i. rollApp Inc. ("rollApp") provides the rollApp Web sites including www.rollApp.com, rollMyFile.com and other rollApp content (collectively, the "rollApp sites") subject to your compliance with the terms and conditions below. Please read this before accessing the rollApp sites. By accessing the rollApp sites, you agree to be bound by (1) the terms and conditions below as well as (2) rollApp Privacy Policy, found at http://www.rollApp.com/privacy. If you do not wish to be bound by these terms and conditions or the Privacy Policy, you may not access or use the rollApp sites.
Prohibited Activity. While visiting the rollApp sites, you agree not to: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the rollApp sites in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the rollApp sites or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder. You also agree not to alter or modify any part of the Service, provided by rollApp sites.
Age Requirement for Use of the Service. The rollApp sites is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
Personal Use of the Service. You agree that the service provided by the rollApp sites is provided for your own personal use and that you will not share your account with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else.
Communication. You agree that rollApp may use your email address to contact you regarding your account, activity on rollApp sites, or other matters related to your use of the service.
rollApp has no obligation to monitor the rollApp sites. However, you agree that rollApp has the right to monitor the rollApp sites electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the rollApp sites properly, or to protect itself or its subscribers. rollApp will not intentionally monitor or disclose any private electronic-mail message unless required by law. rollApp reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
If you are a copyright owner or an agent thereof and believe that any Content, published on rollApp sites, infringes upon your copyrights, you may submit a notification by providing rollApp with the following information in writing:
Please send the information specified above to Copyright Agent, rollApp, 530 Lytton Avenue, 2nd Floor, Palo Alto, CA, 94302, USA, email: copyright@rollApp.com.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, rollApp may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at rollApp's sole discretion.
When making purchases or other transactions through the rollApp sites or the Internet, you may also be asked by the Merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the rollApp sites will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the rollApp sites. rollApp is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
rollApp takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the rollApp sites. Further, rollApp makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the rollApp sites for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall rollApp be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
If you are dissatisfied with the rollApp sites or with any terms, conditions, rules, policies, guidelines, or practices of rollApp in operating the rollApp sites, your sole and exclusive remedy is to discontinue using the rollApp sites.
You agree to defend, indemnify and hold rollApp and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the rollApp sites or the Internet or the placement or transmission of any message, information, software or other materials on the rollApp sites or on the Internet by you or users of your account.
rollApp™ and other names, logos and icons identifying rollApp and rollApp's products and services referenced herein are trademarks or registered trademarks of rollApp. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
THE SOFTWARE PUBLISHED ON THE rollApp sites IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
USE OF THE SOFTWARE PROGRAMS PUBLISHED ON rollApp sites ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE.
ROLLAPP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH ITS SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ROLLAPP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Entire Agreement. This Terms of Service supersedes all other agreements, warranties, or representations with regard to your use of the rollApp sites. rollApp may amend the terms of this Agreement from time to time by posting such amendments on the Web site under our Terms of Service.
Force Majeure. Performance of the rollApp sites may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
Governing Law. This Terms of Service shall be governed by and construed under the laws of the State of California without regard to its conflict of law provisions.
Dispute Resolution. Any dispute or controversy arising under or in connection with this Terms of Service shall be fully and finally resolved solely by binding arbitration conducted in Santa Clara County, California under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator's name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.
Severability. To the extent that any provision of this Terms of Service is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Terms of Service.
No Waiver. Failure by rollApp to exercise or enforce any of its rights under this Terms of Service shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion.