rumble Wallet on the Platform is explicitly subject to these Terms and the EULA; use of the Rumble Wallet on a third-party platform is subject to these Terms, the EULA, and the terms of service of any such third-party platform. The Rumble Wallet is intended to allow both users and content creators of the Platform to engage in certain blockchain-based crypto asset transactions on the Platform and on a connected third- party platform. For the avoidance of doubt, Rumble does not control, nor is it liable or responsible for, any such third-party platforms or any actions taken thereon.

   
   

3. Using Rumble Wallet

   1. How you may use material on Rumble Wallet

      
      

      We grant you a personal, non-assignable license to use Rumble Wallet for your own internal use. Your right to continue accessing Rumble Wallet is subject to your continued compliance with these Terms and the EULA. Except for the limited license granted in these Terms, Rumble and its licensors retain all right, title, interest and all proprietary rights in and to the Platform, including, without limitation, copyrights, patents, trademarks, service marks and trade names. Rumble, its licensors and service providers reserve all other rights afforded to them but not granted in these Terms.

      
      

      With respect to any feedback you provide to Rumble (whether orally or in writing) concerning the Rumble Wallet, including any features or functionalities thereof, and including identifying potential errors and improvements (“Feedback”), you hereby grant to Rumble an exclusive, worldwide, perpetual, fully paid-up, royalty free, fully-sublicensable (through multiple tiers of sublicensees) and freely assignable and transferable license to use any Feedback for any purpose without payment or restriction. It is further understood that Rumble’s use of Feedback, if any, may be used by Rumble in its sole discretion, and that Rumble shall in no way be obliged to make any payment to you for or make use of any kind of the Feedback or part thereof.

      
      

      All rights not otherwise granted under these Terms are reserved.

      
      

      You must not sub-license, sell, rent, lend, lease or distribute Rumble Wallet, or otherwise make Rumble Wallet available to any third parties for commercial purposes, including as part of a commercial product or service, without obtaining a license to do so from us and/or our licensors.

      
      

      We will require you to provide us with certain information (e.g., your full legal name) so that we can undertake know-your-customer (“KYC”) screening. You must provide that information and pass the KYC screening to Rumble’s satisfaction in order for Rumble to grant you access to use certain features of the Rumble Wallet. We may require additional information from you to conduct further KYC screening as we deem necessary. Your Rumble Wallet account may be suspended and/or closed if you fail to meet the legal requirements necessary to provide you with access to certain features of the Rumble Wallet.

      
      

   2. Content Transmitted by Others

      
      

      By using the Rumble Wallet, you may view and have access to the content, products, services, protocols, software or applications of one or more third parties via linked or plugged-in technologies to the Rumble Wallet. You acknowledge that we do not control in any respect any information, products or services offered by third parties through Rumble Wallet. The transmission of such content through use of Rumble Wallet should not be interpreted as approval by us of that content. We are not responsible for content provided by third parties, and we assume no responsibility for and make no representation or warranty as to the availability, content, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety or accuracy of any third party product or services, or any intellectual property rights therein, distributed through use of Rumble Wallet. We do not endorse, warrant or guarantee any product or service offered through Rumble Wallet by any third party, will not be a party to or in any way monitor any transaction between you and third-party providers of products or services, and will not bear any responsibility for such products, services, policies or actions.

      
      

      If you use any such product or service, you may be subject to additional terms and conditions relating to their use, and we assume no responsibility for any failure by you to abide by those additional terms and conditions. You understand and agree that any such third-party terms and conditions and policies may involve fees or other charges and include disclaimers or particular risk warnings about the reliance on or the accuracy of any information or with using such third-party services. You acknowledge you may have to provide certain information to satisfy certain KYC questions from any third-party provider in order to be granted access to such third-party services, and that your access may be dependent upon your providing such requested information to the satisfaction of Rumble and any third-party provider. It is your responsibility to understand the terms and conditions and policies of any such third-party service provider, including how those service providers use any of your data or other information under their privacy policies. Any such terms and conditions and policies may provide for less security than Rumble.

