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User Terms of Service
Rore Incorporated provides software that may be downloaded to your smartphone and tablet to use and access the Rore marketing tools and services. These Terms of Service govern your access to, and use of, the Services. Please read these Terms carefully. They require the use of mandatory binding arbitration to resolve disputes rather than jury trials or group litigation.
THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH THE MOBILE APP OR APP STORE, OR BY ACCESSING AND USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DELETE THE MOBILE APP AND CEASE ACCESSING OR USING THE SERVICES.
1. Overview, Eligibility, Term and Termination
(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services. Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted on the Services in connection with such features. (b) Eligibility. You may use the Services only if you have the legal capacity to form a binding contract with Rore; you accept these Terms through the Mobile App, or by accessing or using the Services; and only if you are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules and regulations. Only individuals aged 18 and older are permitted to be Rore Users. (c) Term and Termination. These Terms will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Rore may, at our sole discretion, suspend or terminate your rights to access or use the Services. (d) Effect of Termination. Upon termination of these Terms, your right to use the Services will automatically terminate. Rore will not have any liability whatsoever to you for any termination of your rights under these Terms.
2. Accounts
(a) Your Account. Rore Users must register for an account through the Mobile App. To use certain Services, you must appropriately register and provide certain information about yourself or the entity that you represent. You represent and warrant that all required Registration Data that you submit is truthful and accurate. (b) You may delete the Mobile App for any reason. We may suspend or terminate your Account in accordance with Section 11. Our use of your Registration Data and certain other information about you are governed by our Website Privacy Policy and/or Mobile Privacy Policy.
3. Access to Services
(a) Access and Use. Subject to these Terms, Rore grants you a non-transferable, non-exclusive right to access and use the Services for the Permitted Purpose. (b) Rore-provided interface to Third-Party Products and Services. To facilitate the Services, Rore requires you to link or provide sufficient information to send data through the Services to third-party services, including social media platforms and payment services. (c) Content and User Submissions. You are solely responsible for all User Submissions that you upload, post, transmit or otherwise disseminate using the Services. You represent and warrant that you have all rights necessary to do so. (d) Consent to receive text messages from Rore. If you elect to receive automated transactional text messages from Rore, these messages will be sent to the telephone number provided during opt-in. To opt-out, reply STOP to any text message. (e) Ownership. All intellectual property rights in the Services are owned by Rore. Neither this Agreement nor your access to the Services transfers any rights, title or interest in such intellectual property rights. (f) Certain Restrictions. You agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services; modify, make derivative works of, disassemble, or reverse-engineer any part of the Services; or access the Services to build a similar or competitive service.
4. Agreed Usage and Limitations of Services
(a) Intended Use of Services. The Services are intended to be accessed and used for non-time-critical purposes. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Rore's control. (b) Reliability of Services. You acknowledge that the Services are not error-free or 100% reliable and 100% available. (c) Service Interruptions. The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. (d) Acceptable Use Policy. Rore User shall not create Content or User Submissions that contain objectionable, violent, or illegal content; violate FTC endorsement rules; include copyrighted content not controlled by Advertiser or Rore User; or contain culturally insensitive content.
5. Limitations of Services Due to Third Parties
(a) General. The Services rely on or inter-operate with third-party services. These third-party services are beyond Rore's control, but their operation may impact on, or be impacted by, the use and reliability of the Services. (b) Equipment, ISP and Operator. You acknowledge that the availability of the Services is dependent on your computer, mobile device, Wi-Fi network, and other related equipment, your Internet service provider, and your mobile device operator. (c) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps. (d) Release Regarding Third Parties. Rore is not responsible for third parties or their products and services, including the App Stores, Third-Party Services, Advertisers, Third-Party Sites, ISP and Operators.
6. Ownership and Intellectual Property
(a) Rore Property. You acknowledge that all intellectual property rights in the Services are owned by Rore or its affiliates, licensors or suppliers. The Services are licensed to you, not sold, under these Terms. (b) Feedback. By submitting any ideas or suggestions about the Services, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place Rore under any fiduciary or other obligation. (c) User Submissions. You hereby grant Rore an exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display, reproduce, distribute, modify, create derivative works of, and otherwise use your User Submissions for any purpose.
7. Indemnity for Third Party Actions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD RORE AND ITS LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE RORE PARTIES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES; YOUR VIOLATION OF THESE TERMS; ANY USER SUBMISSION OR FEEDBACK YOU PROVIDE; OR YOUR VIOLATION OF ANY LAW, REGULATION, RULE, OR THE RIGHTS OF ANY THIRD-PARTY.
8. Warranty Disclaimers
(a) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, AS IS AND AS AVAILABLE, AND RORE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. (b) RORE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL BE COMPATIBLE WITH YOUR DEVICE; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. (c) RORE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY AN ADVERTISER OR THIRD PARTY THROUGH THE SERVICES.
9. Fees and Payment Disclosure and Disclaimer
Rore User's receipt of payment for posts on Rore User's social media account(s) is subject to Advertiser's approval or if not approved by Advertiser within forty-eight (48) hours of Rore User posting the User Submission, then by Rore. Rore User acknowledges and agrees that Rore User has no expectation of payment and therefore is not guaranteed payment for posts on Rore User's social media account(s). Rore User disclaims all rights to demand payment from Rore for any and all Rore User Submissions not approved by the relevant Advertiser.
10. Other Disclaimers
WHEN YOU INSTALL, SETUP OR USE THE SERVICES YOU MAY BE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OR NON-OPERATION OF YOUR SERVICES AND ANY CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR THE SERVICES.
11. Limitation of Liability
Nothing in these Terms shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RORE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO THE SERVICES. RORE'S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO THE SERVICES SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED ONE HUNDRED U.S. DOLLARS ($100).
12. Dispute Resolution and Arbitration / Class Action Waiver / Jury Trial Waiver
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. (a) Arbitration. Rore and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services in any way, except for claims arising from bodily injury. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. (b) Notice of Disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Rore should be sent to [email protected]. (c) No Class Arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION. (d) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 12, you must notify Rore in writing within 30 calendar days of the date that you first accept these Terms by emailing [email protected].
13. Digital Millennium Copyright Act
(a) If you are a copyright owner or an agent thereof and believe that any Advertiser campaign information infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the required information in writing. (b) Rore's designated Copyright Agent to receive notifications of claimed infringement is Robert Steele at [email protected], or by certified mail marked Copyright Infringement, Attn: Copyright Agent at Rore at 30 N Gould Street #69046 Sheridan WY 82801. (c) Counter-Notice. If you believe that the Advertiser Content that was removed is not infringing, or that you have authorization from the copyright owner to post and use the material, you may send a counter-notice to the Copyright Agent.
14. General
(a) Changes to These Terms. Rore reserves the right to make changes to these Terms, and Rore will post notice of changes on this page, our website, or Mobile Apps. (b) Governing Law. This Agreement and all matters relating to your access to, or use of, the Services will be governed by the laws of the State of California, USA. (c) Entire Agreement. These Terms constitute the entire agreement between you and Rore regarding the use of the Services. (d) Contact Information. If you have additional questions or comments, please contact us at: Rore Incorporated, 30 N Gould Street, #69046, Sheridan WY 82801, 949-988-4054, [email protected].
Questions? Contact us at [email protected] or write to Rore Incorporated, 30 N Gould Street #69046, Sheridan WY 82801.