What is the Rumble Studio Service?
Rumble Studio is an online public communication service that enables its users (Hosts) to create and produce media content (in particular podcasts) by inviting participants (Guests) to share content or record verbal contributions via the online interface made available by Rumble Studio in the form of a Software as a Service (SaaS). The podcasts are produced by the Hosts on their own account or on behalf of their own clients (Agency Hosts). Podcasts or other media content (Content) created through Rumble Studio are made available to the public by Hosts through third-party broadcast services or directly from the Rumble Studio service.
- A <first part> devoted to the general provisions applicable to the provision and use of our service;
- A <second part> devoted to the technical terms of operating the Rumble Studio SaaS.
- A <third part> completes our GTOU. This involves the rules relating to the management of Content created using our platform and broadcast via a third-party broadcasting service or directly from the Rumble Studio service. If you have a problem with any content created or distributed by a Rumble Studio User, we invite you to consult this dedicated section in our GTOU.
Part I - General Provisions
Acceptance of GTOU
1.1 Whether you are a Host or a Guest, you must agree to our GTOU before using the Rumble Studio Service. Your acceptance of our GTOU is given by activating a checkbox when you first use the Service.
1.2 If you are accepting the GTOU on behalf of a legal person (for example, as an employee or representative of the company for which you work), you warrant that you have the necessary powers or authorisations to contractually bind that legal person. You acknowledge that failure to comply with the GTOU when using the Service in the future will result in your liability and that of the legal person on whose behalf you are acting.
1.3 For the sake of clarity, if you are an Agency (as defined in Clause 2 below), you shall be solely responsible for using the Service on behalf of your clients and, as an end user of the Rumble Studio Service, you assume all of the obligations imposed on Hosts by our GTOU.
1.4 The GTOU constitute the entire agreement between Rumble Studio and the User in respect of the use of the Service. They shall apply exclusively, excluding all other provisions. By way of an exception to the above, Rumble Studio may agree to specific provisions with a Host as an addition to the GTOU. These provisions shall be documented in writing and expressly accepted by each of the parties involved. Any special conditions shall specify the rules of precedence applicable between the provisions they contain and the provisions of the GTOU.
In addition to terms defined in the context of the GTOU, where necessary, the following terms, the first letter of which is capitalized, have the meaning given to them in the GTOU below, regardless of whether they are used in the singular or plural.
“Administrator” means a private individual User appointed by a Host and authorised to use the Service for and on behalf of the Host in order to, inter alia, without limitation, review submitted content, follow-up on Guests, and coordinate the tasks necessary to create Contents.
“Agency” means a Host that uses the Service to create Content under its responsibility on behalf of its own clients.
“Content(s)” means podcasts or other media content produced and created through the Rumble Studio Service, whether or not broadcast by the Host through a Third-Party Service or directly through the Rumble Studio Service.
“Content Publisher” means any party, generally the Host, who takes the initiative to publish Content on a Third-Party Service or directly via the Rumble Studio Service.
“Guest” means the individual(s) who contribute(s) to the creation of Content by sharing items (images, texts, web links, etc.) and/or recording audio responses to questions asked by a Host in a script created by the Host using the Rumble Studio Service.
“Host” means a client of Rumble Studio, an end user of the Service, who creates Content and assumes responsibility for its communication to the public by means of a Third-Party Service or directly through the Rumble Studio Service.
“Rumble Studio” means a simplified joint stock company registered in the Meaux Trade and Company Registry under SIREN number 887 940 450, whose registered office is at 31 avenue André Marie Ampère in Champs-sur-Marne (77420), France.
“Service” or “Rumble Studio Service” or “Rumble Studio Software Service” means the Content recording, editing and production service made available to Users by Rumble Studio in the form of a Software as a Service (SaaS) accessible via the Rumble Studio Website.
“Third Party Service”: means a broadcast service provided by a third party and used by a Host to communicate Content to the public produced by the Host using the Rumble Studio Service.
“Rumble Studio Sites”: means all sub-domains of rumble.studio, rumblestudio.app and future domains registered by Rumble Studio, such as, but not limited to, the sub-domains app.rumble.studio, feed.rumble.studio, etc.