      
      

      Your reliance on, access and use of any third-party products or services is at your own risk, and we disclaim all responsibility and liability for any losses that result out of same. We have no responsibility for third-party products or services that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable to you or under the law in your jurisdiction, or which contain malware, vulnerabilities or any other types of malicious software, smart contracts, domains or computer code. The choice to rely on, access and use third-party products or services is in your own discretion, and you are solely responsible for ensuring that your reliance, access or use is in compliance with all applicable laws.

      
      

      For the avoidance of doubt, this paragraph shall be interpreted broadly and covers websites and other crypto-native technologies, such as bridges, decentralized exchanges and all other applications (decentralized or otherwise) accessible via the Rumble Wallet or any links made available through the Rumble Wallet. Any statements, opinions or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s). We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any third party product or service at any time and without prior notice to you.

      
      

   3. Cryptocurrency Transactions

      
      

      You may enable Rumble Wallet to instruct payments, swaps, or conversions in, to, or from various forms of cryptocurrency (“Crypto Transaction(s)”), and display confirmations thereof utilizing a wallet owned by you. You agree that Rumble is not responsible for any crypto assets that you receive, transfer, bridge, hold, lose or otherwise use or misuse in connection with the Rumble Wallet, including the Crypto Transactions. Additionally, you agree that Rumble is not responsible for any tax obligations that you incur in connection with your use of the Rumble Wallet as set forth below in section 3.6. We have no control over the Crypto Transactions (including our connection to it), your wallet, or payments instructed or displayed via this connection, and we make no, and disclaim all, related representations and warranties. Please see section 11 (Our responsibility for loss or damage suffered by you) for further information on our disclaimers and section 3.4 (Use Restrictions) for restrictions on use of Rumble Wallet’s connection to any Crypto Transaction provider or exchange. Rumble is not a broker, dealer, exchange, investment adviser, custodian, tax advisor, or financial service provider of any kind. We do not have a fiduciary relationship or obligation to you in connection with the Rumble Wallet.

      
      

   4. Use Restrictions

      
      

      You must access and use Rumble Wallet only in compliance with all applicable laws, regulations and third-party rights and in accordance with these Terms. You agree to, and will not attempt to circumvent, such limitations. You acknowledge you may have to provide certain information to satisfy certain KYC questions in order to be granted access to services, and that your access may be dependent upon your providing such requested information to the satisfaction of Rumble.

      
      

   5. No Representations and Warranties

      
      

      Without limiting any other disclaimers contained herein, we make no representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable laws, we expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to Rumble Wallet. Rumble Wallet is offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, is provided without any representation as to non-infringement, merchantability, merchantable quality, or fitness for any particular purpose or any representation or warranty that Rumble Wallet will be operational, error-free, secure, confidential, reliable, or safe, or that Rumble Wallet will function without disruptions, delays or imperfections, or that the content on Rumble Wallet will be accurate, and is provided without any warranties arising from a course of dealing, course of performance or usage of trade.

      
      

   6. Fees and Taxes

      
      

      We may charge you a fee to use Rumble Wallet. Any such fee will be clearly indicated to you at the time of a Crypto Transaction. You are responsible for all fees necessary when accessing Rumble Wallet, including, to the extent applicable, all transaction fees or “gas,” as well as all fees charged by us or any third party for your use of Rumble Wallet. You are responsible for all taxes associated with any Crypto Transaction performed by you.

      
      

   7. No Relationship

      
      

      Nothing contained in the Terms shall constitute you and Rumble as members of any partnership, joint venture, association, syndicate, unincorporated business or similar assignment as a result of or by virtue of the relationship established by the Terms.

      
      

   8. Encryption and Access

      
      

      You acknowledge and agree that losing your wallet secret phrase may result in the permanent loss of access to your Rumble Wallet and its Digital Assets. Rumble assumes no responsibility for, and you agree to hold Rumble and any its affiliates, and its and their officers, directors, employees, licensors, or representatives harmless from, any claims, losses, damages, expenses, or liabilities arising from:
      (i) any failure or malfunction of encryption or decryption related to your Rumble Wallet secret phrase; and/or
      (ii) the loss of any wallet private key, password, secret phrase, or other access credentials to your Rumble Wallet.
      

