- Terms of Service for Rolotrak site and services
Last Updated: September 12, 2009- Version: 1.0
Thanks for using Rolotrak! These Terms of Service apply to all of our users and members, including those who download our software, those who sign up for a Rolotrak Online Web account and those who use our services through our Web site.
Important—Read carefully: These Terms of Service for Rolotrak Software, Site and Services (these "Terms of Service") together constitute a legal agreement between you (an individual, not an entity) and Rolotrak, Inc., a Delaware corporation, and its suppliers and its licensors (collectively "Rolotrak") with respect to Rolotrak software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), the www.Rolotrak.com Web site, including all subpages under the Web site (collectively, the "Site"), the Rolotrak Network and all services provided to you directly or indirectly by Rolotrak on or through the Site (collectively, "Rolotrak Online"). These Terms of Service apply to both Services that are provided without fees or charges (each a "Free Version") and all future versions of the Services which may require you to pay a license or other fee (each a "Premium Version"). By going through the Rolotrak sign up process or otherwise using or accepting the Software, Site and/or Services (the "Rolotrak Offerings"), you agree to be bound by the terms of these Terms of Service. If you do not agree to these terms of service, do not use the Software, Site or Services. You agree that your use of the Software, Site and/or Services acknowledges that you have read these Terms of Service, understand them, and agree to be bound by these Terms of Service.
The Rolotrak Offerings provided to you under these Terms of Service is (A) for the Free Version, for your personal and non-commercial use only and (B) for any Premium Version, for your personal and your commercial use (other than in connection with a service bureau, application service provider, or similar business).
1. Description of Services
Rolotrak provides you with the capability of updating, maintaining, and accessing your contact list or address book going to the Site and becoming a registered user of the Services (a "Member"). When you become a Member, Rolotrak will create your personal account which will contain: certain basic account information such as your name, e-mail address, password, passwords to third party accounts that you like to import contacts from with your Rolotrak account, ("Your Account Information"). You have the option to upload and store Your Contact List Rolotrak Servers to enable Web access of this information.
Additional features may be added to the Rolotrak Offerings and made available to you from time to time. You understand and agree that Rolotrak may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the Rolotrak Offerings may include advertisements and that these advertisements are necessary for Rolotrak to provide the Services.
2. Personal License
Rolotrak hereby grants you a non-exclusive, non-transferable license to use the Software and to use and to access the Site and Services subject to the terms and conditions in these Terms of Service. Under this license you may only: (i) use a Free Version for your personal and non-commercial use;
3. Restrictions
a) You may not: (i) prepare derivative works based on the Rolotrak Offerings; (ii) reproduce the Rolotrak Offerings except as specifically provided in these Terms of Service; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Rolotrak Offerings or copies thereof in any form whatsoever to any third parties or use the Rolotrak Offerings for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Rolotrak Offerings, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Service. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the Rolotrak Offerings not expressly granted herein are reserved by Rolotrak.
b) You agree that you shall only use the Rolotrak Offerings in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Rolotrak Offerings, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
c) You may not use the Rolotrak Offerings to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, newsgroup aliases, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.
d) You may not use the Rolotrak Offerings to upload, post, post links to, e-mail or otherwise transmit or make available: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
e) You may not use the Rolotrak Offerings if you are under the age of 13 or to solicit or collect any information from children under the age of 13.
4. Rolotrak's Right to Terminate or Modify Terms of Service and Services
Rolotrak may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for any features within the Rolotrak Offerings. Rolotrak may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event Rolotrak modifies these Terms of Service, you may terminate your use of the Rolotrak Offerings. Rolotrak may also terminate your right to use the Rolotrak Offerings at any time for any reason. Without limiting the prior sentence, your right to use the Rolotrak Offerings will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from Rolotrak to effect such an automatic termination. Upon any termination of your right to use the Rolotrak Offerings, you shall immediately discontinue use of the Rolotrak Offerings.
6. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Rolotrak website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement.
7. Personal Information and Privacy
You are required to have a Rolotrak account to use the Services. Personal information you provide to Rolotrak is governed by Rolotrak's privacy policy (the "Rolotrak Privacy Policy"). Click here to view the Rolotrak Privacy Policy. Your election to use the Rolotrak Offerings indicates your acceptance of the terms of the Rolotrak Privacy Policy, so please review it carefully. You are responsible for maintaining the confidentiality of Your Account Information. You are responsible for all activities that occur in your account and you agree to notify Rolotrak immediately of any unauthorized account use. Rolotrak is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of Your Account Information.
8. Title
Title, ownership, rights, and intellectual property rights in and to the Rolotrak Offerings shall remain in Rolotrak. The Rolotrak Offerings are protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Rolotrak or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the Rolotrak Offerings, even if Rolotrak has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Rolotrak related to these Terms of Service or the Rolotrak Offerings shall be cancellation of the License and termination of use of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you Paid for the Services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10. Indemnification
You agree to hold harmless, indemnify and defend Rolotrak, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Rolotrak Offerings in violation of another party's rights or in violation of any law, or (ii) violated these Terms of Service.
13. User Age Restriction
The Rolotrak Offerings are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site unless you are at least such age.
14. Miscellaneous
a) No Assignment. The Services are personal to you, and may not be transferred or assigned without Rolotrak's express written consent.
b) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Rolotrak's intellectual property rights, or may cause continuing or irreparable harm to Rolotrak (including, but not limited to, any breach that may impact Rolotrak's intellectual property rights, or a breach by reverse engineering), Rolotrak may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
c) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Rolotrak or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of Rolotrak. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