“User”: means a user of the Rumble Studio Service, i.e., a Host, Administrator or Guest.
Subscription to the Rumble Studio service
3.1 Access to the Rumble Studio Service / User Account
To access the Rumble Studio Service, Users shall:
- Provide Rumble Studio with a valid email address and ;
- Accept the GTOU by means of a checkbox.
Hosts and Administrators shall also create a password to facilitate future access to their User accounts. The use of an account shall be personal to each Host / Administrator. Hosts / Administrators shall be responsible for the confidentiality of their personal passwords, shall not share access to their account with any other User, and undertake to reset their passwords without delay in the event of accidental disclosure in accordance with Clause 6.4 of the GTOU.
3.2 Price Offers
Hosts can choose from a number of price options. Offers made by Rumble Studio shall be presented and regularly updated in the “pricing” section of the https://rumble.studio website.
3.3 Service Fee Payment
3.3.1 The service fee due to Rumble Studio shall be invoiced monthly or annually via the Rumble Studio Website or periodically (after prior acceptance by Rumble Studio) depending on the type of offer subscribed to by the Host.
3.3.2 Where the Rumble Studio Service is subscribed to by an Agency, the Agency shall always be liable for payment of the fee, regardless of whether the Service is used (i) by the Agency on behalf of its clients or (ii) by the clients themselves as Registered Hosts.
3.3.3 Early payment shall not give rise to a discount. In the event of late payment, and in accordance with Section L.441-10 of the French Commercial Code, the Host shall be liable for late payment penalties as of the day following the payment date shown on the invoice, without the need for any reminder. The penalty rate shall be equal to the interest rate applied by the European Central Bank to its most recent refinancing transaction plus 10 percentage points. In addition, for any delay in payment, the Host shall be liable ipso iure to pay a fixed recovery fee of EUR 40 under Article D 441-5 of the French Commercial Code. Rumble Studio may demand additional indemnification upon producing evidence (collection costs, bank charges, etc.).
Term / Termination
4.1 Application Term of the GTOU
4.1.1 The GTOU shall apply for an indefinite term during the entire period of use of the Rumble Studio Service and/or subscription to the Service offer.
4.1.2 Offers shall be subscribed to by Hosts for a minimum term of one (1) month or twelve (12) months depending on the payment terms selected by the Host. Beyond the minimum term, the Service offer shall be automatically renewed for identical terms, unless terminated by the Host at any time before the renewal date of the current offer.
4.1.3 A Host may change its subscription to the Rumble Studio Service at any time and no more than once (1) a month to subscribe to a higher offer (upgrade). The new offer shall be subscribed to for the term selected by the Host under Clause 4.1.2. This term shall start from the date of the subscription of the new offer. With the exception of the amount of the Service fee (see Clause 3.3 above), the performance of the GTOU shall not be affected by any change of offer and all the provisions of the GTOU shall remain in force.
4.2 Termination of the Service offer and the contract made by the GTOU
4.2.1 Offers shall be subscribed to for a fixed term and may not be terminated before the end of the current period.
4.2.2 Either party may terminate the Service offer and the contract formed under the GTOU (jointly, the “Contract”), in accordance with Articles 1224 et seq. of the French Civil Code, in the event of misconduct by the other party in the performance of the Contract.
4.2.3 More specifically, Rumble Studio shall be entitled to terminate the Contract in the event of failure to pay the Service fees on time or in the event of a breach by the User of the rules governing the use of Service which shall be deemed to constitute sufficiently serious breaches of the Contract within the meaning of Article 1224 above. Notice of termination shall be notified via the Rumble Studio Website or sent by electronic mail or by any other means enabling proof of actual delivery of the decision to terminate.
4.2.4 Termination or expiry of the Contract, for any reason whatsoever, shall have the following consequences:
- The User shall cease all use of the Service as of the actual termination date.
- The Stored Content may be subject to total or partial deletion, in accordance with the provisos of Clause 13.1 below.
- In accordance with the provisions of Article 1230 of the French Civil Code, the clauses of the Contract intended to remain in force even in the event of termination shall remain applicable after the actual termination date.