      
      
   
   

4. We may make changes to these Terms

   
   

   We amend these Terms from time to time. Every time you wish to use Rumble Wallet, please check these Terms to ensure you understand the terms that apply at that time. When we do this, we will post the revised Terms on this page and indicate the date of such amendments. Your continued use of Rumble Wallet will constitute your agreement to the revised Terms.

   
   

5. Your Representations and Warranties

   
   

   In addition to any other representations and warranties from you contained herein, you represent and warrant that:

   (a)	you have the right, power, and ability to enter into and perform under these Terms;
   (b)	you are eligible to use Rumble Wallet;
   (c)	you have, and comply with, all necessary rights, consents, licenses, and approvals for the use Rumble Wallet in compliance with these Terms and applicable law;
   (d)	your use of Rumble Wallet does not violate or infringe upon any third-party rights, including intellectual property rights, and you have obtained, as applicable, all necessary rights and permissions to enable your use of Rumble Wallet;
   (e)	your use of Rumble Wallet and performance of your obligations under these Terms will comply with applicable law; and
   (f)	all information you provide to Rumble is accurate, true and complete.

   
   

6. We may suspend, withdraw, or restrict Rumble Wallet

   
   

   We do not guarantee that Rumble Wallet will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of Rumble Wallet for business and operational reasons or for any other reason at our sole discretion. If you violate any Terms, we may immediately suspend or terminate your use of Rumble Wallet.

   The Terms are effective beginning when you accept the Terms or first access or use the Services and ending when terminated as set forth above. Upon termination of the Terms, your license rights will immediately terminate and you must immediately cease all use of the Services, and promptly pay any and all amounts due to Rumble.

   
   

7. We may transfer these Terms to someone else

   
   

   These Terms, and any of the rights, duties, and obligations contained or incorporated herein, are not transferable by you without our prior written consent, and any attempt by you to transfer these Terms without such consent will be void.

   We are permitted to transfer (or assign) these Terms and any of the rights, duties, and obligations contained herein, in whole or in part, to another organization without notice or your consent.

   
   

8. Rumble Wallet is not for certain users

   
   

   As a condition of your use of Rumble Wallet, and in addition to any other representations or warranties made by you, you represent and warrant that:

   (i)	you are at least the age of majority in your jurisdiction to use Rumble Wallet, but in any event, not less than seventeen (17) years of age;
   (ii)	you are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State or any other governmental authority with jurisdiction over the party; identified on the Denied Persons, Entity or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or located, organized or resident in a country or territory that is, or whose government is, the subject of economic sanctions, including, without limitation, Russia, Crimea, Cuba, Iran, North Korea or Syria (each, a “Restricted Person”); and
   (iii)	you are not accessing or using the Rumble Wallet on behalf of a Restricted Person.

   
   

9. Do not rely on information on Rumble Wallet provided by us

   
   

   We may make certain informational resources relating to the Platform and the Rumble Wallet, including, without limitation, technical documentation, blog posts, data, articles, tutorials, social media posts and other informational content published by us, our employees or our marketing partners available to you as part of the Rumble Wallet. You acknowledge and agree that all such informational resources are intended for general informational and educational purposes only and may not be the exclusive or sole source of information regarding the Platform and the Rumble Wallet. It is not intended to amount to a recommendation or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on Rumble Wallet provided by us.

   Although we make reasonable efforts to update the information provided by us on Rumble Wallet, we make no representations, warranties or guarantees, whether express or implied, that the content on Rumble Wallet is accurate, complete or up to date.

   Other content available through Rumble Wallet is provided by third parties who are solely responsible for that content. Please see section 3.2 (Content Transmitted by Others).

   
   

10. We are not responsible for websites we link to

    
    

    Where Rumble Wallet contains links to other sites and resources provided by third parties or affiliates, these links are only provided for your information. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    We have no control over the contents of those sites or resources, or their privacy settings, policies and/or procedures. You acknowledge that no representation has been made by us as to the fitness of the websites, services, goods, advertisements or other third-party services that may be linked to, from or provided through, the services. You are solely responsible for reviewing the information provided by those sites or resources; your use of third-party services is at your sole risk and is subject to any additional terms, conditions and policies applicable to such third-party services (such as terms of use and the privacy policy of the providers of such third-party services). We disclaim any and all liability, including any express or implied warranties, whether oral or written, for websites, services, goods, information, advertisements or other third-party services that may be linked to or from, or provided through, the use of the Rumble Wallet.

