1. ACCEPTANCE OF TERMS
Welcome to Rolerai.com ("we" and
"us", as the case may be) provides the Service (as defined below) to
you, subject to the following Terms of Service ("TOS"), which may be
updated by us in our sole discretion from time to time without notice to you.
You agree that your continued use of the Service after such update will
constitute your acceptance of and agreement to be bound by the updated TOS. You
can review the most current version of the TOS at any time at: http://www.rolerai.com/tos.htm. In
addition, when using particular Rolerai.com owned or operated services, you and
Rolerai.com shall be subject to any posted guidelines or rules applicable to
such services, which may be posted from time to time. All such guidelines or
rules (including but not limited to our Spam Policy) are
hereby incorporated by reference into the TOS. In most cases the guidelines and
rules are specific to a particular part of the Service and will assist you in
applying the TOS to that part, but to the extent of any inconsistency between
the TOS and any guideline or rule, the TOS will prevail. Rolerai.com and/or its
holding, parent, subsidiary or related companies may also offer other services
that are governed by different Terms of Service , in which case the TOS do not
apply to such other services if and to the extent expressly excluded by such
different Terms of Services.
2. DESCRIPTION OF SERVICE
Rolerai.com provides users with access to a
rich collection of resources, including various communications tools, forums,
shopping services, search services, personalized content and classified ads
(the "Service") through its network of properties which may be
accessed through any various medium or device now known or hereafter developed
, including but not limited to the World Wide Web, mobile telephone or
communications services (such as SMS (Short Message Service)), and/or other
Internet or telecommunications services or protocols (such as WAP (Wireless
Application Protocol)) . You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for
Rolerai.com to provide the Service. You also understand and agree that the
Service may include certain communications from Rolerai.com, such as service
announcements, administrative messages and the Rolerai.com Newsletter, and that
these communications are considered part of Rolerai.com membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new Rolerai.com properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that
Rolerai.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to access the
Service.
Unless expressly stated otherwise, no
information presented in the Service or in connection with any products and
services forming part of the Service shall be deemed as a binding offer by us
or the relevant third party, but may constitute an invitation for you to place
an order. In respect of contracts for our or any third party's products and
services which are made available as part of the Service, these shall be deemed
concluded when we or the relevant third party have accepted your order for the
same or have provided you with the product or service pursuant to your order.
Please be aware that Rolerai.com has created
certain areas on the Service that are restricted from general viewing and you
must fulfill the specified conditions to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you represent that you are of legal age to form a binding contract and are not
a person barred from receiving services under the laws of United State or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Rolerai.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Rolerai.com
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). Rolerai.com is
concerned about the safety and privacy of all its users, particularly children.
However, please remember that the Service is designed to appeal to a broad
audience. Accordingly, if you are a parent or legal guardian, it is your
responsibility to determine whether any of the Services and/or Content (as
defined in Section 6 below) are appropriate for your child. Similarly, if you
are a child, please consult with your parent or legal guardian as to whether
any of the Services and/or Content is appropriate for you.
4. ROLERAI.COM PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy which is incorporated by
reference into and made a part of this TOS. By giving or making available the
Registration Data and such other information about yourself to us, you agree
and acknowledge that we may use or release such information to third parties as
specified in the Privacy Policy, and that you give consent to such use or
disclosure. You further agree that providing us with your Registration Data
and/or using the Service, you expressly request to receive and consent to
receiving communications and materials from Rolerai.com from time to time. For
more information, see our full privacy policy at http://www.rolerai.com/privacy.html.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by Rolerai.com and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account and
are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Rolerai.com of any unauthorized
use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Rolerai.com cannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data,
text, software, music, sound, photographs, graphics, video, messages, tags, or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such Content
originated. This means that you, and not Rolerai.com, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make
available via the Service. Rolerai.com does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will Rolerai.com or our licensors, suppliers, vendors, parent, holding,
subsidiary or related companies, affiliates, officers, agents or employees, as
the case may be, be liable in any way for any Content, including, but not
limited to, any exposure to offensive, indecent or objectionable Content, any
errors or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
(a) upload, post, email, transmit or
otherwise make available any Content that is harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another's privacy, subversive, hateful, or racially, ethnically or
otherwise objectionable or contrary to public interest, public order or
national harmony in all relevant jurisdictions;
(b) harm minors in any way;
(c) impersonate any person or entity,
including, but not limited to, a Rolerai.com official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
(d) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service;
(e) upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
(f) upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping) that are designated for such purpose
(please read our complete Spam Policy);
(h) upload, post, email, transmit or
otherwise make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
(i) disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or
another person's use of the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
(k) intentionally or unintentionally violate
any applicable law, statute, ordinance, regulation, rule or code, including,
but not limited to, any regulations, rules, notices, instructions or directives
of any regulatory body or authority, governmental agency or national or other
securities exchange ;
(l) provide material support or resources (or
to conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
(m) "stalk" or otherwise harass
another;
You acknowledge that Rolerai.com may or may
not pre-screen Content, but that Rolerai.com and its designees shall have the
right (but not the obligation) in their sole discretion to pre-screen, refuse,
move or remove any Content that is available via the Service. Without limiting
the foregoing, Rolerai.com and its designees shall have the right to remove any
Content (whether or not provided by you) that we believe in good faith violates
the TOS or that has been alleged to infringe any intellectual property or that
is otherwise objectionable in our sole opinion, without being liable to you in
any way for any loss or damage arising from such removal. You agree that you
must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
Rolerai.com or submitted to Rolerai.com, including without limitation
information in Rolerai.com Message Boards and in all other parts of the
Service.