Provision of Service by Rumble Studio
5.1 Rumble Studio shall provide the Service in accordance with the terms and conditions described in the second part of the GTOU under a general obligation to provide reasonable commercial efforts (“obligation de moyens”).
5.2 The Service offered by Rumble Studio is a service consisting of standard software features as described in the second part of the GTOU. Rumble Studio is not in a position to guarantee that it will function in accordance with any specific expectations and/or particular needs of the User, but only in accordance with the main features described in the documentation presenting the Service. The Rumble Studio Service shall be provided to the extent set out in the GTOU, without any additional implied warranty.
5.3 Rumble Studio reserves the right to change the features and terms for providing the Service at any time.
Compliance with rules and principles applicable to the use of the service by users
6.1 For the sake of clarity, it should be noted that when the Rumble Studio Service is subscribed to by an Agency, the Service shall be used (i) either by the Agency itself on behalf of its own clients (in which case the Agency has the status of Host within the meanings of the GTOU), (ii) or by the Agency’s clients as end users of the Service (in which case the Agency’s clients have the status of Host and shall be required to agree to the GTOU prior to using the Service).
6.2 When an Agency uses the Service as Host, the Agency shall guarantee compliance with the principles set out in the present Clause 6 both by the Agency itself and by its own clients, who are the beneficiaries of Contents created by the Agency.
6.3 Where a Host subscribes to an offer that allows for the registration of multiple users, the Host shall undertake to ensure that each individual user complies with the GTOU and guarantee compliance to Rumble Studio in this respect.
6.4 Users shall be responsible for the confidentiality and security of passwords used to access the Service. In case a password is compromised or accidentally disclosed, a User shall proceed without delay to change its password. Rumble Studio shall not be liable for any data loss or dissemination of Content resulting from such compromise or disclosure.
6.5 Hosts and/or Users shall undertake to comply with the following principles at all times when using the Service:
6.5.1 Personal data and privacy: The Hosts shall comply with the regulations applicable to personal data processing (in accordance with the principles set out in Clause 14) and individual rights (more specifically the respect for the privacy of data subjects concerned by the Contents).
6.5.2 Compliance with third-party intellectual property rights: It shall be the exclusive responsibility of Hosts to ensure that items used for the creation of Contents do not infringe the intellectual property rights of a third party (more specifically copyright, performers’ rights, producers’ rights, or trademark rights) and/or do not constitute the breach of any business secrets. Hosts shall be required to obtain all necessary authorisations from any third parties involved prior to any use of protected items in a Content.
6.5.3 Prohibition of illegal contents: The use of illegal contents, of any form or nature, is strictly prohibited. Hosts shall refrain more specifically, but not exclusively, from using any content that is defamatory, misleading, racist, anti-Semitic, homophobic, violent or contrary to the laws protecting minors, in addition to any incitement of hatred or any other content that is contrary to law or to morality. This prohibition shall apply regardless of the medium for the Content used (e.g., voice recording, hyperlink to a third-party site, etc.)
6.5.4 Respect for the reputation of Users and of Rumble Studio: Users shall refrain from any communications that may damage the image or reputation of Rumble Studio or of the community of other Users.
6.5.5 Compliance with security principles: Hosts are required to implement technical and organisational measures required to ensure the protection of the information systems they use in order to access the Service. The measures implemented shall be state of the art (e.g., firewalls, antivirus, network connection controls, etc.). Hosts shall also refrain from any unauthorised access to Rumble Studio’s or its subcontractors’ information systems (in particular databases, servers and/or server partitions not intended for the Host) and shall ensure that they implement appropriate measures to control any risk of intentional or unintentional introduction of viruses, malware or other security flaws into Rumble Studio’s or its partners’ information systems.
6.6 Users shall immediately notify Rumble Studio at email@example.com of any use or practice contrary to the principles set out in the present Clause 6.
Authorisation granted by the Guest
7.1 As a Guest, you shall acknowledge that the communications and/or recordings of content (including audio) that you make using the Rumble Studio Service as part of an interview at the request of a Host are intended to be incorporated into a Content (e.g., a podcast) created by the Host with the Rumble Studio Service for subsequent communication to the public.