    You may also link to the Rumble Wallet provided that you do so in a way that indicates that the link is direct to the Rumble Wallet and is fair and not misleading. You may not integrate or make use of all or part of the Rumble Wallet in ways that would confuse or mislead visitors as to the nature and origin of the Rumble Wallet’s content.

    
    

11. Our responsibility for loss or damage suffered by you

    
    

    We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In addition, some jurisdictions do not allow us to exclude or limit our liability as described in this section. If you are located in one of these jurisdictions, this section may not apply to you and you may have additional rights. If you are dissatisfied with the services, you understand and agree that your sole and exclusive remedy is to discontinue using the Rumble Wallet.

    
    

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO RUMBLE WALLET.

    
    

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, RUMBLE WALLET, EXCEED US$100.

    
    

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR THE FOLLOWING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE:

    • LOSS OF PROFITS, SALES, BUSINESS, VALUE, OR REVENUE;
    • BUSINESS INTERRUPTION;
    • LOSS OF ANTICIPATED SAVINGS;
    • LOSS OF DATA;
    • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
    • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
    
    

    Further, we are acting as technology provider of a non-custodial cryptocurrency wallet only. You retain full responsibility, and neither we nor any of our shareholders, subsidiaries, or directors or officers thereof, assumes any responsibility with respect to any Crypto Transaction using Rumble Wallet’s connection to any third party cryptocurrency exchange (“Third Party Exchange”). We are not required to collate any information on any recipient. WE ARE NOT RESPONSIBLE, AND YOU RETAIN FULL RESPONSIBILITY, TO ENSURE THAT EACH PAYMENT USING RUMBLE WALLET’S CONNECTION TO A THIRD PARTY EXCHANGE IS MADE TO THE INTENDED RECIPIENT AND WE CANNOT GUARANTEE THAT ANY SUCH INTENDED CRYPTO TRANSACTION WILL BE SUCCESSFULLY COMPLETED, AND WE CANNOT REVERSE ANY SUCH CRYPTO TRANSACTION.

    
    

    You acknowledge that connecting to any Third Party Exchange incorporates experimental and novel technology and that the use of such technology involves a high degree of risk. For example, there are numerous reasons the Platform, the Rumble Wallet or the blockchain networks or blockchain-based or software tools that you use in connection with the Rumble Wallet could fail in an unexpected way, resulting in the total and absolute loss of your crypto assets.

    
    

    You understand and accept the risk of operational challenges related to the Rumble Wallet. For example, the Platform, the Rumble Wallet, the Third Party Exchanges and/or blockchain networks may experience or be the subject of cyber-attacks, unexpected surges in transaction volume, botting or activity or other operational or technical difficulties or vulnerabilities that may cause interruptions related to your use of the Services. You agree to accept the risk of a failure of the Rumble Wallet resulting from unanticipated or heightened technical difficulties or vulnerabilities, including those resulting from cyber-attacks. You agree to not hold Rumble liable for any related losses.

    
    

    You understand that all transactions conducted through the Rumble Wallet on Third party Exchanges are automatically processed onchain. By engaging in transactions on Third Party Exchanges using the Rumble Wallet, you acknowledge and consent to the automatic processing of all transactions in connection with the Rumble Wallet. You acknowledge and agree that onchain smart contracts may programmatically facilitate the transfer of crypto assets in connection with your Crypto Transactions. You further acknowledge and agree that Rumble does not take possession, custody or control over your crypto assets at any time or maintain administrative control over the smart contracts that comprise the Third Party Exchanges.

    
    

    You understand that all Third Party Exchanges with which the Rumble Wallet may be compatible remain under development, which creates technological and security risks when using the Rumble Wallet and the Rumble Wallet via the Third Party Exchanges, in addition to uncertainty relating to crypto assets and transactions more generally. You acknowledge that the cost of transacting on the compatible blockchains is variable and may increase at any time, thereby impacting any activities taking place on such blockchains, which may result in significant price fluctuations or increased prices when using the Rumble Wallet.

