RootZoo Terms of Service

PLEASE READ THESE TERMS OF SERVICE THOROUGHLY BEFORE USING THE SERVICES. YOUR CLICKING OF THE "I ACCEPT" BUTTON OR YOUR ACCESS, BROWSING, OR OTHER USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AND ANY OF THE RELATED GUIDELINES OR POLICIES, INCLUDING ANY SUBSEQUENT CHANGES MADE TO THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, IMMEDIATELY REFRAIN FROM YOUR ACCESS AND CONTINUED USE OF THIS SITE.

1.  ACCEPTANCE OF TERMS

The webpages available at www.rootzoo.com, and all linked pages ("Site"), are owned and operated by RootZoo, Inc. ("RootZoo"), a Delaware corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

2. MODIFICATIONS OF TERMS OF USE

RootZoo reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the modifications constitute a material change to the Terms of Service, RootZoo will notify you via email. What constitutes a "material change" will be determined at RootZoo's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Service, RootZoo may offer to provide certain services and content, as described more fully on the Site as ("Services"). Services shall include, but will not be limited to, any service and content RootZoo performs for you, as well as the offering of any materials displayed or performed on RootZoo.com (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. RootZoo may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. RootZoo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. ELIGIBILITY

Use of and Membership on RootZoo.com is void where prohibited. By using the RootZoo.com website and services, you represent and warrant that (a) all registration data you submit is truthful and accurate; (b) you will maintain the accuracy of such data; (c) you are 14 years of age or older; and (d) your use of the RootZoo.com website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if RootZoo believes that you are under 14 years of age.

5. TERM

This Agreement shall remain in full force and effect while you use the RootZoo website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on your Account Settings page. RootZoo may terminate your Membership at any time, without warning. Even after Membership is terminated, the terms and conditions of this Agreement will remain in effect.

6. NON-COMMERCIAL USE BY MEMBERS

The RootZoo website is for the personal use of Members only and may not be used in connection with any commercial endeavors unless such endeavors have been specifically endorsed or approved by RootZoo.com. Illegal and/or unauthorized use of RootZoo.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the RootZoo Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and discussion threads without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the RootZoo website.

7. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with RootZoo and select a password and screen name ("RootZoo User ID"). You shall provide RootZoo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your RootZoo account. You may not (i) select or use as a RootZoo User ID a name of another person with the intent to impersonate that person; (ii) use as a RootZoo User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a RootZoo User ID a name that is otherwise offensive, vulgar or obscene. RootZoo reserves the right to refuse registration of, or cancel a RootZoo User ID in its discretion. You shall be responsible for maintaining the confidentiality of your RootZoo password. You agree not to use the account, username, or password of another Member at any time or to disclose your password or another Member’s password to any third party. You agree to notify RootZoo immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Services are available only to individuals who are at least 14 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

8. PROPRIETARY RIGHTS IN CONTENT ON ROOTZOO.COM

RootZoo.com does not claim any ownership rights in the text, files, images,  photos, logos, video, sounds, musical works, works of authorship, statistics, or any other materials (collectively, "Content") that you post to the RootZoo Website. After posting your Content to the RootZoo Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the RootZoo Website, you hereby grant to RootZoo.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the RootZoo Website.

Without this license, RootZoo.com would be unable to provide the RootZoo Services. For example, without the right to modify Member Content, RootZoo.com would not be able to digitally compress audio and video files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, RootZoo.com could not allow Users to view videos and listen to audio files posted by Members. The license you grant to RootZoo.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to RootZoo.com), fully-paid and royalty-free (meaning that Rootzoo.com is not required in any way to pay you for the use on the RootZoo Website of the Content that you post), sublicensable (so that RootZoo.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the RootZoo Website), and worldwide (because the Internet and the RootZoo Website are global in reach). This license will terminate at the time you remove your Content from the RootZoo Website. The license does not grant RootZoo.com the right to sell your Content, nor does the license grant RootZoo.com the right to distribute your Content outside of the RootZoo Website and Services.

  • You represent and warrant that: (i) you own the Content posted by you on or through the RootZoo Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the RootZoo Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the RootZoo Website.
  • The RootZoo Website contains Content of RootZoo.com ("RootZoo Content"). RootZoo Content is protected by copyright, trademark, patent, trade secret and other laws, and RootZoo owns and retains all rights in the RootZoo Content and the RootZoo Website. RootZoo hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the RootZoo Content (excluding any software code) solely for your personal use in connection with viewing the RootZoo.com Website and using the RootZoo Services.
  • The RootZoo website contains Content of Users and other RootZoo licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the RootZoo Website.

9. CONTENT POSTED

  • RootZoo may delete any Content that in the sole judgment of RootZoo violates this Agreement or which may be offensive, illegal, racist, or violate the rights, harm, or threaten the safety of any person. RootZoo assumes no responsibility for monitoring the RootZoo Website for inappropriate Content or conduct. If at any time RootZoo chooses, in its sole discretion, to monitor the RootZoo Website, RootZoo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  • You are solely responsible for the Content that you post on or through any of the RootZoo Website, and any material or information that you transmit to other Members and for your interactions with other Users. RootZoo does not endorse and has no control over the Content. Content is not necessarily reviewed by RootZoo prior to posting and by no means reflects the opinions or policies of RootZoo. RootZoo makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