7.2 Accordingly, by accepting our GTOU and participating in one or more interviews on the Rumble Studio platform, you expressly authorise the Host(s) concerned to use your contributions and to incorporate them into a Content intended for communication to the public via a Third-Party Service or from the Rumble Studio Website, including for commercial purposes and/or to promote the Host’s product or service offerings. This authorisation to use and distribute is granted free of charge and for the whole world (taking into account the open nature of the Internet network and the distribution services used).
7.3 As a Guest, you have the right to approve, amend and/or delete contributions that you submit via the Rumble Studio platform. You may exercise these rights:
7.3.1 When submitting your contribution (by deleting your initial contribution before its final approval and submitting it again);
7.3.2 After the final approval of your online submission: By contacting the Host using the interface provided by Rumble Studio within the time period stated by the Host if an objection period has been specified by the Host (the “Objection Period”). At the end of the Objection Period, an approval to publish shall be deemed finally granted to the Host under Clause 7.2 above. Notice of any subsequent challenge to the Content by a Guest shall be notified in accordance with Clause 16.2.
7.3.3 As a Host, you undertake to deal with any requests for amendment or deletion notified by a Guest during the Objection Period and to convey the reasons for your decision to the Guest involved in the case of refusal to amend and/or delete.
8.1 Rumble Studio intellectual property
8.1.1 Rumble Studio is and shall remain the owner of all intellectual property rights relating to the software made available to Users as Software as Service (SaaS) and to the content of any kind accessible via Rumble Studio Sites (together, “Rumble Studio Content”).
8.1.2 The GTOU shall not entail any transfer or assignment of any of Rumble Studio’s intellectual property rights in Rumble Studio Content to a User or any third party under any legal terms whatsoever.
8.1.3 Rumble Studio shall grant Users a non-exclusive, individual, non-assignable and non-transferable right to use Rumble Studio Content within the limits required for the use of the Rumble Studio Service and in strict compliance with the GTOU.
8.1.4 The use of Rumble Studio Software Service via Rumble Studio Website shall also be subject to the following conditions and limitations:
- The use of Rumble Studio software shall be subject to the identification and access rights management rules set by each User under its sole responsibility;
- The right of use shall be limited to software in object code (subject to any software components that may be subject to an open-source licence);
- Any amendment or attempted amendment of Rumble Studio software shall be expressly prohibited. More specifically, copying, amending, decompiling, translating, attempting to access source code or creating derivative works from any Rumble Studio software is prohibited;
- Any request for information required for the interoperability of any Rumble Studio software must be addressed to Rumble Studio as a priority;
- In accordance with Section L.122-6-1 of the French Intellectual Property Code arising from the transposition of EC Directive 2009/24 of 23 April 2009, Rumble Studio reserves an exclusive right to correct any errors (or “bugs”) affecting any of Rumble Studio’s software.
8.1.5 Any use of Rumble Studio Content that does not comply with the terms of the GTOU:
- Shall be expressly prohibited and constitute a serious breach of the intellectual property rights of Rumble Studio and/or its licensors;
- Shall trigger the civil and/or criminal liability of a User;
- The gravity of the breach of contract shall justify termination of the offer of the Service and the contract embodied in the GTOU by Rumble Studio, with full entitlement and without further ado, without prejudice to the rights of Rumble Studio (and/or its licensors) to seek compensation for all suffered damages.
8.2 Hosts’ intellectual property
8.2.1 Hosts shall be and remain the owners of all intellectual property rights relating to Contents created with the Rumble Studio Service (subject to the rights of third parties as set out in Clause 6.5.2).
8.2.2 Hosts shall grant Rumble Studio, on a non-exclusive basis and for the entire world, the right to reproduce and/or communicate the Content Stored on the servers of Rumble Studio or its subcontractors to the public within the meanings of EC Directive 2001/29 (including the right to make any amendments or file conversions) for the purposes of and within the limits required for the provision of the Service. This licence shall also be granted to Rumble Studio’s subcontractors to the extent required to provide the Service. Without limiting the scope of the above, rights granted by the Host to Rumble Studio shall include the right to use the Host’s Stored Content to feed - on a statistical and non-nominal basis - the algorithms and other artificial intelligence tools developed by Rumble Studio to improve the quality of the Service. These rights shall be granted for the term of protection of the Stored Content.