    
    

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU IRREVOCABLY AGREE AND ACKNOWLEDGE THAT NEITHER WE NOR ANY OF OUR SHAREHOLDERS, SUBSIDIARIES, OR DIRECTORS OR OFFICERS THEREOF ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR, AND NEITHER WE NOR ANY SUCH PERSON OR ENTITY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR, ANY LOSSES DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO RUMBLE WALLET’S CONNECTION TO ANY THIRD PARTY EXCHANGE.

    
    

12. We are not responsible for viruses

    
    

    We do not guarantee that Rumble Wallet or any content on it will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to Rumble Wallet. You should use your own virus protection software.

    
    

13. Injunctive relief

    
    

    You acknowledge that any use of Rumble Wallet contrary to these Terms, or any unpermitted transfer, sublicensing, copying or disclosure of technical information or materials related to Rumble Wallet, may cause irreparable injury to us or our affiliates. Under such circumstances, we or our affiliates will be entitled to equitable relief without posting a bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

    
    

14. Indemnity

    
    

    You agree that you will compensate Rumble (and our employees, contractors, directors, officers, agents, affiliates, licensors, and suppliers) in full for any damages, losses, costs and expenses, including reasonable attorneys’ and experts’ fees, we incur as a result of (i) any breach by you of these Terms or the EULA; ; (ii) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you or (iii) or any liability we incur because of the use of Rumble Wallet, any Third Party Exchanges or platforms, or the Platform by you, including any content or information you send or receive using Rumble Wallet or send to or via the Platform.

    
    

    You are also responsible for ensuring that all persons who access Rumble Wallet through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them. You agree to pay any and all costs, damages and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.

    
    

15. Application Store Additional License Terms

    
    

    Apple Application Store Additional License Terms: If you are accessing or using the Rumble Wallet application we make available for download from the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) application store (the “Rumble Wallet App for iOS”) the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms in respect of your access to or use of the Rumble Wallet App for iOS: (i) these Terms are concluded between you and Rumble Wallet, and not with Apple and Apple is not responsible for Rumble Wallet and content thereof is governed by these Terms; (ii) notwithstanding anything to the contrary hereunder, you may use the Rumble Wallet App for iOS only on an Apple branded device; (iii) you acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to Rumble Wallet (including the Rumble Wallet App for iOS); (iv) in the event of any failure of the Rumble Wallet App for iOS to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Rumble Wallet App for iOS (if any) to you; except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Rumble Wallet (including the Rumble Wallet App for iOS), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms; (v) any claim in connection with Rumble Wallet related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim; (vi) any third party claim that Rumble Wallet or your possession and use of the Rumble Wallet App for iOS infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim; (vii) you represent and warrant that you are not: (a) located in any 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; or (b) listed on any U.S. government list of prohibited or restricted parties; (viii) you may contact Rumble Wallet in writing regarding any - 10 -notices, questions, complaints or claims with respect to Rumble Wallet (including the Rumble Wallet App for iOS) by email to [email protected]; and (ix) Apple is a third party beneficiary to these Terms and may enforce these Terms against you.

    
    

    Google Play Additional License Terms: If you are accessing or using the Rumble Wallet application we make available for download from the ‘Google Play’ application store made available by Google LLC (Google LLC together with all of its affiliates, “Google”, such application the “Rumble Wallet App for Android”) the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms in respect of your access to or use of Rumble Wallet through the Rumble Wallet App for Android: (i) these Terms are concluded between you and Rumble Wallet, and not with Google and Google is not responsible for Rumble Wallet and content thereof is governed by these Terms; (ii) you acknowledge that Google has no obligation to furnish any maintenance or support services with respect to Rumble Wallet (including the Rumble Wallet App for Android); (iii) to the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to Rumble Wallet (including the Rumble Wallet App for Android), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms; (iv) any claim in connection with Rumble Wallet related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Google is not responsible for such claim; (v) any third party claim that Rumble Wallet or your possession and use of the Rumble Wallet App for Android infringes that third party’s intellectual property rights will be governed by these Terms, and Google will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim; (vi) you may contact Rumble Wallet in writing regarding any notices, questions, complaints or claims with respect to Rumble Wallet (including the Rumble Wallet App for Android) by email to [email protected]; and (vii) Google is a third party beneficiary to these Terms and may enforce these Terms against you.