10. CONTENT AND ACTIVITY PROHIBITED

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the RootZoo Website. RootZoo reserves the right to investigate and take appropriate legal action against anyone who, in RootZoo’s sole discretion, violates this provision, including without limitation, removing the offending communication from the RootZoo Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of RootZoo:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person,
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph of another person that you have posted without that person's consent; or
  15. for user profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the RootZoo Website and through your use of the RootZoo Website. RootZoo reserves the right to investigate and take appropriate legal action against anyone who, in RootZoo’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the RootZoo Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the RootZoo Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, RootZoo reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RootZoo deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the RootZoo Website, you acknowledge that you will have caused substantial harm to RootZoo, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RootZoo $40 for each such unsolicited email or other unsolicited communication you send through the RootZoo Website;
  3. covering or obscuring the banner advertisements on your personal profile page, or any RootZoo page via HTML/CSS or any other means;
  4. any automated use of the system, such as using scripts to add friends or send comments or messages;
  5. interfering with, disrupting, or creating an undue burden on the RootZoo Website or the networks or services connected to the RootZoo Website;
  6. attempting to impersonate another Member or person;
  7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  8. selling or otherwise transferring your profile to ownership of another individual or entity;
  9. using any information obtained from the RootZoo Website in order to harass, abuse, or harm another person;
  10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the RootZoo Website on behalf of that person, such as placing commercial content on your profile, writing any articles or discussion thread postings with a commercial purpose, sending private messages with a commercial purpose; or
  11. using the RootZoo Website in a manner inconsistent with any and all applicable laws and regulations.

11. MEMBER DISPUTES

You are solely responsible for your interactions with other RootZoo Members. RootZoo reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. COPYRIGHT COMPLAINTS

RootZoo respects the intellectual property of others. It is RootZoo's policy to respond expeditiously to claims of copyright and other intellectual property infringement. RootZoo will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, RootZoo may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. RootZoo will terminate access for subscribers and account holders who are repeat infringers.

Notifying RootZoo of Copyright Infringement: To provide RootZoo notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of abuse@RootZoo.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing RootZoo with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide RootZoo with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@RootZoo.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.

13. TRADEMARKS AND SERVICE MARKS

"RootZoo," "RootZoo.com" and RootZoo's logos are trademarks, service marks or registered trademarks of RootZoo, and may not be copied, used or imitated, in whole or in part, without the prior written permission of RootZoo. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without RootZoo's permission. Additionally, all page headers, graphics, icons, and scripts are service marks and/or trademarks of RootZoo, and may not be copied, imitated, or used, in whole or in part, without RootZoo's prior written permission. All other RootZoo names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by RootZoo.

14.  LINKS AND THIRD PARTY CONTENT

RootZoo or third parties may provide links on the Site to other sites or content. RootZoo has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Site. RootZoo provides links to you only as a convenience, and the inclusion of any link on the Site does not imply RootZoo's affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Site, RootZoo's terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

15. CHANGES TO THIS USER AGREEMENT

RootZoo reserves the right to change or modify any of the terms and conditions contained in this User Agreement, or any policy of the Site, at any time and in its sole discretion. If RootZoo decides to change this User Agreement, it will post a new version on the Site and update the effective date set forth above. Any changes or modifications to this User Agreement or policy will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this User Agreement and any other applicable policies, including their dates, to understand the terms and conditions that apply.

16.  PRIVACY

Use of the RootZoo Website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

17. DISCLAIMERS

RootZoo is not responsible for any incorrect or inaccurate Content posted on the RootZoo Website or in connection with the RootZoo Website, whether caused by Users of the RootZoo Website or by any of the equipment or programming associated with or utilized in the RootZoo Website. Profiles created and posted by Members on the RootZoo Website may contain links to other websites. RootZoo is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by RootZoo. Inclusion of any linked website on the RootZoo Website does not imply approval or endorsement of the linked website by RootZoo. When you access these third-party sites, you do so at your own risk. RootZoo takes no responsibility for third party advertisements which are posted on this RootZoo Website or through the RootZoo Website, nor does it take any responsibility for the goods or services provided by its advertisers. RootZoo is not responsible for the conduct, whether online or offline, of any User of the RootZoo Website.

RootZoo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. RootZoo is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the RootZoo Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RootZoo Website. Under no circumstances shall RootZoo be responsible for any loss or damage, including personal injury or death, resulting from use of the RootZoo Website, attendance at a RootZoo event, from any Content posted on or through the RootZoo Website, or from the conduct of any Users of the RootZoo Website, whether online or offline. The RootZoo Website and its related Services are provided "AS-IS" and as available and RootZoo expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RootZoo cannot guarantee and does not promise any specific results from use of the RootZoo Website.

18. LIMITATION ON LIABILITY

IN NO EVENT SHALL ROOTZOO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ROOTZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROOTZOO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROOTZOO FOR THE ROOTZOO WEBSITE DURING THE TERM OF MEMBERSHIP.

19.  DISPUTES

If there is any dispute about or involving the RootZoo Website, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either RootZoo or you may demand that any dispute between RootZoo and you about or involving the RootZoo Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent RootZoo from seeking injunctive relief in a court of competent jurisdiction.

20. INDEMNITY

You agree to indemnify and hold RootZoo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the RootZoo Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the RootZoo Website or through the RootZoo Website causes RootZoo to be liable to another.

21. OTHER

This Agreement is accepted upon your use of the RootZoo Website or any of the RootZoo Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and RootZoo regarding the use of the RootZoo Website. The failure of RootZoo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RootZoo is a trademark of RootZoo, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: contact@RootZoo.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.