THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT
YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND ROKiT LAUNCH GOVERNING YOUR USE
OF ROKiT LAUNCH SALES PORTAL.
Parts of this
consists of the following terms and conditions (hereinafter the “General
Terms”) and terms and conditions, if any, specific to use of individual
Services (hereinafter the “Service Specific Terms”). In the event of a conflict
between the General Terms and Service Specific Terms, the Service Specific
Terms shall prevail.
Acceptance of the
You must be of
legal age to enter into a binding agreement in order to accept the Agreement.
If you do not agree to the General Terms, do not use any of our Services. If
you agree to the General Terms and do not agree to any Service Specific Terms,
do not use the corresponding Service. You can accept the Agreement by checking
a checkbox or clicking on a button indicating your acceptance of the Agreement
or by actually using the Services.
We provide cloud
software and applications for conducting business with ROKiT Launch ("Service"
or "Services"). The Service is solely made available to independent
contractors of ROKiT Launch. You may connect to the Services using any
Internet browser supported by the Services. You are responsible for obtaining
access to the Internet and the equipment necessary to use the Services. You can
create and edit content with your user account.
User Sign up
You need to sign
up for a user account by providing all required information in order to access
or use the Services. You agree to: (i) provide true,
accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the
information provided during sign up to keep it true, accurate, current, and
complete. If you provide any information that is untrue, inaccurate, outdated,
or incomplete, or if ROKiT LAUNCH has reasonable grounds to suspect that such
information is untrue, inaccurate, outdated, or incomplete, ROKiT LAUNCH ho may
terminate your user account and refuse current or future use of any or all of
In addition to all
other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to
any third party; (ii) provide any service based on the Services without prior
written permission; (iii) allow user licenses to be shared or used by more than
one individual other than by way of reassigning the user license to a new user;
(iv) except as permitted under applicable law, attempt to disassemble, reverse
engineer or decompile the Services; (v) use third party links to sites without
agreeing to their website terms & conditions; (vi) post links to third
party sites or use their logo, company name, etc. without their prior written
permission; (vii) attempt to gain unauthorized access to the Services or its
related systems or network; (viii) use the Services in any manner that could
damage, disable, overburden, impair or harm any server, network, computer
system, resource of ROKiT LAUNCH; (ix) use the Services to send or store
material containing software viruses, worms or other harmful computer codes,
files, scripts or programs; (x) use the Services in any manner that interferes
with or disrupts the integrity, security or performance of the Services, its components
and the data contained therein; (xi) create a false identity to mislead any
person as to the identity or origin of any communication; (xii) host, display,
upload, modify, publish, transmit, store, update or share any information that
belongs to another person or entity and to which you do not have any right,
including personal or confidential information of any person or entity with
respect to which you do not have consent or permission from such person or
entity; (xiii) use the Services for transmitting information that is false and
untrue, and is written or published in any form, with the intent to mislead or
harass a person, entity or agency for financial gain or to cause any injury to
any person; (xiv) violate any applicable local, state, national or
international law; (xv) use the Services for any form of competitive or
benchmarking purposes; and (xvi) remove or obscure any proprietary or other
notices contained in the Services.
You agree to be
solely responsible for the contents of your transmissions through the Services.
You agree not to use the Services for illegal purposes or for the transmission
of material that is unlawful, defamatory, harassing, libelous, invasive of
another's privacy, abusive, threatening, harmful, vulgar, pornographic,
obscene, or is otherwise objectionable, offends religious sentiments, promotes
racism, contains viruses or malicious code, or that which infringes or may
infringe intellectual property or other rights of another. You agree not to use
the Services for the transmission of "junk mail", "spam",
"chain letters", “phishing” or unsolicited mass distribution of
email. We reserve the right to terminate your access to the Services if there
are reasonable grounds to believe that you have used the Services for any
illegal or unauthorized activity.
ROKiT LAUNCH Services
integrate with many third party applications
(hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of
service and privacy policies applicable to such Third Party Applications
(hereinafter "Third Party Terms"). You are responsible for reading
and understanding the Third Party Terms before
accessing or using any Third Party Application. You acknowledge and agree that ROKiT
LAUNCH is not liable for any Third Party Applications.