    
    

16. General (including mandatory arbitration)

    
    

    Entire agreement: These terms of use constitute the entire agreement between you and Rumble and supersede any prior agreements between you and Rumble with respect to your use of the Rumble Wallet. Notwithstanding, your use of any other Rumble platform, including rumble.com, shall be subject to the applicable terms of use associated therewith. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third- party content or third-party software.

    
    

    Governing Law: These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida in the United States of America. Any transaction, dispute, controversy, claim or action arising from or related to your access or use of Rumble Wallet or these Terms shall be governed by the laws of the State of Florida, exclusive of choice-of-law principles.

    
    

    Force Majeure. We are not liable for any delay or failure of Rumble Wallet due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; disease pandemics; acts of any government or government official; computer, protocol or internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against by us (“Force Majeure Events”).

    
    

    Mandatory Arbitration:

    
    

    Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are resident in one of these jurisdictions, this section may not apply to you and you may have additional rights.

    
    

    Except for excluded claims described below, you and we each agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of Rumble Wallet at any time, will be subject to and finally resolved by confidential, binding arbitration and not in a class, representative or consolidated action or proceeding. If you are subject to the laws of the United States of America, the interpretation and enforceability of this arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Arbitration will be conducted through the use of videoconferencing technology (unless both arbitration parties agree that an in-person hearing is appropriate given the nature of the dispute) before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), as amended from time to time (the “Rules”). If the arbitration parties do not jointly appoint the arbitrator within thirty (30) days of the commencement of the arbitration, any vacancies will be filled by an arbitrator meeting the above qualifications selected by the AAA in accordance with the Rules. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If the arbitral parties do not promptly agree to the seat of arbitration if an in-person hearing is selected, the seat will be Sarasota, Florida. The language of the arbitral proceedings will be English. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in court. For claims less than $15,000, we will reimburse you for all initiating filing fees. Should you be deemed the losing party, the filing fees reimbursed by us will be added to the final arbitrator’s costs and fees award. The prevailing party will be entitled to its costs of the arbitration (including the arbitrator’s fees) and its reasonable attorney’s fees and costs.

    
    

    The following claims and causes of action will be excluded from arbitration as described in the paragraphs above: causes of action or claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property, including without limitation copyrights, trademarks, trade names, trade secrets, or patents or its confidential information or private data. Parties shall be at liberty to pursue claims or causes of actions excluded from arbitration through the courts of competent jurisdiction.

    The following claims and causes of action will be excluded from arbitration as described in the paragraphs above: causes of action or claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property, including without limitation copyrights, trademarks, trade names, trade secrets, or patents or its confidential information or private data. Parties shall be at liberty to pursue claims or causes of actions excluded from arbitration through the courts of competent jurisdiction.

    
    

    The arbitrator will have the power to hear and determine challenges to its jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. This authority extends to jurisdictional challenges with respect to both the subject matter of the dispute and the parties to the arbitration. Further, the arbitrator will have the power to determine the existence, validity, or scope of the contract of which an arbitration clause forms a part. For the purposes of challenges to the arbitrator’s jurisdiction, each clause within this section will be considered separable from any contract of which it forms a part. Any challenges to the jurisdiction of the arbitrator, except challenges based on the award itself, will be made not later than the notice of defense or, with respect to a counterclaim, the reply to the counterclaim; provided, however, that if a claim or counterclaim is later added or amended such a challenge may be made not later than the response to such claim or counterclaim as provided under Rules.

    
    

    You and we expressly intend and agree that: (a) class action and representative action procedures are hereby waived and will not be asserted, nor will they apply, in any arbitration pursuant to these Terms; (b) neither you nor we will assert class action or representative action claims against the other in arbitration or otherwise; (c) each of you and us will only submit our own, individual claims in arbitration and will not seek to represent the interests of any other person, or consolidate claims with any other person; (d) nothing in these Terms will be interpreted as your or our intent to arbitrate claims on a class or representative basis; and (e) any relief awarded to any one user of Rumble Wallet cannot and may not affect any other user. No adjudicator may consolidate or join more than one person’s claims and or otherwise preside over any form of a consolidated, representative, or class proceeding.

