1. This is a legally binding agreement between you, an individual person, hereinafter called the “User,” and Rorotoko LLC, a company of the State of Delaware, United States of America, hereinafter called the “Company.”
3. The User agrees that each instance of usage of the Site requires and implies prior review of the current version of the Agreement by the User.
4. The Company owns the and operates the Site and may add, remove, or change portions of this Agreement or this entire Agreement at any time. Any such modification of the Agreement becomes effective immediately upon its publication on the Site.
5. The Site publishes textual and visual material, hereinafter called the “Contents,” and makes such Contents available to the User as entertainment, free of charge, for personal and noncommercial enjoyment by the User alone.
6. The Company and the Site do not provide any form of professional advice, including but not limited to medical advice, nutritional advice, psychological advice, legal advice, accounting advice, tax advice, investment advice, etc.
7. The Company may change, suspend, or discontinue any aspect of the Site at any time, at its sole discretion, without notice or liability.
8. The Company assumes no liability for any of the User’s activities in connection with the Site. The User agrees not to use the Site for any unlawful purpose.
9. All Contents that the User may encounter on the Site are protected by copyright under the United States copyright laws and other foreign laws. Specifically, all of the Site’s Contents are copyright property of the Company and may include elements published on the Site under license to the Company. The User agrees to abide by all copyright notices or restrictions contained in the Site.
10. The User may not in any way exploit the Site’s Contents, in whole or in part, through any methods now known or developed in the future, including but not limited to any form of copying, reproduction, distribution, publication, display, performance, modification, use as basis for the creation of derivatives, transmission, construction of any kind of database, inclusion in any kind of database, display in other online or offline sites or services such as weblogs and newsgroups and mail lists.
11. The User may occasionally download from the Site a limited segment from the Contents strictly for the User’s own personal and noncommercial use, in which case the User agrees to maintain all copyright and other legal notices originally contained in such limited segment from the Site’s Contents.
12. The User may create web links to any URL on the Site and announce these links to others. The User may display on another web site or service the headlines of the Site’s RSS feed conditionally upon inclusion of active links to the relevant item of Contents published on the Site.
13. Upon the condition that the User be at least eighteen (18) years of age, the Site invites the User to engage in meaningful discussions of the Contents published on the Site through using the commenting tools available on the Site. By commenting on the Contents, the User declares to the Company that the User is at least eighteen (18) years of age.
14. The Site does not require the User to provide the Site with any identifiable personal data for the purposes of using the Site and and its features.
15. All information about the User collected automatically in the course of the User’s access and use of the Site and all of its features may now and in the future be stored and processed wherever the Company may purchase services of data hosting and any other services including data processing and management, within and outside of the User’s country of residence, including in the United States of America and in any other country.
16. The Company may disclose any information it has about the User to law enforcement agencies, third-party partners, and other entities.
17. The Company may restrict or terminate User’s access to the Site if, in the Company’s discretionary opinion, the User’s use of the Site or any of its features may appear to violate any laws, regulations or rulings, infringe upon another person’s or entity’s rights, or violate the terms of this Agreement.
18. All comments that any User submits to the Site through use of the commenting tools available on the Site is hereafter called “User Submissions.”
19. The User represents and warrants that the User is solely and fully responsible for the content of her or his User Submissions.
20. The User Submissions encountered on the Site contain information and views and opinions submitted by numerous other users of the Site anonymously and are not in any way endorsed by the Company and do not in any way represent the positions of the Company.
21. The Company does not routinely screen, review, or edit User Submissions, and the Company advises the User that User Submissions encountered on the Site may be erroneous, offensive, and misleading. Without limiting the generality of the foregoing, the Company may monitor and remove any User Submissions from the Site at any time, at its sole discretion, and without notice or liability.
22. The User specifically acknowledges that hate speech of any kind, including but not limited to speech that negatively discriminates on the basis of gender, race, age, disability, nationality, religion, political creed, sexual orientation, etc., if noticed by the Company, will cause full removal of all User Submissions containing such hate speech.
23. By submitting any form of User Submissions to the Site, the User represents and warrants that the User is the author of the material the User submits to the Site; that the User is not impersonating someone other than the User, including any entity protected by trademark or other laws; that the User possesses all the necessary legal rights to submit such User Submissions; that such User Submissions are not unlawful, abusive, libelous, defamatory, obscene, pornographic; that such User Submissions do not violate the rights of any person or entity.
24. The User represents and warrants and covenants that no materials of any kind submitted by the User violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
25. The User hereby indemnifies, defends, and holds harmless the Company and the Site, and any and all current and future officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees, of the Company and/or the Site, from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Company and/or the aforementioned parties in connection with any claim arising out of any breach by the User of this Agreement or the foregoing representations, warranties and covenants. The User agrees to cooperate fully in the defense of any such claim. The Company and the Site reserve the right to assume the exclusive defense and control of any matter subject to indemnification by the User.
26. By submitting any form of User Submissions to the Site the User grants the Company and its successors a non-exclusive, transferable, sub-licensable, world-wide, fully paid-up, royalty-free, perpetual, irrevocable right and license to exploit commercially, use, distribute, perform, display, reproduce, and create derivative works based on, host, index, cache, tag, encode, modify and adapt the User Submissions submitted by the User, in whole or in part, in all languages, in any form of media and manner now known or invented in the future.
27. The Company routinely displays on the Site advertising messages from third parties and links to other web sites or services from third parties, and the Company may provide the User with the ability to use such third party services through the Site. The User agrees that the Company does not control any such third party advertising, messages, websites, and services. The User agrees that the Company is not responsible for any of the consequences that may be deemed to arise from the User’s encounter on the Site of advertising, links, and services provided by any third parties.
28. The User uses the Site and all of what it contains entirely at the User’s own risk and on “As-Is” and “As-Available” bases. The Company explicitly disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of benefits, title, use, or fitness for particular purposes.
29. The User agrees that the Company, the Site, and any and all current and future officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees, of the Company and/or the Site, will not be liable, jointly or severally, to the User or any other person or entity for the User’s use of the Site and/or any indirect, consequential, special, incidental, punitive, or exemplary damages, that may be deemed related to the User’s use of the Site and the User’s exposure to the textual and visual materials and any and all features available through the Site.
30. When this Agreement comes to an end, all of the rights, obligations, and liabilities that the User and the Company have benefited from and/or been subject to and/or are expressed to continue indefinitely, shall remain unaffected by the cessation.
31. The User agrees that if the Company does not exercise or enforce any legal right or remedy contained in this Agreement, or which the Company has the benefit of under any applicable law, this will not signify a waiver of the Company’s rights, and those rights and remedies will still be available to the Company.
32. This Agreement as well as any and all claims arising from it are governed by the laws of the State of Delaware, United States of America, without regard to any conflict or law principles. The User and the Company agree to submit to the exclusive jurisdiction of the courts of the State of Delaware to resolve any legal matter that may arise in connection with the agreements covered in this Agreement.
33. The User and the Company agree that if any provision of this Agreement is determined by a court of arbitrator to be invalid, unenforceable, or otherwise ineffective, that provision shall be severed from the rest of this Agreement, and the remaining provisions shall remain in effect and enforceable.
34. The User and the Company agree that this Agreement contains the entire agreement and understanding between the User and the Company, and that the User may not assign her or his rights or obligations under this Agreement to anyone.
Last updated on August 29, 2011