eRooster: Terms of Service

  1. General Conditions & Eligibility

    1. You must fully understand and agree to all Terms and Conditions of Service in order to use or join Erooster.tv (the "Site"). If you do not agree to the Terms and Conditions of Service, including the Privacy Notice and Contest Rules, do not use or join the Site.

      1. All users must be 18 years of age or older, unless if they are between the ages of 15-18 and have parental consent to use the Site.

      2. By agreeing to the Terms and Conditions of Service, you represent and warrant that you are either 18 or older, or you have the consent of your parent(s)/or guardian(s) to use the Site. You further agree to provide accurate registration information, to keep the information current, and to register for one account.

      3. Users are solely responsible for the content submitted to the Site, as well as for any and all information you provide on your personal Profile Page (See Privacy Policy, ¶1.2).

      4. These Terms of and Conditions Service may be modified by Erooster at any time. Please review them regularly as it is your responsibility to be aware of all conditions of use, even as Erooster may attempt to provide users notice when major changes are made to these Terms and Conditions of Service.

      5. This agreement shall not confer any rights to third parties in any manner. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such third-party dealings, are solely between you and such third parties. Erooster will not be and is not responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users and third parties as the result of the presence of such third parties posting content on the Site advertising on the Site, or otherwise using the Site.

      6. While using or accessing the Erooster Site, you may be exposed to a variety of assorted media content from a range of sources. Erooster.tv is a user-community - driven Web site and Erooster, Inc. is not liable for third-party content and takes no responsibility for the reliability, accuracy, offensiveness, indecency, safety, or opinions associated with such content. By your use of the Site, you agree to indemnify and hold harmless Erooster, its owners, operators, and related parties, as regards all content-related matters pertaining to and/or regarding the Site.

      7. By your use of the Site, you acknowledge that you understand the Terms and Conditions of Service for using the Site and that Erooster reserves all rights to determine terms and conditions of use, including the right to charge for any services or change its fees for services at any time, upon notification.

  2. Use of Site Content and Rights

    1. Use of Site content shall include, but not necessarily be limited to, any interactivity by a party with the Site that is authorized by these Terms and Conditions of Service, the Contest Rules, or any other express written statement issued by Erooster. Such use includes browsing the site, interacting with content, entering contests, as well as contest hosting, as described in Section 8 of the Erooster Contest Rules.

      1. When entering a contest that is not created by Erooster, by doing so you acknowledge Erooster's limited liability under these Terms and Conditions of Service and agree to hold Erooster harmless for and against any loss, liability, claim, demand, damages, cost, or expenses, including attorney's fees, as a result of entering said contest.

      2. A respective contest creator shall indemnify and hold harmless Erooster, Inc., in accordance with Section 13, below, for any costs or fees incurred by Erooster, including attorneys fees, as a result of any loss, liability, claim, demand, damages, or expenses, arising from said contest.

    2. All content on the Site not submitted by users, including but not limited to videos, text, pictures, and/or other media, graphics, logos, trademarks, software, music, advertisements, and/or files are owned by or licensed to Erooster and therefore Erooster reserves all rights regarding their use ("Erooster Content"). No Erooster Content may be downloaded, copied, reproduced, modified, distributed, displayed, posted, broadcast, transmitted, sold, or licensed, in whole or part, in any way whatsoever, without prior express written permission from Erooster.

    3. All of the same reserved rights in ¶2.2, above, shall apply to user comments, blogs, or messaging on the Site. Erooster reserves all rights not expressly reserved by users or granted regarding Site content.

    4. Users retain all ownership rights in their respective user-submitted content, limited only as discussed in Part 3, below.

    5. You may only subscribe, download, use or hyperlink to Site content in a manner for which Site functions are designed and allow for, without unauthorized modifications or tampering. Copying or distribution of third-party content obtained through the Site is also prohibited without authorization. Circumventing, disabling, or interfering with security-related or other Site features restricting use or copying of content, or enforcing other limitations, is prohibited and will lead to membership termination.

  3. User Submission of Content

    1. Once you register with Erooster and establish account you may upload videos, text, pictures, and/or other media on the Site. You are solely responsible for the any and all content you upload, publish, share, display on the site, or to which you provide a hyperlink or Web address of any type. Therefore, you shall take full responsibility for any and all consequences of publishing, posting, or sharing content on the Site and Erooster assumes no responsibility or liability for the content, no obligation to remove inappropriate content, and no responsibility or liability for the content supplied by members, except as required by Digital Millennium Copyright Act (DMCA).

    2. By uploading content to the Site, you are affirming and warranting that you own the copyright to that content and/or your have all necessary rights, permission, consent, and/or licenses to use and authorize the use of and publication of such content by Erooster.

    3. By uploading content to the Site you thereby irrevocably grant Erooster a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license without limitations to use, publicly display, distribute, and/or reproduce user-created and/or user-submitted content in connection with the Site or for any other purpose including, but not limited to, advertising, commercials, promotions, derivative works thereof, partnerships, joint ventures, or commercial use in any current or future media format. You are further granting Erooster the rights and license to use any trademark, copyright, trade secret, or proprietary rights to and embodied in any and all submissions uploaded and/or provided by you. Erooster may include and use any user-provided content or derivatives thereof in any manner contemplated by the Site or otherwise related to the Site.

    4. By uploading content to the Site you also hereby grant all Site users a non-exclusive license to use, share, view, perform, and create derivative works threrefrom to the extent permitted through the access and functionality of the Site and under the Terms and Conditions of Service and applicable laws. The above licenses granted by you are hereby irrevocable.

  4. Third-Party Advertisements, Products, and Representations

    1. Erooster does not warrant, guarantee, endorse, or assume responsibility or liability for any third-party representations or products or services offered, sold, or advertised through the Site, available via hyperlinks to third-party sites, banners, or ebooks. Erooster will not be responsible for monitoring such transactions as described herein.

    2. While Erooster will make all reasonable efforts to partner with and sell advertising to reputable companies, please use caution and good judgment when using the Internet and using third-party sites.

  5. User Conduct for Erooster.tv

    1. As a condition of using the Site, you agree NOT to engage in or do the following:

      1. Use of another member's identity or log in information.

      2. Use of the Site in an unauthorized or unlawful manner, including, but not limited to, damaging, disabling, or impairing use of the Site by Site administrators or its members.

      3. Use the site for data collection, compiling e-mail lists, spamming, or for sending mass e-mails to members, sending chain letters/chain e-mails, promoting pyramid schemes, or soliciting members under 18 years old for any purpose whatsoever.

      4. Register more than one account or impersonate another member, or represent yourself as anyone other than yourself, including establishing a user account for another party.

      5. Solicit other members with advertisements and/or product and/or service offerings.

      6. Submit, create, and/or store harmful, illegal, or indecent content.

      7. Steal or collect other members' personal information.

      8. Upload any material that contains software viruses, computer codes, files, or programs designed to corrupt or destroy the functionality of the Site.

      9. Submit or participate in the submission of illegal content or acts in which may violate local, state, national, or international law.

      10. Harass or intimidate third parties.

      11. Sell or market products without the consent or compliance of the Erooster site.

      12. Tamper or alter any advertisement on the Site without the consent of Erooster.

  6. Copyright and Applicable Statutes

    1. Erooster values and respects copyrighted material and related content rights and will remove infringed material from the Site within a reasonable time from receiving notice, pursuant to requirements of the DMCA. If you have copyrighted content in which you own or control an interest and you believe your copyright has been infringed, you may submit notification containing the following information to Erooster and the content will be removed in accordance with the statute (See 17 U.S.C. 512(c)(3) for details):

      1. Provide a physical or electronic signature of the copyright owner or authorized representative;

      2. Identify and provide a description of the copyrighted work claimed to have been infringed (if multiple copyrighted works, a representative list works);

      3. Provide identification and location of the alleged infringed material on the Site, so as to allow Erooster the ability to locate such material;

      4. Provide your contact information, including your name, address, telephone number, and e-mail address;

      5. Provide a statement, by you, that you have good faith belief that use of the material in the manner concerned about is not authorized by the copyright owner, its agent, or the law; and

      6. Provide a statement that all information supplied by you is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    2. To provide notice, please go to the Site where concerned parties should choose the "Contact Us" hyperlink and submit the information, described above, via e-mail (Please use Subject: Report a copyright infringement).

  7. Other Applicable Statutes

    1. Erooster will consider concerns from parties regarding violation of any applicable laws as a result of content posted Site content and, upon consideration, will remove content as it sees fit.

    2. Erooster reserves the right to remove content from the Site pending the outcome of negotiations or legal proceedings involving that content, but shall not be responsible or liable for any content that is the subject of any negotiation or dispute of any type for which it has not been provided notice, as described and required herein under ¶6, or for any delays or refusal by Erooster regarding content removal.

  8. Removal of Videos

    1. Erooster will remove videos and/or content it deems inappropriate for the Site and requests that users help to police Site content by flagging and identifying inappropriate content. Erooster will remove the following content types, as well as any other types it may choose, if the content is too graphic, by nature.

      1. Erooster reserves the right to determine independently whether content or member submissions are appropriate or inappropriate and to remove content deemed inappropriate without prior notice and at its sole discretion. Inappropriate content includes, but is not limited to:

        1. Content depicting, promoting, or inciting unlawful, obscene, illegal or indecent acts

        2. Content that is threatening toward a third party, or that may be libelous, defamatory, or promoting of violence in general or toward an individual or group.

        3. Content of excessive length.

        4. Content depicting sex and nudity

        5. Content depicting or regarding disgusting or gruesome subject matter

        6. Content depicting or regarding prejudice, racism, bigotry, or intolerance.

        7. Content promoting, endorsing, or resulting in unwanted e-mail content (i.e., "spam").

  9. Membership and Service

    1. Erooster reserves the right to terminate any user's membership at any time should that member violate any of these Terms and Conditions of Service, including, but not limited to, the terms outlined in ¶6-8 herein.

    2. Erooster reserves the right to modify or terminate the Erooster service at any time, without notice.

    3. While Erooster reserves the right to modify these terms of use at any time, users generally will be notified of any significant changes to Site policies via e-mail or via posting on the Site. Continued use of the Erooster services confirms your acceptance of and agreement to use the Site in accordance with the revised Site policies.

      1. Please review Site policies regularly to familiarize yourself with any and all modifications.

    4. Any and all fees and/or deposits paid or provided for Site services are non-refundable.

    5. Erooster reserves the right, in accordance with any and all applicable laws, to refuse service and access to the Site and Site content to anyone for any reason at any time.

  10. Disclaimer

    Erooster cannot and does not guarantee or promise any outcome, effect, or results due to use of the Site. The use of the Site shall be at your sole risk. Erooster cannot and does not assume responsibility for Site content, products promoted by third parties on the site, text, Site hyperlinks, advertisements, portals, transmitted or shared content among site users, or any other matter or condition related to the site and its user-generated and/or uploaded content. Content can be and may be offensive, inappropriate, or objectionable and does not necessarily reflect the opinions, policies, or views of Erooster, Inc. Erooster assumes no responsibility for the accuracy or completeness of any content. Erooster makes no warranties or representations regarding third-party sites or any sites or content accessible via hyperlinks from the Site.

    To the fullest extent permitted by law, Erooster, its officers, directors, employees, agents, contractors, and associates disclaim all warranties, express or implied, in connection with the Site and your use thereof, or that the Site or its servers, or any platform applications are free of viruses or any other harmful components. Under no circumstances does Erooster take responsibility for technical malfunctions or damage caused thereof, defect, communication failure, unauthorized access to, alteration of, failure of e-mail or players, loss or damage of user content, damage through downloading material from the Site or in connection with the Site, damages or loss of your computer system/data or any other loss or damage from using or attempting to use the Site, including property damage, personal injury, or death resulting said use or attempted use of the Site, whether the subject events be between users online or offline. Erooster further assumes no liability or responsibility for personal or financial information stored online, any computer viruses transmitted through the Site, or damages caused by the content circulated through the Site.

    Erooster does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any third party site accessible via hyperlink from the Site or featured in any banner or other advertising on the Site, and Erooster will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  11. Limitation of Liability

    As a condition of using the Site, you agree that in no event shall Erooster, its officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, exemplary, special, or punitive damages, including lost profits damages, arising from your access to or use of the Erooster Site or services, even if Erooster has been advised of the possibility of such damages. This shall include any unauthorized access to, or use of, Erooster's secured servers and/or any personal or financial information stored therein, interruption or cessation of transmission to or from the Site, as well as any computer viruses, bugs, or Trojan horses which may be transmitted through the Site by a third party. This limitation of liability shall extend to all content exposed through the Site, including, but not limited to, third-party hyperlinks, software, and advertisements. You hereby acknowledge that Erooster shall not be liable for user-placed content and any and all risk of harm or damage rests with you, the user.

  12. Limitation of Action

    You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site must be filed within one (1) year after such claim or cause of action arises, or otherwise such cause of action shall be barred in perpetuity.

  13. Indemnity

    You agree to defend, indemnify, and hold harmless Erooster, its parent company, its officers, directors, employees, agents, partners, subsidiaries, and affiliates from and against any loss, liability, claim, demand, damages, cost or expenses, including attorney's fees, arising out of or in connection with the use or access to the Site, including, without limitation, any copyright, privacy right, or property right, third party personal or corporate right, conduct in connection with the Site, or any damage caused by you, including damage to a third party. Unless expressly stated in writing to the contrary, this indemnification obligation shall continue in perpetuity in the event of the removal, modification, or termination of the Site, Erooster, Inc., or its subsidiaries, successors in interest, and/or assigns.

  14. Governing Law:

    By visiting and availing yourself of the Erooster.tv Site/service, you agree that the laws of the State of Nevada, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions of Service and any dispute of any sort that might arise between you and Erooster or any of its officers, directors, employees, agents, partners, subsidiaries, and/or affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of the State of Nevada, USA, and you hereby consent to such jurisdiction and to waive all defenses of lack of personal jurisdiction in the state and federal courts of the State of Nevada, USA.

  15. Arbitration

    YOU AND EROOSTER AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Contest Rules then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Erooster marketplace or related service may be arbitrated.

    Arbitration under this agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS AND CONDITIONS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the site and/or service (including your visit to or use of the site and/or the service) be instituted more than one (1) year after the cause of action arose.

  16. Miscellaneous

    If any provision of these terms and conditions of service shall be deemed unlawful, void, or for any reason unenforceable or invalid, then that provision shall be deemed severable from these terms and conditions of service and shall not affect the validity and/or enforceability of any remaining provisions, which shall continue in full force and effect.