- Accepting the Terms of Service
Any and/or all usage of the Rotoden website, products, software, data feeds, and services provided to you via Rotoden website (i.e. the “Services”) you are acknowledging your agreement to (1) these terms and conditions (i.e. the “Terms of Service), (2) the Rotoden privacy notice. If you are not in agreement with items within these terms of the Rotoden privacy notice, the Community Guidelines, and/or any other terms of service of Rotoden, please refrain from using the service.
The Terms of Service are subject to change without notice. It is recommended that you, the user, routinely review the most current version of the Rotoden Terms of Service. Rotoden reserves the right to modify and/or revise these Terms of Service and the policies of the Rotoden website at any time. By accepting the Terms of Service, you, the user, are in agreement of Rotoden’s right to modification and/or revision of Rotoden Terms of Service. Nothing conferred in these Terms of Service shall assume any third-party rights and/or benefits.
- The Service
All users of Rotoden services are bound by the Terms of Service, as dictated in this agreement. The term “users” is indicative of any/all contributors of Content provided by the Rotoden. “Content” includes text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, as well as other materials you, the user, accessed and/or viewed and/or contributed to via Rotoden.
Third-party websites and/or sources and/or services may be linked through Rotoden services. These links may not be owned or controlled by Rotoden, Rotoden is not accountable, and does not assume responsibility, for third-party content, policies, and/or practices. Rotoden is not culpable for the censorship of third-party content. By accepting these Terms of Service, you, the user, are in acknowledgement of the above terms, and remove from Rotoden any liabilities that may arise from the usage of third-party websites. In addition, Rotoden encourages its users to be aware when accessing third-party websites, via Rotoden, to read such third-party Terms and Conditions, as well as their privacy policies. Third-party websites are subject to their own terms that may or may not resemble the terms of usage at Rotoden.
- Use of Service
Eligibility. Rotoden respects the rights of children and guardians. Therefore, usage of Rotoden services is subject to a binding agreement with Rotoden, and is applicable to local, state, national, and international laws, rules, and/or regulations. Services provided by Rotoden are provided to you, the user, for personal, non-commercial use only. Users may not use any services provided by Rotoden for any and all commercial purposes.
Rotoden Accounts. Browsing of Rotoden, as well as certain usage of Rotoden services, are not subject to charge. Ability to post User Content, as well as gain usage of restricted content, is limited to the accounts of registered users of Rotoden. Registration of Rotoden accounts may be accessed from a third-party website, and requires you, the user, to choose a User ID/screen name and to select a password for the chosen ID.
Rotoden reserves the right to deny any User ID deemed by Rotoden to be unfit, offensive, vulgar, or obscene. Rotoden reserves the right to deny the registration of, and/or terminate an existing user account at the sole discretion of Rotoden. Account acquisition requires the user to provide accurate and complete information. Rotoden reserves the right to reclaim and/or withhold Rotoden User ID’s on behalf of businesses and/or individuals that hold legal claim or trademark on such usernames. By accepting these Terms of Service, you, the user, hold full responsibility to maintain confidentiality of the chosen user password.
Account Responsibility. Activities pertaining to, and usage of, Rotoden user accounts are the exclusive responsibility of the account’s user. It is the user’s responsibility to inform Rotoden immediately upon discovery of a breach in security or unauthorized use of accounts. It is the recommendation of Rotoden to maintain a secure account, as Rotoden will not be held responsible for a breach of user accounts. Responsibility for losses incurred by you or other users due to unauthorized access of your user account will be exclusive to the user of the breached account.
User Interactions. Interactions occurring between users of Rotoden services are the exclusive responsibility of the participating users. Rotoden reserves the right without obligation to monitor user interactions. Rotoden will not be held liable for any actions or inactions occurring between participating parties, or of any user. Rotoden asks users to use caution and sound judgement when interacting with other users of Rotoden services.