While we will try to provide you with advance notice, whenever reasonably
possible, you acknowledge and agree that ROKiT LAUNCH may, at any time and in
our sole discretion, and without any notice to you, suspend, restrict or
disable access to or remove from ROKiT LAUNCH Services, any Third Party
Application, without any liability to you, including without limitation for any
loss of profits, revenue, data, goodwill or other intangible losses.
from ROKIT LAUNCH
The Service may
include certain communications from ROKiT LAUNCH, such as service
announcements, administrative messages and
newsletters. You understand that these communications shall be considered part
of using the Services. As part of our policy to provide you total privacy, we
also provide you the option of opting out from receiving newsletters from us.
However, you will not be able to opt-out from receiving service announcements
and administrative messages.
We reserve the
right to terminate user accounts that are inactive for a continuous
period of 60 days. In the event of such termination, all data associated with
such user account will be deleted.
ROKiT LAUNCH owns
the content created or stored by you. You grant ROKiT LAUNCH permission to
access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account
solely as required for the purpose of providing the Services to you.
The location of
the cloud facility from which you are served depends on the mapping of your
region/country to the available cloud facilities at the time of your sign-up.
We may migrate your account or require you to migrate your account to a
different cloud facility in the event of any updates to the region/country to
cloud facility mapping at any point of time. You must not mask your internet
protocol (IP) address at the time of sign-up since your region/country is
determined base on your IP
address. If, at any time, your actual region/country is found to be different
from the region/country in our records, ROKiT LAUNCH may take appropriate
action such as migrate your account or require you to migrate your account to
the cloud facility corresponding to your region/country, or
close your account and deny the Service to you. If you are served from a cloud
facility outside your region/country and a ROKiT LAUNCH group entity has an
office in your region/country, apart from storing the data in the cloud
facility assigned to you, we may store a local copy of the data in your
ROKiT LAUNCH, ROKiT
LAUNCH logo, the names of individual Services and their logos are trademarks of
ROKiT LAUNCH Corporation. You agree not to display or use, in any manner, the ROKiT
LAUNCH trademarks, without ROKiT LAUNCH’s prior permission.
UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE
SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ROKiT LAUNCH EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ROKiT LAUNCH MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR
OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM,
MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE
SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER
WRITTEN OR ORAL, OBTAINED BY YOU FROM ROKiT LAUNCH, ITS EMPLOYEES OR
REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
YOU AGREE THAT ROKiT
LAUNCH SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION,
OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF ROKiT LAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
You agree to
indemnify and hold harmless ROKiT LAUNCH, its officers, directors, employees,
suppliers, and affiliates, from and against any losses, damages, fines and expenses
(including attorney's fees and costs) arising out of or relating to any claims
that you have used the Services in violation of another party's rights, in
violation of any law, in violations of any provisions of the Agreement, or any
other claim related to your use of the Services, except where such use is
authorized by ROKiT LAUNCH.
Governing Law and
This Agreement and any dispute arising out of this agreement
between the parties shall be governed by and construed in accordance with the laws of the
State California and shall be resolved by final and binding arbitration by a
neutral arbitrator, subject to and consistent with applicable law.
Any arbitration or other legal proceedings between the parties shall be
conducted in Los Angeles County, California, USA.
The selection of the arbitrator and the arbitration proceedings will be
conducted in accordance with the provisions of the applicable American Arbitration Association ("AAA")
rules in effect at the time of filing of demand for arbitration, subject to and consistent
with applicable law. Proceedings to enforce, confirm, modify, set aside or vacate an award
or decision rendered by the arbitrator will be controlled by and conducted in conformity
with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. or,
if necessary to enforce this agreement to arbitrate, applicable state law.
We may suspend your user account or temporarily
disable access to whole or part of any Service in the event of any suspected
illegal activity, extended periods of inactivity or requests by law enforcement
or other government agencies. Termination of user account will include denial of
access to all Services, deletion of information in your user account such as
your email address and password and deletion of all data in your user account.
End Of Terms Of Service
If you have any questions or concerns regarding
this Agreement, please contact us at firstname.lastname@example.org