User Agreement and Terms of Use
December 5, 2008
1. This is a legally binding agreement between you, an individual person, hereinafter called the “User,” and ROROTOKO LLC, a company of the State of Delaware, United States of America, hereinafter called the “Company.” Your election to use the website located at www.rorotoko.com, hereinafter called the “Site,” in its entirety or in part, including any of the features available through the Site, expresses your agreement to abide by all the terms and conditions expressed in this User Agreement and Terms of Use, hereinafter called the “Agreement.”
2. The Company owns and operates the Site and may add, remove, or change portions of this Agreement or this entire Agreement at any time. Any such modification of the Agreement becomes effective immediately upon its publication on the Site. The User understands that each instance of usage of the Site requires and implies prior review of the current version of the Agreement by the User. The User’s choice to use the Site, or any of the services available through the Site, expresses the User’s full agreement with the current version of the Agreement published on the Site.
3. The Site publishes textual and visual material, hereinafter called the “Contents,” for personal and noncommercial use by the User, and free of charge to the User. The User agrees that the Company may change, suspend, or discontinue any aspect of the Site at any time, at its sole discretion, without notice or liability. The User agrees that the Company assumes no liability for any of the User’s activities in connection with the Site. The User agrees not to use the Site for any unlawful purpose.
4. The User agrees that all Contents the User may encounter on the Site are protected by copyright under United States copyright and other foreign laws. Specifically, all of the Site’s Contents are copyright property of the Company and/or published under license to the Company. The User agrees to abide by all additional copyright notices or restrictions contained in the Site.
5. The User may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works based on, transmit, or in any way exploit the Site’s Contents, in whole or in part. The User may not use the Site’s Contents to construct any kind of database. In addition, the User may not display the Site’s Contents on another web site or service, including but not limited to weblogs, newsgroups, and mail lists.
6. The User may download from the Site parts of the Contents for her or his own personal and noncommercial use, in which case the User agrees to maintain all copyright and other legal notices originally contained in such Contents. Examples of such personal and noncommercial use include making one machine readable copy and/or one print copy that is limited to occasional items from the Contents of the Site that are of interest to the User.
7. The User may create web links to any URL on the Site, and the User may use any sharing tool and/or function made available to the User through the Site for the purpose of announcing to others selected items from the Site’s Contents or for announcing to others the Site itself. Without limiting the generality of the foregoing, the User may not distribute any part of the Site’s Contents over any network, including a local area network, nor sell nor offer it for sale. The User may display on another web site or service the headlines of the Site’s RSS feed conditionally upon inclusion of active links to the relevant item of Contents published on the Site.
8. The Site invites the User to comment on and engage in discussions regarding the Contents published on the Site. In order for the User to be able to participate in the member features provided through the Site, the Site requires the User to register as a member of the Site. The User must be at least 18 (eighteen) years of age in order to be eligible for such membership.
9. The Site requires that the User identifies her- or himself truthfully by using her or his own first and last name as well as a valid email address for registering as a member of the Site. The Site encourages but does not require the User to complete a basic demographic survey when registering as a member of the Site.
10. The User agrees to maintain the User’s member profile up to date, especially by updating the User’s member profile for any change of email address. The Company reserves the right to email the User with information about the User’s membership as well as with information about any changes with regard to and/or new features added to the Site. If the User fails to update her or his member email address, then any notice the Company sends to the User’s last updated member email address shall be deemed sufficient notice.
11. The User is encouraged but not required to use her or his own first and last name as a screen name for the purpose of participating in the Site’s member features. The Company may, at its sole discretion, refuse to grant the User any particular screen name that the Company may perceive as offensive, as impersonating someone other than the User, or as protected by trademark or other laws.
12. The User agrees that the User is the only person who may use the User’s member login name and password and screen name for the purpose of participating in the member features provided through the Site. The User agrees that the User may not share her or his member login name and password with third parties, and the User understand that such sharing of the User’s member login name and password with third parties will provide those third parties with the ability to review information about the User’s membership and make changes to it.
13. The User is solely responsible for maintaining the confidentiality of the User’s member login name and password. If the User suspects that the User’s member login name and password have been compromised, the User agrees that it is the User’s own responsibility to contact the Company promptly by emailing to users[at]rorotoko[dot]com.
14. The information submitted by the User as part of the member registration process with the Site, and any other information about the User collected automatically as a consequence of the User’s logging into the Site, may be stored and processed in the United States of America and/or in any other country where the Company purchases services of data hosting and data management. The election to use the Site expresses the User’s full consent to the transfer of such information within and outside of the User’s country of residence.
15. In order to comply with any applicable laws and/or requests under legal process, and in order to safeguard the interests of the Site as well as of other users, the Company reserves the right to disclose any information it has about the User to the appropriate law enforcement agencies and/or to other relevant entities.
16. The Company reserves the right to restrict or terminate the User’s membership as well as access to the Site if, in the Company’s discretionary opinion, the User’s use of the Site or any of its features may appear to violate any laws, regulations or rulings, infringe upon another person’s or entity’s rights, or violate the terms of this Agreement. The User may terminate her of his membership in the Site at any time and without reason by emailing to users[at]rorotoko[dot]com.