Change of Services. Rotoden reserves the right to update, alter, cease operation, and/or limit usage of services with or without notice to users of Rotoden services temporarily or permanently for any reason seen fit by Rotoden. It is at the discretion of Rotoden to determine violation of use of services by any user. Should a user be restricted from usage of Rotoden services, for any reason, said user continues to be obligated to this contract of services.
- Content Distribution
User Content. Users of Rotoden services can publish content from their user account. Publishable content includes comments, photos, blog posts, messages, URLs, and the like. User content refers to any and all submitted, displayed, and/or made otherwise available content to or from a user’s account, and is subject to all Intellectual Property Rights, defined below.
Use of user content by Rotoden. Any and all content distributed by you, the user, via Rotoden is viewed to be belonging to you, unless otherwise agreed upon between the user and Rotoden Services. Through agreement of the user profile and application settings, you, the user, allow Rotoden a non-exclusive, ceaseless, permanent, royalty-free, transferable, sublicensable, national and international license to use, reproduce, sell, offer to sell, translate, revise, publicly perform, display, distribute, and/or replicate works of your Rotoden user content in all forms and media now or hereafter for the function of operating and providing Rotoden services to our users. Nothing in this Agreement shall restrict Rotoden’s rights under any separate content assignment agreements and/or license agreements.
Content Liability. Distribution of content through any form (i.e. posting, submitting, or making otherwise available) via Rotoden services, you, the user, certifies ownership and/or permissions to distribute said content. It is the responsibility of the user to ensure any and all content does not violate third-party permissions and/or rights in any way, including any Intellectual Property Rights, publicity rights, and/or privacy rights of the third-party administration. Rotoden reserves the right, without obligation, to deny and/or eliminate any user content deemed to violate these rights, and at the exclusive discretion of Rotoden. Rotoden can and will not be held responsible for user content in violation of third-party administration rights. Loss and/or damage incurred due to any and all forms of user content published by you, the user, via Rotoden services, is subject to the liability of the user that published the content. By using the services of Rotoden, you, the user, consent to this liability. Rotoden, as an acting platform for distribution of user content, is exempt from fault of misuse of the platform. In agreement with these terms of service, you, the user, know and accept that content accessed may be inaccurate, offensive, and/or unacceptable to you, and hereby absolve Rotoden of liability for damage incurred by such content.
Intellectual Property Rights. Intellectual property rights, in reference to these terms, refers to patent rights, copyrights, mask work rights, moral rights, publicity rights, trademark, trade-dress and service mark rights, goodwill, trade secret rights, as well as other existing or eventual intellectual property rights that may come about. Intellectual property rights extend to applications, registrations, renewals, and extensions under the laws of any state, country, territory, and/or other jurisdictions.
User Content Programs. Rotoden may offer opportunities, programs, and/or other services relating to user content, i.e. User Content Programs. Various services offered by Rotoden may require the submission of an application by the user wanting of the service. Rotoden reserves the right to accept or refuse applications at it’s own discretion. Use of Rotoden services, including User Content Programs, is of the exclusive volition of the user, and does not confer a relationship, partnership, and/or co-authorship between the user and Rotoden. Users of Rotoden services will not be compensated for participation, and Rotoden reserves the right, through no obligation, to benefit user participation. By agreeing to these terms, you, the user, recognize your participation as exclusively volitional.
- Use of Content
Rotoden Content. With the exception of user content owned by the User, Rotoden services, and intellectual property rights, and the like (i.e. Rotoden Content) is under exclusive ownership and licensing of Rotoden. Unless explicitly stated, no part of this agreement creates, or may be used to create any form of licencing to Rotoden content. In agreement with these terms, you, the user, consent not to sell, licence, rend, modify, distribute, copy, reproduce, transmit, publicly display and/or perform, publish, adapt, edit, or create imitative work from Rotoden Content, including, though not limited to, any and all materials and/or content accessible through Rotoden services. Rotoden graphics, logos, designs, page headers, button icons, scripts, and/or service names are subject to trademark and trade-dress of Rotoden, and is protected by the laws of the United States and/or other countries and jurisdictions. Trademarks and trade-dresses of Rotoden may not be used for any purpose and/or in connection with other products or services in any fashion that may lead to misperceptions. Use of Rotoden Content and/or materials distributed via the service is prohibited for any purpose not stated to be permissible within these terms.