The above authorisation shall cover the acts referred to in Article 17.1 of Directive 2019/790 of 17 April 2019 when the Content is distributed to the public via an online public communications service provided by Rumble Studio.
8.3 Guarantee against third party claims
8.3.1 Rumble Studio and the Hosts shall hold each other harmless against the financial consequences of any claims, proceedings or threats of legal action brought by third parties on the grounds that Rumble Studio Content or a Content created by a Host using the Rumble Studio Service infringes the intellectual property rights of any such third parties (hereinafter referred to as a “Third Party Action”).
8.3.2 This guarantee is granted under the following conditions:
- The party seeking the benefit of the guarantee (“Notifying Party”) shall promptly give notice to the other party (“Guarantor”) in writing of any Third-Party Action as soon as it has knowledge thereof;
- The Guarantor shall retain sole control over the strategy and defence used to challenge and/or defeat the Third-Party Action. The Notifying Party shall remain free to join in this defence (e.g., in the form of joinder in the proceedings). The corresponding costs (including legal fees) shall be borne by the Notifying Party;
- At the request of the Guarantor, the Notifying Party shall cooperate actively with the Guarantor in order, more specifically, to convey to it any items that are useful or required for the implementation of the defence. Any costs associated with this cooperation shall be borne by the Notifying Party;
- The Guarantor shall bear the cost of compensation for any damages awarded against the Notifying Party (i) by a court decision having the force of res judicata beyond appeal in the main proceedings or (ii) by a settlement made by the Guarantor. The Guarantor shall not be bound by the terms of any settlement or other arrangement negotiated by the Notifying Party with the relevant third party without its prior express written approval;
- The amount of compensation due by the Guarantor under the preceding paragraph may be lower than the amount of damages imposed on the Guarantor in the event that the latter were to fail to implement actions or measures to limit the damage suffered by the third party involved;
- This guarantee shall not apply in the event that the cause or origin of the Third-Party Action is the conduct of the Notifying Party (especially where the Third-Party Action is the consequence of the Notifying Party’s failure to comply with the GTOU).
9.1 General Principles
9.1.1 Rumble Studio shall be responsible for providing the Service in accordance with the principles set out in the GTOU. Rumble Studio’s responsibility shall be limited to the technical provision of a Service that meets the specifications set out on the Rumble Studio Sites and in the GTOU.
9.1.2 A Host shall assume sole liability for the Contents created with the Rumble Studio Service.
9.2 Compensatory Damages
9.2.1 In accordance with the provisos of Articles 1231-3 and 1231-4 of the French Civil Code, Rumble Studio and the Users are liable for direct, immediate and foreseeable damages caused to the other party due to a total or partial failure to perform their obligations under the GTOU.
9.2.2 Rumble Studio and the Users shall not be held liable for compensation for indirect, non-immediate and/or unforeseeable damages at the time the GTOU were concluded.
9.3 Force majeure
9.3.1 The Parties shall not be liable in the event of non-performance resulting from a case of force majeure.
9.3.2 Independently of the cases usually recognised by case law on the basis of the provisions of Article 1118 of the French Civil Code, Rumble Studio and the Users agree that the following events in particular shall be considered as constituting a case of force majeure; a natural disaster, a technological disaster, a strike or a popular movement, an act of terrorism, a cyber-attack or other security incident resulting from unknown or unclassified malware and/or security breaches affecting the ability of Rumble Studio and of the Users to operate normally within the context of providing or using the Service.
9.4 Indemnification Ceiling
9.4.1 The total amount of indemnification owed by one party to the other party under the GTOU (all causes of indemnification combined) shall not exceed an amount greater than [twelve (12) months] of fees excluding VAT.
