Terms of Use

Use of this Rooled, Inc., (“Rooled”) website is governed by the terms and conditions below (“Terms of Use”). By using this website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this website.

The servers that host this website are located in the United States, and any personal details you provide will be primarily processed by Rooled in the United States. For information about the way in which we use, process or share personal information, please refer to [link Privacy Policy].

Rooled may in its discretion modify the Terms of Use, the Content or any link at any time without liability or prior notice. These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and Rooled with respect to their subject matter and supersede any prior agreement or communication. Rooled may in its discretion terminate the browsing of, registration with and use of this website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

Intellectual Property Rights

Ownership

All content, text, images, data, information and other material displayed on this website (“Content”), including any intellectual property rights in such Content, including without limitation trademarks and copyrights (hereinafter “Intellectual Property Rights”), are the property of Rooled, its licensors or the designated owners, and are protected by applicable intellectual property laws.  Anything displayed on the website is copyrighted unless otherwise noted, and may not be used without our written permission, unless specifically provided for in this Terms of Use.

Authorized and Prohibited Uses

You may access, use and display this website the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and as long as you comply with these Terms of Use and applicable laws. You may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this website or the Content without our prior written permission.  You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this website or the Content.

User Content and Privacy

Except as provided in our website [link Privacy Policy], any Content that you submit to this website or Rooled (“User Content”) will be deemed to be non-confidential and may be disclosed through this website without control by Rooled, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this website or Rooled except for Content that is fully authorized for purposes of this website and these Terms of Use, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that Rooled shall have, and hereby grant to Rooled, a worldwide, royalty-free, perpetual, irrevocable, sub-licenseable, non-exclusive right and license to translate, reproduce, copy, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this website or Rooled. Rooled does not endorse any User Content, or third party product or service that may appear on this website. Nothing in these Terms of Use shall obligate Rooled to use any User Content you submit or permit the posting of such Content on this website.

The Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use.

Compliance with the Digital Millennium Copyright Act

Rooled respects the rights of all copyright holders.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Rooled at [email protected]  the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit Rooled to locate the Content;

(d) Information reasonably sufficient to permit Rooled to contact the complaining party;

(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Software Downloads

Any Rooled software that is made available to download from this website (“Software”) is the copyrighted work of Rooled or its business partners. Any Software is made available for downloading solely for your use pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

Linking

No link shall be made to any page of this website except a direct link to the top page without framing.  Moreover, in the event Rooled deems your linking practices in relation to this website to be inappropriate, Rooled may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Rooled relating thereto.

Good Samaritan Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable, or restrict access to the availability of Content on the website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Rooled any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the website.

Unsuitable or Illegal Content and Conduct

You agree to comply with all applicable laws in connection with your use of this website. You agree not to submit any Content to this website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

You will use this website only for the intended purpose and not engage in conduct or submit to this website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, infect with a virus or other malicious program compromise the website security, cause embarrassment or adverse publicity to Rooled.

You agree to cooperate with all reasonable requests of Rooled and will notify Rooled promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this website.

Warranty Disclaimers

This website, its content, and its links are provided on an “as is” basis and are used only at your sole risk, to the fullest extent permissible by law. Rooled disclaims all warranties, express or implied, of any kind, regarding this website (including its content, hardware, software and links) , or any third party websiteaccessed via a link, including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

Limitations on Liability and Remedies

Rooled’s entire liability and your exclusive remedy with respect to any dispute with rooled (including without limitation your use of the website) is to discontinue your use of the website. Rooled and its vendors shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of this website. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if rooled had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Rooled and its vendors’ liability in such state or jurisdiction shall be limited to the extent permitted by law. Rooled does not endorse, warrant or guarantee any product or service offered through this website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. In any event, if any of the above provisions in this section are not enforceable in an applicable jurisdiction, the maximum liability of Rooled will be limited to, in the sole discretion of Rooled, either the correction or deletion of any inaccurate content or link.

Indemnification

You agree to defend, indemnify and hold harmless Rooled and its affiliates, officers, directors, employees, business partners and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this website.

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this website or these Terms of Use (including without limitation the Privacy Policy), you agree to negotiate in good faith and undertake reasonable efforts to cooperate with Rooled in order to achieve a mutually satisfactory resolution. Rooled has no obligation to become involved in any dispute between a user and any other person.

This website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California. You agree that all such disputes shall be brought exclusively in the United States District Court of Northern California except if no basis for federal jurisdiction exists, then the dispute shall be brought exclusively in the Superior Court of Santa Clara County. You further agree that Rooled is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use.

Contacting Us

If you have any questions, please contact us at [email protected].