17. The Site invites the User to comment on and engage in discussions regarding the Contents published on the Site. Any such participation, including all text and visuals the User submits to the Site, hereafter called the “User Submissions,” is subject to the terms and conditions set forth in this Agreement.
18. By submitting any form of User Submissions to the Site, the User represents and warrants that the User is solely responsible for the content of her or his submissions.
19. The User agrees that User Submissions encountered on the Site contain information and views and opinions submitted by numerous other users of the Site. The User agrees that User Submissions encountered on the Site are presented to the User without any endorsement by the Company and do not represent the positions of the Company.
20. The Company does not routinely screen, review, or edit User Submissions, and the Company advises the User that User Submissions encountered on the Site may be erroneous and/or misleading and/or offensive. Without limiting the generality of the foregoing, the Company reserves the right to monitor or remove any User Submissions from the Site at its sole discretion, at any time, and without notice or liability.
21. The User agrees that the Company will exercise its right to remove from the Site the User Submissions submitted to the Site by the User at the Company’s sole discretion, at any time, and without notice or liability. The Company’s right to remove User Submissions extends to any and all submissions made by the User, in whole or in part, including the User’s member registration with the Site.
22. By submitting any form of User Submissions to the Site, the User represents and warrants that the User is the author of the material the User submits to the Site and that the User possesses all the necessary legal rights to submit such User Submissions and that such submission is not abusive, libelous, defamatory, obscene, pornographic, unlawful, and does not violate the rights of any person or entity. The User acknowledges that hate speech of any kind, including but not limited to speech that negatively discriminates on the basis of gender, race, age, disability, nationality, religion, political creed, sexual orientation, etc., may lead the Company to terminate the User’s membership to the Site.
23. The User represents and warrants and covenants that no materials of any kind submitted by the User violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. The User hereby indemnifies, defends, and holds harmless the Company and the Site, and any and all current and future officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees, of the Company and/or the Site, from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Company Parties in connection with any claim arising out of any breach by the User of this Agreement or the foregoing representations, warranties and covenants. The User agrees to cooperate fully in the defense of any such claim. The Company and the Site reserve the right to assume the exclusive defense and control of any matter subject to indemnification by the User.
24. The User agrees that by submitting User Submissions to the Site the User grants the Company and its successors a non-exclusive, transferable, sub-licensable, world-wide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, perform, display, reproduce, and create derivative works based on, host, index, cache, tag, encode, modify and adapt the User Submissions submitted by the User, in whole or in part, in all languages, in any and all media and manners now known or invented in the future.
25. The User grants the Company the right to display on the Site and for related online and offline promotional uses, and the right to authorize the use of User Submissions submitted by the User, in whole or in part, by other users of the Site and any other current and future third parties in accordance with the terms and conditions of this Agreement.
26. The Company routinely displays on the Site advertising messages from third parties as well as links to other web sites or services from third parties, and the Company may provide the User with the ability to use such third party services through the Site. The User agrees that the Company does not control any and all such third party messages, websites, and services. The User agrees that the Company is not responsible for the consequences that may be deemed to arise from the User’s encounter of advertising messages published on the Site; and/or any and all textual and visual material available through the site, including Contents, User Submissions, and other third party contents; and/or services provided by any and all third parties the User encounters through the Site.
27. The User agrees that the User’s use of the Site and all of what it contains is entirely at the User’s own risk and on “As-Is” and “As-Available” bases. The Company explicitly disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of benefits, title, use, or fitness for particular purposes. The User acknowledges that the Company and the Site do not provide any form of professional advice, including but not limited to medical advice, nutritional advice, psychological advice, legal advice, accounting advice, tax advice, investment advice, etc.
28. The User agrees that the Company, the Site, and any and all current and future officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees, of the Company and/or the Site, will not be liable, jointly or severally, to the User or any other person or entity for the User’s use of the Site and/or any indirect, consequential, special, incidental, punitive, or exemplary damages, that may be deemed related to the User’s use of the Site and the User’s exposure to the textual and visual materials and any and all features available through the Site.
29. When this Agreement comes to an end, all of the rights, obligations, and liabilities that the User and the Company have benefited from and/or been subject to and/or are expressed to continue indefinitely, shall remain unaffected by the cessation. The User agrees that if the Company does not exercise or enforce any legal right or remedy contained in this Agreement, or which the Company has the benefit of under any applicable law, this will not signify a waiver of the Company’s rights, and those rights and remedies will still be available to the Company.
30. The User and the Company agree that this Agreement as well as any and all claims arising from it are governed by the laws of the State of Delaware, United States of America, without regard to any conflict or law principles. The User and the Company agree to submit to the exclusive jurisdiction of the courts of the State of Delaware to resolve any legal matter that may arise in connection with the agreements covered in this Agreement.
31. The User and the Company agree that if any provision of this Agreement is determined by a court of arbitrator to be invalid, unenforceable, or otherwise ineffective, that provision shall be severed from the rest of this Agreement, and the remaining provisions shall remain in effect and enforceable.
32. The User and the Company agree that this Agreement contains the entire agreement and understanding between the User and the Company, and that the User may not assign her or his rights or obligations under this Agreement to anyone.
December 5, 2008
http://www.rorotoko.com/index.php/info/user_agreement/