9.4.2 The limit in Clause 9.4.1 shall not apply to any indemnification due under Clause 8.3, nor in the event of action based on an infringement of Rumble Studio’s intellectual property rights.
9.5 Limitation period for bringing an action
9.5.1 Any action to hold a party liable under the GTOU shall be brought within a maximum period of twelve (12) months following the date on which the plaintiff became aware of the event that gave rise to liability (or could not reasonably have been unaware thereof).
9.5.2 Any action brought after this period shall be considered inadmissible.
Evidence Agreement [“Convention de preuve”]
10.1 In accordance with Section 1356 of the French Civil Code, the parties have agreed that evidence of notices and of the various transmissions of information between Rumble Studio and Users during their interaction as part of the Service provided shall be performed using digital recordings from Rumble Studio’s digital systems (and from any subcontractors); such recordings being presumed to have been made and stored under conditions that guarantee their integrity within the meanings of Article 1366 of the French Civil Code.
10.2 Users hereby acknowledge and accept that the use of logins and passwords on the Rumble Studio Website constitutes an electronic signature within the meanings of Article 1367 of the French Civil Code and thus constitutes evidence of the Users’ actions and/or of their consent where this is required.
Applicable Law, Language and Jurisdiction
11.1 The GTOU and the relationship between Rumble Studio and Users in the context of providing and using the Service shall be governed by French law.
11.2 The GTOU were initially drafted in French. The English translation of the GTOU is provided for convenience purposes only. In case of conflict between the French version and the English version, the French version shall prevail.
11.3 In the event that a dispute arises between the parties due to a difficulty related to the formation, validity, performance, interpretation or termination of the GTOU (hereinafter a “Dispute”), the parties shall endeavour to find an amicable resolution within one (1) month.
11.4 IN THE ABSENCE OF AN AMICABLE RESOLUTION OF THE DISPUTE, EXCLUSIVE JURISDICTION SHALL BE GRANTED TO THE COMMERCIAL COURT OF PARIS, OR TO THE JUDICIAL COURT OF PARIS IN THE EVENT OF A DISPUTE INVOLVING INTELLECTUAL PROPERTY RIGHTS, INCLUDING FOR SUMMARY OR INTERIM PROCEEDINGS, AND NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY JOINDER.
Part II - Service Description and Operation
Functions for creating and distributing Contents
12.1.1 The Rumble Studio Service enables a Host:
- To easily create interview materials (questionnaires) either freely or based on suggestions from the Rumble Studio scripting wizard.
- To easily interact with Guests using artificial intelligence features that generate contextual questions based on answers provided by the Guest during the interview.
- To record Guests’ answers to the interview questionnaire, either live or asynchronously. The asynchronous interview feature enables a Host to invite one or more Guests who may then record their contribution at a time of their choice.
12.1.2 Guest contributions are automatically recorded by the Rumble Studio Service and the corresponding data (audio files in particular) are stored on Rumble Studio servers or those of its subcontractors for subsequent use by the Hosts and by Rumble Studio within the limits stated in Clause 8.2.
12.2.1 Rumble Studio Software Services also include online editing tools, which enables Hosts to:
- Access Guest contributions (audio files and other data provided in the interviews),
- Add (upload) and store additional content on the storage space made available to Hosts on Rumble Studio’s servers (e.g., jingles, illustrations or other graphic content intended, for example, to illustrate a publication in podcast form)
- Assemble and organise various components for creating and distributing multimedia content.
12.2.2 In accordance with the provisions of Clauses 6.5 and 8.3, the Host shall be responsible for the legality of the items included in the Content.
12.3.1 Communicating Content to the public shall be performed by the Host under its own responsibility in its capacity as Content editor.
12.3.2 Content produced using the Rumble Studio Service shall be distributed in one of the following ways:
- Access via a Third-Party Service from the Rumble Studio website (streaming): The Host shall make the Content available via the interface of the Third-Party Service by means of a link or an RSS feed enabling access to the Content stored on Rumble Studio’s servers (providing streaming );
- Hosting at a Third-Party Service: The Host shall transfer the Content created with the Rumble Studio Service to the servers of the Third-Party Service provider.
