RockDaisy.com
Website Terms and Conditions
These Website Terms and Conditions (“Agreement”) have been last
updated on August 11, 2021.
IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF
USE, INCLUDING THE PRIVACY POLICY AND COOKUE POLICY INCORPORATED BY REFERENCE, IMMEDIATELY
DISCONTINE USE THIS WEBSITE.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT
BEFORE USING THE WEBSITE. THIS IS A LEGAL AGREEMENT BETWEEN US AND YOU.
ADDITIONALLY, THE COMPANY PRIVACY POLICY (AS DEFINED BELOW) AVAILABLE AT https://www.rockdaisy.com/Content/policies/Privacy-Policy.html
AND COOKIE POLICY AVAILABLE AT https://www.rockdaisy.com/Content/policies/Cookies-Policy.html
ARE INCORPORATED BY REFERENCE AND IS A PART OF THIS AGREEMENT.
By purchasing,
accessing, and/or using the website www.RockDaisy.com
or other webpages available at such domain (collectively, “Website”), you accept
that you have read and agree to these Website Terms and Conditions
(“Agreement”), and agree to be bound as a party to the Agreement with RockDaisy
LLC ("Company", "us" or "we"). We reserve the
right, in our sole discretion, to change, modify, add, or remove portions of
the Agreement at any time. We encourage you to review the Agreement
periodically; upon your use or access to the Website, you agree to the
latest-updated Agreement in effect at such time.
In addition to the
terms and conditions herein, the Company Privacy Policy, available at https://www.rockdaisy.com/Content/policies/Privacy-Policy.html,
and Cookie Policy, available at https://www.rockdaisy.com/Content/policies/Cookies-Policy.html,
are incorporated by reference hereto.
You represent and
warrant that you own or control the device in which the Website will be used,
and that you have the right, authority and capacity to enter into this Agreement
and be bound by all its terms and conditions. This Agreement also applies to
any updates, supplements, and services that are not provided under a separate
agreement with us.
You may not rent, sell, lease, sublicense,
distribute, assign, copy, or in any way transfer any rights to the Website. You
agree that you will not use any device or software to attempt to interfere with
the proper working of the Website. You may not violate or attempt to violate
the security of our Website. You may not modify, reverse-engineer, decompile,
disassemble, or otherwise tamper with the Website, or the source code thereof,
nor may you access such source code, except that you are permitted to view the
HTML code as provided by your browser’s basic and lawful functions. The Website,
its content, and all underlying source code and software are the sole property
of the Company. You may not create derivative works of the Website or any
portions thereof.
You are solely
responsible for any costs you incur to access the Website from your device,
including without limitation internet, equipment, devices, and/or service
plans. Company makes no representation that the Website can be accessed on all
devices or wireless service plans. Company makes no representation that the Website
is available in all languages or that the Website is appropriate or available
for use in any particular location. The Company makes no representation that
the Website can be used on all versions of all operating systems or browsers;
you understand and acknowledge that Website updates, your system, or your
declination to accept cookies may cause the Website or some of its features to
cease working on some devices, browsers, or operating systems, particularly if
they are not the most current versions thereof.
THIRD-PARTY SERVICES:
If Website contains or
provides any third-party services, functions, links, webpages, advertisements,
or content (“Third Party Website”), you understand and acknowledge the Company
has no control over the Third Party Website, their function, availability, or
content thereof, and is not liable for any outcomes as a result of your use or
visit of the Third Party service. The Company makes no representation or
warranty whatsoever with respect to Third Party Website; all Third Party Website
are subject to the terms and conditions of their respective terms of use or end
user license agreement as provided by the respective third party. You agree to
assume all risks and outcomes arising from the use or access of Third Party Website.
It is not possible for
any software or technology, including the Website, to be perfectly secure; you
acknowledge and accept that any information you download or offer to share by
means of the Website, may be exposed to unauthorized access, interception,
corruption, damage or misuse. You accept all responsibility for such security
risks and any damage resulting therefrom. Further, you are solely responsible
for securing your device, Account, username, password, login credentials, data
entered, and data provided to you from the Website from unauthorized access,
including by such means as using password protection or other security features
available on your device. You agree that Company shall not be liable for any
unauthorized access to your device or the data related to your account.
INTELLECTUAL PROPERTY
The Website, including
all design, text, images, photographs, illustrations, audio, video, artwork,
graphic material, code, content, software, and documentation provided to you by
Company are Company's property or the property of Company's licensors, and are
protected by U.S. and international copyright, trademarks, patents and other
proprietary rights and laws, none of which are waived. All rights not expressly
granted hereunder are expressly reserved to Company and its licensors.