You acknowledge, consent and agree that
Rolerai.com may in its sole discretion access, preserve and disclose your
account information and Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or personal safety of
Rolerai.com, its users and the public.
You understand that the technical processing
and transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand that the Service and software
embodied within the Service may include security components that permit digital
materials to be protected, and that use of these materials is subject to usage
rules set by Rolerai.com and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
7. NATURE OF COMMUNICATIONS ON ROLERAI.COM
NETWORK
When you register with Rolerai.com, you
acknowledge that in using the Services to send electronic communications, you
will be causing communications to be sent through Rolerai.com's computer
networks, portions of which are located in one jurisdiction, and other
locations in other jurisdictions and portions of which are located in other
jurisdictions. As a result, and also as a result of Rolerai.com's network
architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature can
result in the transmission of interstate communications regardless of where you
are physically located at the time of transmission. Accordingly, by agreeing to
this Terms of Service, you acknowledge that use of the service results in
interstate data transmissions.
Rolerai.com Forums, including any web-based
versions, will allow you and the people with whom you communicate to save your
conversations in your Rolerai.com accounts located on Rolerai.com servers. This
means you can access and search your message history from any computer with
access to the internet. Whether or not you use this feature, other users may
choose to use it to save conversations with you in their account on Rolerai.com
too. Your agreement to this TOS constitutes your consent to allow Rolerai.com to
store these communications on its servers.
10. CONTRIBUTIONS TO ROLERAI.COM
By submitting ideas, suggestions, documents,
and/or proposals ("Contributions") to Rolerai.com through its
suggestion or feedback webpages, you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information; (b)
Rolerai.com is not under any obligation of confidentiality, express or implied,
with respect to the Contributions; (c) Rolerai.com shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any purpose,
in any way, in any media worldwide; (d) Rolerai.com may have something similar
to the Contributions already under consideration or in development; (e) your
Contributions automatically become the property of Rolerai.com without any
obligation of Rolerai.com to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from Rolerai.com under any
circumstances.
11. INDEMNITY
You agree to indemnify and hold Rolerai.com
and its parent, holding, subsidiary, affiliated and related companies,
officers, agents, employees, partners, suppliers, vendors, co-branders,
licensors harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit,
post, transmit or otherwise make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another or your breach of any applicable law.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes, any portion of the
Service (including your Rolerai.com ID), use of the Service, or access to the
Service.
13. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Rolerai.com may, in its
sole discretion, establish general practices and limits concerning use of the
Service, including without limitation the manner in which the Service is used,
the maximum number of days that private messages, message board postings or
other uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
Rolerai.com's servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that Rolerai.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by or made available through the Service. You
acknowledge that Rolerai.com reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Rolerai.com reserves the right to modify these general practices and limits
from time to time , in our sole discretion, with or without notice, and you
agree that your continued use of the Service after such modification will
constitute your acceptance of and agreement to be bound by the modified general
practices and limits.
14. MODIFICATIONS TO SERVICE
Rolerai.com reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that
Rolerai.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
15. TERMINATION
You agree that Rolerai.com may, under certain
circumstances and without prior notice, immediately terminate your Rolerai.com
account, any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches or
violations or purported breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods
of inactivity, (g) engagement by you in inhumane activities, and/or (h)
nonpayment of any fees owed by you in connection with the Services. Further,
you agree that all terminations for cause shall be made in Rolerai.com's sole
discretion and that Rolerai.com shall not be liable to you or any third party for
any termination of your account, any associated email address, or access to the
Service.
16. DEALINGS WITH ADVERTISERS
The Service may also include access to
products and services of independent third parties either directly or via links
to sites operated by such third party advertisers. Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertisers,
even where it is in relation to any products or services that are co-branded
with us which may include our trademarks. You agree that Rolerai.com shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
17. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because Rolerai.com
has no control over such sites and resources, you acknowledge and agree that
Rolerai.com is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that Rolerai.com shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods or services available on or through any such site or
resource.
18. NOTICE
Rolerai.com may provide you with notices,
including those regarding changes to the TOS, by email, regular mail or
postings on the Service. You agree that such notices by email or regular mail,
and such display of notices or links to notices to you generally on the
Service, will constitute sufficient and adequate notice to you of the matters
contained therein.
19. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the
entire agreement between you and Rolerai.com and governs your use of the
Service, superseding any prior understandings, statements, representations and
agreements between you and Rolerai.com with respect to the Service. For the
avoidance of doubt, you and us are the only parties to the TOS. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other Rolerai.com services, affiliate services, third-party
content or third-party software.
20. VIOLATIONS
Please report any violations of the TOS to
our Staff group.