    
    

    You, we and any other arbitration parties will maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

    
    

    JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF RUMBLE WALLET BY YOU, AND/OR ANY OTHER MATTER INVOLVING YOU AND US.

    
    

    Severability: If an adjudicator of competent jurisdiction finds any provision of these Terms to be (or are otherwise) invalid, you nevertheless agree that the adjudicator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms shall remain in full force and effect.

    
    

    Waiver: If you breach these Terms and we choose to ignore your breach, we shall still be entitled to use our rights and remedies at a later date or in any other circumstances where you breach these Terms again.

    
    

    Electronic Communications; Acceptance: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that we may provide in connection with these Terms through publication on any part of Rumble Wallet. Such notices shall be deemed effective and received by you on the date on which the notice is published on any part of Rumble Wallet. These Terms may be accepted electronically, and it is the intention of the parties that such acceptance shall be deemed to be as valid as an original signature being applied to these Terms.

    
    

17. Our trademarks

    
    

    ‘Rumble’ and ‘Rumble Wallet’ are trademarks of Rumble. You are not permitted to use them without our approval.

    
    

18. End User License Agreement (EULA)

    
    

    1. License Grant

       
       

       UBQ SA (“UBQ”) and Tether Operations, S.A. de C.V. (“Tether”) each provides certain of the technology, content, tools and logos integrated into the Rumble Wallet (the “Third-Party Licensed Software”) to Rumble under license. The Third-Party Licensed Software are sub-licensed to you by Rumble on a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable basis, limited solely for the extent required to utilize the Rumble Wallet app in accordance with these Terms. Nothing in these Terms gives you any license (other than as set out in this paragraph), right, title, or ownership of, in or to any Third-Party Licensed Software. You agree not to appropriate, copy, display, reverse engineer, or use the Third-Party Licensed Software (or attempt any of the foregoing) without express, prior, written permission from UBQ, Tether or the owner, as applicable.

       
       

       UBQ or Tether may restrict, suspend or terminate, respectively require Rumble to restrict, suspend or terminate access by you to the Third-Party Licensed Software at any time.

       
       

    2. No Counterparty Relationship

       
       

       Neither UBQ or Tether are parties to any transactions between users of the Rumble Wallet. The presence or use of the Third-Party Licensed Software within the Rumble Wallet app does not constitute UBQ’s or Tether’s participation in, or endorsement of, any transaction. Your use of the Rumble Wallet app does not create a contractual relationship between you and UBQ or any of its affiliates (together, the “UBQ Group”), or you and Tether or any affiliates (together, the “Tether Group”) including as a customer or otherwise. Neither the UBQ Group nor the Tether Group is responsible for fulfilling, enforcing or resolving any transactions, issues or disputes related to the Rumble Wallet app or transactions that occur within or through the Rumble Wallet app.

       
       

       Neither UBQ or Tether makes any representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable laws, UBQ and Tether each expressly disclaims all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to the Third-Party Licensed Software. The Third-Party Licensed Software is offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

       
       

    3. Disclaimer of Liability

       
       

       To the maximum extent permitted by applicable law, you irrevocably agree and acknowledge that none of UBQ, Tether, any other member of the UBQ Group or any member of the Tether Group assumes any liability or responsibility for, and none of UBQ, Tether, any other member of the UBQ Group or any member of the Tether Group assumes any liability or responsibility for any losses directly or indirectly arising out of or related to, the Third-Party Licensed Software or the Rumble Wallet app. You hereby agree to release UBQ, Tether, each other member of the UBQ Group and each member of the Tether Group from liability for any and all such losses.

       
       

    4. Third Party Rights

       
       

       UBQ, Tether, each other member of the UBQ Group and each member of the Tether Group shall be able to enforce the rights granted, or purported to be granted, to it under paragraph (1) (License Grant), (2) (No Counterparty Relationship) and (3) (Disclaimer of Liability) of this EULA for its benefit as if it were a party hereunder.