Legal
Roxer Terms of Service
Roxer.com is a service provider that allows
Members to create and host websites live online. The services offered
by Roxer.com ("Roxer.com" or "we") include the Roxer.com website (the
"Roxer Website"), the hosting of domains and Roxer.com pages, and any
other features, content, or Boxes ("Roxer Web Applications") offered
and updated from time to time by Roxer.com or it's "Members"
(individuals that have registered with Roxer.com) of Roxer.com in
connection with the Roxer Website (collectively, the "Roxer Services").
The Roxer Services are hosted in the U.S.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding terms for your
use of the Roxer Services. By using the Roxer Services, you agree to be
bound by this Agreement, whether you are a "Visitor" (which means that
you simply browse the Roxer Website) or you are a "Member" (which means
that you have registered with Roxer.com). The term "User" refers to a
Visitor or a Member. You are only authorized to use the Roxer Services
(regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and to this Agreement. Please read this
Agreement carefully and save it. If you do not agree with it, you
should leave the Roxer Website and discontinue use of all Roxer
Services immediately. If you wish to become a Member, share Boxes with
other Members and make use of the Roxer Services, you must read this
Agreement and indicate your acceptance during the Registration process.
This
Agreement includes Roxer.com's policy for acceptable use of the Roxer
Services and Content posted on the Roxer Website, your rights,
obligations and restrictions regarding your use of the Roxer Services
and Roxer.com's Privacy Policy. Unless otherwise provided by the
additional terms and conditions applicable to the Roxer Services in
which you choose to participate, those additional terms are hereby
incorporated into this Agreement. You may receive a copy of this
Agreement by emailing us at: privacy@roxer.com, Subject: Terms of
Service Agreement.
Roxer.com may modify this Agreement from time
to time and such modification shall be effective upon posting by
Roxer.com on the Roxer Website. You agree to be bound to any changes to
this Agreement when you use the Roxer Services after any such
modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes.
Please
choose carefully the information you post on Roxer.com and that you
provide to other Users. Your Roxer.com website may not include the
following items: photographs containing nudity, or unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, lewd,
obscene, excessively violent, harassing, libelous, sexually explicit,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable. Despite this prohibition, information provided
by other Roxer.com Members (for instance, in their Website) may contain
inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and Roxer.com assumes no responsibility or
liability for this material. If you become aware of misuse of the Roxer
Services by any person, please contact Roxer or email us at:
abuse@roxer.com, Subject: Inappropriate Content.
Roxer.com
reserves the right, in its sole discretion, to reject, refuse to host
or remove any content (including Boxes) generated by you, or to
restrict, suspend, or terminate your access to all or any part of the
Roxer Services at any time, for any or no reason, with or without prior
notice, and without liability. Roxer expressly reserves the right to
remove your account and/or restrict, suspend, or terminate your access
to any part of Roxer Services if Roxer determines, in its sole
discretion, that you pose a threat to Roxer and/or its Users.
1. Eligibility. Use of and Membership in the Roxer Services is void
where prohibited. By using the Roxer Services, you represent and
warrant that (a) all registration information you submit is truthful
and accurate; (b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older, or are operating Roxer with
permission and under the supervision of a Parent or Guardian; and (d)
your use of the Roxer Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe any of these terms of
elegibility have been violated.
2. Term. This Agreement shall
remain in full force and effect while you use the Roxer Services or are
a Member. You may terminate your Membership at any time, for any
reason, by following the instructions on the Member's Account Settings
page. Roxer.com may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will
remain in effect, including sections 5-17.
3. Fees. You
acknowledge that Roxer.com reserves the right to charge for the Roxer
Services and to change its fees from time to time in its discretion. If
Roxer.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused
portion of subscription fees.
4. Password. When you sign up to
become a Member, you will also be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third
party. You agree to notify Roxer.com immediately if you suspect any
unauthorized use of your account or access to your password. You are
solely responsible for any and all use of your account.
5.
Non-commercial Use of free accounts by Members. The Free Roxer Services are for the personal
use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by Roxer.com. Illegal and/or unauthorized use of the Roxer
Services, including collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Roxer
Website is prohibited. Commercial advertisements, affiliate links, and
other forms of solicitation may be removed from Member profiles without
notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized
use of the Roxer Services.