Rotoden licence to users. In accordance with this agreement, Rotoden grants users with a license to use the service for personal, non-commercial use exclusively, and only as allowed by the features of Rotoden sevices. Rotoden may revoke this licence at any time, for any reason, and without prior notice.
Feedback. Rotoden values it’s user feedback, and is welcoming of ideas for improvement. Users may be asked, or freely choose, to provide feedback to/or about Rotoden services. Through the provision of feedback, users consent that submissions are completely voluntary and given without influence by Rotoden. Feedback contributed places Rotoden under no form of obligation or liability to the user. Rotoden reserves the right to use given feedback in any way seen fit by the service, and does not require permission and/or compensation of the user. By agreeing to these terms, users acknowledge that submissions of, or relating to feedback, that are accepted by Rotoden does not nullify previous or similar feedback; any and all feedback provided to Rotoden is valid for use.
- Warranty Disclaimer
USERS OF Rotoden SERVICES AGREE THAT USE OF THE SERVICES IS OF THE USERS OWN RISK. Rotoden, ITS AGENTS, DIRECTORS, EMPLOYEES, AND ALL OTHER REPRESENTATIVES OF Rotoden HEREBY DECLINE, TO THE FULLEST EXTENT OF THE LAW, ALL ASSURANCES, DECLARED AND/OR IMPLIED, IN ASSOCIATION WITH Rotoden SERVICES AND ACCOUNT USAGE OF THESE SERVICES. Rotoden SUPPLIES NO GUARANTEES, NOR DOES IT CLAIM REPRESENTATION, OF Rotoden CONTENT ACCURACY OR ENTIRETY, AND/OR OF THE CONTENT OF THIRD PARTY PLATFORMS THAT MAY BE LINKED TO Rotoden. Rotoden WILL NOT BE HELD LIABLE FOR ANY OR ALL (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY AND ALL PERSONAL INJURY AND/OR PROPERTY DAMAGE INCURRED THROUGH ACCESSING Rotoden SERVICES, (III) UNAUTHORIZED ACCESS/USE OF Rotoden SECURE SERVERS AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THROUGH Rotoden, (IV) ANY DISTURBANCE OR DISCONTINUANCE OF COMMUNICATIONS WITH Rotoden SERVICES, (V) ANY FORM OF INFECTIVE AND/OR DETRIMENTAL AGENTS SUCH AS BUGS, VIRUSES, AND/OR TROJAN HORSES, WHICH MAY BE INCURRED THROUGH Rotoden SERVICES AND/OR A THIRD PARTY SERVICE. (VI) ERRORS, OMISSIONS, AND/OR MISREPRESENTATIONS OF ANY KIND, IN CONTENT OF ANY KIND, AND/OR FOR ANY LOSS OR DAMAGE INCURRED THROUGH USE OF CONTENT VIA Rotoden SERVICES. Rotoden DOES NOT SANCTION, GUARANTEE, ADVOCATE, AND/OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED AND/OR OFFERED BY A THIRD PARTY SERVICE THROUGH THE Rotoden SERVICE, INCLUDING BUT NOT LIMITED TO HYPERLINKS ACCESSABLE ON THE SERVICE, AND/OR ANY AND ALL FORMS OF ADVERTISEMENTS FEATURED ON THE Rotoden. Rotoden WILL NOT INVOLVED IN, OR HELD ACCOUNTABLE FOR, THE MONITORING OF TRANSACTIONS BETWEEN USERS AND THIRD PARTY PLATFORMS/ADVERTISEMENTS/TRANSACTIONS OF PRODUCTS AND/OR SERVICES. USERS ARE ENCOURAGED TO USE CAUTION AND SOUND JUDGEMENT WHERE APPROPRIATE WHEN DEALING WITH PRODUCT AND/OR SERVICE PURCHACES.