- Hosting and distribution via Rumble Studio: A Host makes the Content directly available through the Rumble Studio Site.
Technical arrangements for the provision of the service
13.1 Content Hosting
Contents, and more generally all items uploaded by a Host when using the Service (regardless of whether these items are used for the purposes of final Content or not) shall be hosted on Rumble Studio’s or its subcontractors’ servers (the “Stored Content”).
The storage capacity allocated to Hosts on Rumble Studio’s or its subcontractors’ servers shall depend on the service offer (free or against payment) subscribed to by the Host under Clause 3.2 of the GTOU. In the event of subscription to a lower level offer against payment (or non-renewal of an offer against payment), the storage capacity shall be automatically reduced by Rumble Studio. A reduction in storage capacity will result in all or part of the Stored Contents being temporarily or permanently inaccessible. At the end of a period of thirty (30) days from the date of the change that led to the reduction in storage capacity, Rumble Studio reserves the right to permanently and irreversibly delete all or part of the Contents Stored on Rumble Studio’s or its subcontractors’ servers, following one single notice sent by email to the address registered in the Host’s User account. Hosts acknowledge that they have been informed that if they fail to download all of the Stored Contents within a period of thirty (30) days, Rumble Studio cannot guarantee the availability of the Stored Contents.
Contents created may also be transferred to a Third-Party Service provider server with a view to its distribution to the public (see Clause 12.3.2 above).
Where Stored Contents include personal data within the meanings of applicable regulations, the third-party hosts shall act as “sub-processor” for Rumble Studio within the meanings of the General Data Protection Regulations (GDPR). Personal data shall be processed in accordance with the principles set out in Clause 14 and Appendix A.
13.2 Service Security
13.2.1 Rumble Studio implements technical and organisational measures in accordance with the state of the art in order to secure its information system and access to the Service as part of a general obligation of means [“obligation générale de moyens”].
13.2.2 Users hereby acknowledge that, given the state of the art and current techniques, and in particular the hazards associated with the use of open communication networks such as the Internet, Rumble Studio cannot guarantee that the Rumble Studio Service will not be subject to security incidents (such as an exploitation of a vulnerability and/or an attack by means of malware, and in particular unknown or unlisted vulnerabilities and/or malware) or that such security incidents will never affect the Stored Content. Users hereby declare that they accept these risks, which may affect the quality of the Service provided by Rumble Studio within the meanings of Article 1133 paragraph 3 of the French Civil Code.
13.3 Maintenance and Support
13.3.1 Rumble Studio shall be exclusively responsible for the Service’s development and corrective maintenance. All requests for assistance should be addressed to Rumble Studio at firstname.lastname@example.org.
13.3.2 Support requests related to the use of the Service should be directed to email@example.com. Where the Host subscribes to a multiple user registration package, the number of individual users allowed to contact the support service shall be limited to three (3) persons. In order to benefit from greater access to the support service and/or the implementation of a personalised “train the trainer” type training programme, Hosts are invited to contact Rumble Studio to agree special terms and conditions.
Personal data processing
Personal data included in the Stored Content shall be processed by the Host as data controller. Hosts shall be responsible for compliance with obligations incumbent in this regard under the French Data Protection Act No. 78-17 of 06 January 1978 as amended (“LIL”) and EU Regulation 2016/679 of 27 April 2016 (General Data Protection Regulation - “GDPR”).
For the purposes of providing the Service, Rumble Studio shall act as a data processor to Hosts. Rumble Studio shall act in accordance with and within the limits of the instructions documented in Appendix A.
The terms “data” or “personal data” shall have the same meaning as the term “personal data” in the GDPR. The terms “processing”, “data controller”, “data processor” or “recipient” are used in the GTOU and in Appendix A in accordance with the meaning given to them in Article 4 of the GDPR.
Part III - Content Management
15.1 This third part of the Rumble Studio GTOU is intended to serve as a guide for any User and/or any third party (hereinafter a “Notifier”) wishing to make a request for the removal of Content produced by a Host using the tools provided by Rumble Studio and made available to the public at the initiative of a Host via a Third-Party Service or directly via Rumble Studio.