The Company and its
tradenames, trademarks, logos and affiliated properties, regardless of whether
or not registered, are the exclusive property of Company or its affiliates. All
other trademarks appearing on the Website are trademarks of their respective
owners, and the use of such trademarks shall inure to the benefit of the
trademark owner. Company intellectual property may not be used in connection
with any other product or service, in any manner that is likely to cause
confusion. Nothing contained in herein should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Company
trade names, trademarks or service marks without the Company’s express prior
written consent.
COPYRIGHT AND CONTENT
You are solely responsible for any information of any kind input
into the Website (“Content”) you contribute, submit, display or for any
adaptations of works made on or through your use of the Website. It is your
obligation to ensure that such Content does not violate any intellectual
property rights of any third party. You represent and warrant that you are
lawfully authorized to post all Content provided by you, and that all Content
is lawful, is not hate speech, does not threaten others, is non-commercial in
nature, does not solicit any other persons, does not impersonate any other
person, does not contain lewd or inappropriate material, and does not give rise
to any third party causes of action, and agree to indemnify Company for any
breach of the representations or warranties herein.
If you believe any
contents or elements of an App or Service infringe your copyright rights,
please contact Company's copyright agent at:
RockDaisy LLC
79 Madison Ave
New York, NY 10016
and provide us with
all information about the alleged infringement, including your work and
evidence of your ownership of such work.
TERMINATION
Your rights under this
Agreement will terminate immediately and automatically without any notice from
Company if you fail to comply with any of the terms and conditions of this Agreement.
You understand that Company, in its sole discretion, may modify or discontinue
or suspend your right to access the Website. Further, Company, with or without
any reason, may at any time suspend or terminate any license hereunder and
disable or alter the Website or any of its component features. Company may
delete any information with respect to your account or your data associated
with the account upon termination of the Agreement. You agree that Company
shall not be liable to you or any third-party for any termination, alteration,
or disabling of the Website, or for disabling or deleting your account, login
information, or data associated with your account upon termination of the Agreement.
Promptly upon expiration or termination of this Agreement, you must cease all
use of the Website. Termination will not limit any of Company's other rights or
remedies at law or in equity. All provisions of this Agreement with respect to
your representations, warranties, indemnification obligations, and unperformed
obligations that arose prior to termination shall survive termination or
expiration of this Agreement for any reason.
TO THE EXTENT THIS IS
PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN "AS IS,"
"WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU
USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, COMPANY, ON BEHALF OF
ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND
SUPPLIERS, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT.
WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE COMPANY PRODUCTS WILL BE ACCURATE OR
RELIABLE, OR THAT THE QUALITY OF THE WEBSITE WILL MEET YOUR EXPECTATIONS.
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR WEBSITE; ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED BY ANY THIRD PARTY; OR ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT DISTRUBUTED OR INPUT BY YOU. COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES AND REPRESENTATION RELATING TO PRODUCTS AND/OR SERVICES
PROVIDED BY THIRD PARTIES. IN JURISDICTIONS WHERE THE FOREGOING DISCLAIMERS ARE
INVALID, THE DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE FORBIDDEN BY
LAW.
TO THE EXTENT
PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE, NON-USE, OR
INABILITY TO USE THE WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV)
ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING OR USING THE WEBSITE
OR COMPANY SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE
STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE
EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT
JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY
WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER
THE DATE ON WHICH YOU FIRST ACCESS THE WEBSITE, AND NO WARRANTIES SHALL APPLY
AFTER SUCH PERIOD.
INDEMNIFICATION
YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS PARENTS, AFFILIATE AND
SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS
FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING,
BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE WESBITE, YOUR
VIOLATION OF THE AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER
USER OF YOUR ACCOUNT, OR AT YOUR DIRECTION, OF ANY INTELLECTUAL PROPERTY OR
OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COMPANY OF
ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO
YOU.
You agree to comply
with all US and international laws, restrictions, and regulations, that govern
the import, export, or use of the Website.
AVAILABILITY
Company does not
represent or warrant that the Website or any part thereof is appropriate,
lawful for use, or available for use in any particular jurisdiction. We may
limit the availability of the Website, in whole or in part, to any person,
geographic area or jurisdiction we choose, at any time and in our sole
discretion.
AGE REQUIREMENT
You must be 18 years
of age or older to use the Website. If you are at least 13 (or 16 in the EEA) but not yet 18
years of age, please have your parent, legal guardian, or other lawfully
authorized person review this Agreement with you, discuss any questions you
might have, and access the Website for you.
Parents or guardians,
by granting your child permission to use and access the Website, you agree to
the terms and conditions of this Agreement on behalf of your child. You are
responsible for exercising supervision over your children's activities. If you
do not agree to this Agreement, do not let your child use the Website or
associated features. If you are the parent or guardian of a child under 13 (or
16 in the EEA) and believe that he or she is using the Website, please contact
us at info@rockdaisy.com.