6. Proprietary Rights in Content on Roxer.com.
6.1. Roxer.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or
any other materials (collectively, "Content") that you post to the
Roxer Services. After posting your Content to the Roxer Services, you
continue to retain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content on or through the
Roxer Services, you hereby grant to Roxer.com a limited license to use,
modify, publicly perform, publicly display, reproduce, and distribute
such Content solely on and through the Roxer Services.
Without this license, Roxer.com would be unable to provide the Roxer
Services. For example, without the right to modify Member Content,
Roxer.com would not be able to display Boxes or content of Boxes
Members submit or otherwise format Content to satisfy technical
requirements, and without the right to publicly perform Member Content,
Roxer.com could not allow Users view or edit Boxes posted by Members.
The license you grant to Roxer.com is non-exclusive (meaning you are
free to license your Content to anyone else in addition to Roxer.com),
fully-paid and royalty-free (meaning that Roxer.com is not required to
pay you for the use on the Roxer Services of the Content that you
post), sublicensable (so that Roxer.com is able to use its affiliates
and subcontractors such as Internet content delivery networks to
provide the Roxer Services), and worldwide (because the Internet and
the Roxer Services are global in reach). This license will terminate at
the time you remove your Content from the Roxer Services. The license
does not grant Roxer.com the right to sell your Content, nor does the
license grant Roxer.com the right to distribute your Content outside of
the Roxer Services.
6.2. You represent and warrant that:
(i) you own the Content posted by you on or through the Roxer Services
or otherwise have the right to grant the license set forth in this
section, and (ii) the posting of your Content on or through the Roxer
Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You
agree to pay for all royalties, fees, and any other monies owing any
person by reason of any Content posted by you to or through the Roxer
Services.
6.3. The Roxer Services contain Content of
Roxer.com ("Roxer.com Content"). Roxer.com Content is protected by
copyright, trademark, patent, trade secret and other laws, and
Roxer.com owns and retains all rights in the Roxer.com Content and the
Roxer Services. Roxer.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the Roxer.com Content
(excluding any software code) solely for your personal use in
connection with viewing the Roxer Website and using the Roxer Services.
6.4. The Roxer Services contain Content of Users and other Roxer.com
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display,
or sell any Content appearing on or through the Roxer Services.
7. Content Posted.
7.1. Roxer.com may delete any Content that in the sole judgment of
Roxer.com violates this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any person.
Roxer.com assumes no responsibility for monitoring the Roxer Services
for inappropriate Content or conduct. If at any time Roxer.com chooses,
in its sole discretion, to monitor the Roxer Services, Roxer.com
nonetheless assumes no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility for
the conduct of the User submitting any such Content.
7.2.
You are solely responsible for the Content that you post on or through
any of the Roxer Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
Roxer.com does not endorse and has no control over the Content. Content
is not necessarily reviewed by Roxer.com prior to posting and does not
necessarily reflect the opinions or policies of Roxer.com. Roxer.com
makes no warranties, express or implied, as to the Content or to the
accuracy and reliability of the Content or any material or information
that you transmit to other Members.
8. Content/Activity
Prohibited. The following is a partial list of the kind of Content that
is illegal or prohibited to post on or through the Roxer Services.
Roxer.com reserves the right to investigate and take appropriate legal
action against anyone who, in Roxer.com's sole discretion, violates
this provision, including without limitation, removing the offending
communication from the Roxer Services and terminating the Membership of
such violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of Roxer.com:
8.1. is
patently offensive and promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
8.2. harasses or advocates harassment of another person;
8.3. exploits people in a sexual or violent manner;
8.4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
8.5. solicits personal information from anyone under 18;
8.6. harms minors in any way;
8.7. promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
8.8. promotes an illegal
or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
8.9. involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10. contains restricted or password only access pages or hidden pages
or images (those not linked to or from another accessible page);
8.11. furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
8.12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13. involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes; or,
8.14. includes a photograph of another person that you have posted without that person's consent.