15.2 As a Notifier, you are hereby informed that Rumble Studio cannot be held liable for Contents produced, created and published by a Host unless Rumble Studio is at fault in the implementation of its removal obligation.15.3 Where the disputed Content is distributed to the public via a Third-Party Service, the Notifier is invited, before directing a request to Rumble Studio, to make the removal request directly (i) to the Third-Party Service concerned and/or (ii) to the Host where the latter is identified or identifiable.
Handling of requests for removal from Notifiers
16.1 Requests made in support of a decision by an administrative or judicial authority
16.1.1 Rumble Studio shall respond positively and promptly to any request for removal or suspension made by an administrative authority or by a judicial authority or to a notice that includes a decision by an administrative or judicial authority, regardless of whether the latter have ruled on the unlawfulness of a Content on their own initiative or at the request of a third party. In such cases, the Host understands and accepts that Rumble Studio is under no obligation to provide information to the Host if the matter is referred to it by an administrative or judicial authority.
16.1.2 The Host understands and accepts that Rumble Studio shall, at the request of an administrative or judicial authority, disclose all connection and/or identification data held by Rumble Studio.
16.2 Requests made by a Guest
16.2.1 By virtue of the publication approval given by the Guest to the Host under Clause 7 of the GTOU, any illegality of Contents whose removal is requested by a Guest to Rumble Studio shall not be considered obvious or manifest within the meanings of Decision 2004-496 DC of the French Constitutional Council of 10 June 2004.
16.2.2 Accordingly, the Guest shall accept that any request for removal shall be subject to the adversarial principle.
16.2.3 In essence, any request for removal made by a Guest shall be submitted by Rumble Studio to the Host, which shall have seven (7) business days to convey its arguments to Rumble Studio and/or the Guest.
16.2.4 In the event of a disagreement based on arguments raised in good faith by a Host on a Guest’s request to remove, the dispute shall be submitted to the judicial authorities. Rumble Studio shall comply with the decision. It shall be the sole responsibility of the Host and/or Guest concerned to submit the dispute between them to the relevant jurisdiction. Rumble Studio shall entertain no responsibility in this regard.
16.3 Requests made in a capacity other than that of a Guest
16.3.1 Any request for removal made by a Notifier (other than a Guest) who has an interest in taking action must comply with a precise procedure to enable Rumble Studio to assess any obvious unlawful nature of the Content notified and to proceed, without prior intervention by the judicial authorities or an administrative authority, with the prompt removal of that Content.
16.3.2 The Notifier shall understand and accept that in the event of non-compliance with the formalities described below, Rumble Studio shall not be able to remove the disputed Content.
16.3.3 In this respect, it is pointed out hereby to the Notifier that certain Contents, insofar as they necessarily imply compliance with the adversarial principle, cannot be considered as manifestly unlawful by nature. This applies more specifically to Contents whose removal is requested on the basis of defamation, which cannot be removed without the Notifier producing a decision by the judicial authorities confirming the unlawful nature of this Content.
16.3.4 In any case, the notice must include the following items:
- The name and e-mail address of the Notifier;
- Proof of an attempt to contact the Third-Party Service concerned, the request for removal previously sent to it or any evidence that the Third-Party Service cannot be contacted.
- The URL from which the Content is distributed to the public, including if it is an online public distribution service provided by Rumble Studio.
- A detailed and legal explanation of why the Notifier considers the offending Content to be unlawful or to contain unlawful material. The Notifier shall thus mention the legal source on which its notice is based and explain how, in its opinion, the publication of the Content makes it eligible for removal.
- A sworn statement that the notice is given in good faith and that the information provided is accurate and complete.
- In general, all items to enable Rumble Studio to assess the manifest illegality of Content without any legal analysis or additional information being required to assess the illegality of the Content or of certain components thereof.
16.3.5 In the event of failure to comply with the formalities set out above, the Notifier shall understand that Rumble Studio will not be able to proceed with prompt removal of the Content and that it cannot be held liable for failure to comply with its obligations.
Sub-processing [“Sous-traitance”] of personal data processing for the provision of the Service