- Limitation of Liability
Rotoden, ITS AGENTS, DIRECTORS, EMPLOYEES, AND ALL OTHER REPRESENTATIVES OF Rotoden WILL NOT, IN ANY EVENT, BE HELD LIABLE FOR ANY EXPLICIT, INEXPLICIT, ACCIDENTAL, SPECIAL, DISCIPLINARY, OR SUBSEQUENT DAMAGES INCURRED FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY AND ALL PERSONAL INJURY AND/OR PROPERTY DAMAGE INCURRED THROUGH ACCESSING Rotoden SERVICES, (III) UNAUTHORIZED ACCESS/USE OF Rotoden SECURE SERVERS AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THROUGH Rotoden. (V) ANY FORM OF INFECTIVE AND/OR DETRIMENTAL AGENTS SUCH AS BUGS, VIRUSES, AND/OR TROJAN HORSES, WHICH MAY BE INCURRED THROUGH Rotoden SERVICES AND/OR A THIRD PARTY SERVICE. (VI) ERRORS, OMISSIONS, AND/OR MISREPRESENTATIONS OF ANY KIND, IN CONTENT OF ANY KIND, AND/OR FOR ANY LOSS OR DAMAGE INCURRED THROUGH USE OF CONTENT THAT IS POSTED, DISPLAYED, AND OR DISTRIBUTED IN ANY FORM TO BE MADE ACCESSIBLE VIA Rotoden’s SERVICE, BE IT THROUGH WARRANTY, CONTRACT, AND/OR ANY OTHER FORM OF LEGAL THEORY NOT HEREBY STATED, AND/OR WHETHER OR NOT Rotoden HAS BEEN MADE AWARE OF THE POSSIBLE DAMAGES. Rotoden FORFEITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND IN THE PROPER JURISDICTION.
YOU, THE USER, HEREBY RECOGNIZE AND ACCEPT THAT Rotoden WILL NOT BE LIABLE FOR ANY FORM OF UNACCEPTABLE CONTENT THAT MAY CAUSE PERSONAL OR GROSS DISCOMFORT, INCLUDING BUT NOT LIMITED TO INAPPROPRIATE, OFFENSIVE, DEFAMATORY, OR OTHERWISE ILLEGAL CONDUCT OF THIRD PARTY PLATFORMS, AND THAT LIABILITY FOR USE THAT MAY OR MAY NOT PUT YOU, THE USER, AT RISK OF ANY KIND, RESTS EXCLUSIVELY WITH YOU, THE USER.
Rotoden’s service is controlled and offered through the services facilities in the United States of America. Rotoden makes no depiction that the provided services are appropriate or accessible outside of the United States. Access by users from alternative jurisdiction is done voluntarily, and will be held accountable for obedience of local laws.
Through use of Rotoden services, you agree to defend, indemnify, and hold unaccountable Rotoden, its parents, agents, directors, employees, and all other representation of Rotoden, against any and all claims, damages, obligations, losses, liabilities, costs and/or debts, and expenses, including but not limited to attorney’s fees, that may arise from (I) use and access of Rotoden services, (II) user violation of any aspect of this agreement, (III) user violation of any third party rights, including but not limited to any copyright, property, and/or privacy rights; or (IV) any claim that user content caused damage to a third party. This defense and indemnification accountability will survive these Terms of Service and user’s access of the services.
- Accepting Terms of Service
In agreement with Rotoden Terms of Service, you, the user, consent that you are at least 18 years of age, an emancipated minor, or possess the required consent of a legal parent of guardian, and that you are aware and competent, and therefore fully able to enter into and abide by any and all terms outlined in this Agreement. Rotoden’s services are not intended for any persons under the age of 13 years. Through accepting these Terms, you, the user, are asserting that you are of or beyond the age of 13 years. Rotoden encourages children and youth to speak with a guardian about appropriate web usage.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, though Rotoden may assign them, without restriction,