9. The following is a partial list of the kind of activity that is
illegal or prohibited on the Roxer Website and through your use of the
Roxer Services. Roxer.com reserves the right to investigate and take
appropriate legal action against anyone who, in Roxer.com's sole
discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
9.1. criminal or tortious
activity, including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
9.2. any automated use of the system, such as using scripts to add friends or send comments or messages;
9.3. interfering with, disrupting, or creating an undue burden on the
Roxer Services or the networks or services connected to the Roxer
Services;
9.4. attempting to impersonate another Member or person;
9.5. using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any
third party to access your account;
9.6. selling or otherwise transferring your account without permission of Roxer.com;
9.7. using any information obtained from the Roxer Services in order to harass, abuse, or harm another person;
8.8. using the Roxer Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the prior written
consent of the owner of such proprietary rights. It is the policy of
Roxer.com to terminate Membership privileges of any Member who
repeatedly infringes the copyright rights of others upon receipt of
proper notification to Roxer.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Roxer Services
in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (ii) a description of the copyrighted
work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the Roxer
Services; (iv) your address, telephone number, and email address; (v) a
written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; (vi) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
10. Member Disputes. You are solely responsible for your interactions
with other Roxer.com Members. Roxer.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
11.
Privacy. Use of the Roxer Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Roxer.com is not responsible for any incorrect or
inaccurate Content posted on the Roxer Website or in connection with
the Roxer Services, whether caused by Users of the Roxer Services or by
any of the equipment or programming associated with or utilized in the
Roxer Services. Profiles created and posted by Members on the Roxer
Website may contain links to other websites. Roxer.com is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by Roxer.com. Inclusion of any
linked website on the Roxer Services does not imply approval or
endorsement of the linked website by Roxer.com. When you access these
third-party sites, you do so at your own risk. Roxer.com takes no
responsibility for third party advertisements which are posted on this
Roxer Website or through the Roxer Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
Roxer.com is not responsible for the conduct, whether online or
offline, of any User of the Roxer Services. Roxer.com assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, any User or
Member communication. Roxer.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the Roxer Services or
combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the Roxer Services. Under no
circumstances shall Roxer.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Roxer
Services, attendance at a Roxer.com event, from any Content posted on
or through the Roxer Services, or from the conduct of any Users of the
Roxer Services, whether online or offline. The Roxer Services are
provided "AS-IS" and as available and Roxer.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Roxer.com cannot guarantee and does not promise any specific results
from use of the Roxer Services.
13. Limitation on Liability. IN NO
EVENT SHALL ROXER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF ROXER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
ROXER.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO ROXER.COM FOR THE ROXER SERVICES DURING THE
TERM OF MEMBERSHIP.
14. U.S. Export Controls. Any Software
available in connection with the Roxer Services (the "Software") is
further subject to United States export controls. No Software may be
downloaded from the Roxer Services or otherwise exported or re-exported
in violation of U.S. export laws. Using the Software is at your sole
risk.
15. Disputes. If there is any dispute about or involving the
Roxer Services, you agree that the dispute shall be governed by the
laws of the State of California, USA, without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue
in the state and federal courts of the United States located in the
State of California, City of Los Angeles. Either Roxer.com or you may
demand that any dispute between Roxer.com and you about or involving
the Roxer Services must be settled by arbitration utilizing the dispute
resolution procedures of the American Arbitration Association (AAA) in
Los Angeles, California, USA, provided that the foregoing shall not
prevent Roxer.com from seeking injunctive relief in a court of
competent jurisdiction.
16. Indemnity. You agree to indemnify and
hold Roxer.com, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the Roxer
Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties
set forth above and/or if any Content that you post on the Roxer
Website or through the Roxer Services causes Roxer.com to be liable to
another.
17. Other. This Agreement is accepted upon your use of
the Roxer Website or any of the Roxer Services and is further affirmed
by you becoming a Member. This Agreement constitutes the entire
agreement between you and Roxer.com regarding the use of the Roxer
Services. The failure of Roxer.com to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. Roxer.com is a trademark
of Roxer, Inc. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful,
void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any
remaining provisions.
Please contact us at: Contact Roxer with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
