Studio Roqovan TOS
Terms of Service
TERMS OF SERVICESeptember 18th, 2015ACCEPTANCE OF TERMS Studio Roqovan provides this service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition you agree to be bound, when using our websites you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time.Studio Roqovan currently provides users with access to a collection of resources, including but notlimited to, various communications tools, personal web pages, forums, blogging, articles and shopping (the “Service”). You understand and agree that the service may include certain communications from Studio Roqovan, such as service announcements, administrative messages and a newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Studio Roqovan assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to accessthe Service.·YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.·MEMBER CONDUCT You understand that all information, data, text, software, music, sound,photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Studio Roqovan, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Studio Roqovan does notcontrol the Content posted via the Service and, as such, does not guarantee the accuracy, integrityor quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Studio Roqovan be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.You agree to not use the Service to:·upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;·harm minors in any way;·offer to sell any in-game items, characters, currency, accounts or powerlevelling services in any game where such transactions are prohibited by the publisher of the game·impersonate any person or entity, including, but not limited to, an Studio Roqovan official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;·forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
·upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);·upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;·upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.·upload, post, email, transmit or otherwise make available any material that contains software viruses, keyloggers or any other computer code, files or programs designed to interrupt, destroy, compromise the security of, or limit the functionality of any computer software or hardware or telecommunications equipment;·disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;·interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;·intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and ExchangeCommission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;·“stalk” or otherwise harass another; or·collect or store personal data about other users.·create multiple accounts for the same person to increase the score of any content rating or user reputation, manipulate Studio Roqovan to increase access to achievements or awards, or engage in “sock puppetry.”“` You acknowledge that Studio Roqovan may or may not pre-screen Content, but that Studio Roqovan and its designees shall have the right (but not the obligation) in their solediscretion to pre-screen, edit, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Studio Roqovan and its designees shall have the right to remove any Contentthat violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness,or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Studio Roqovan or submitted to Studio Roqovan, including without limitation information in Studio Roqovan forums, blogs, wikis, personal pages, and in all other parts of the Service.You acknowledge, consent and agree that Studio Roqovan may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such accesspreservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; © respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Studio Roqovan, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Studio Roqovan and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on theService, in whole or in part, is strictly prohibited.·SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.·CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE You shall be solely responsible for your own forum posts, blogs, personal pages, videos, images and any other contentsubmissions you make to the Service. Studio Roqovan does not claim ownership in your content submissions; you retain all of your ownership rights in your submissions. However, by submittingcontent the Service, you hereby grant Studio Roqovan a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Service and any Studio Roqovan (and its successor’s) business, including without limitation for promoting and redistributing part or all of theService (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you or Studio Roqovan administrators remove or delete your content submissions from the Service.·Studio Roqovan’ PROPRIETARY RIGHTS You acknowledge and agree that Studio Roqovan (or StudioRoqovan’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to beregistered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Studio Roqovan and that you shall not disclose such information without Studio Roqovan prior written consent.Unless you have agreed otherwise in writing with Studio Roqovan, nothing in the TOS gives you a right to use any of Studio Roqovan’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.Studio Roqovan gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Studio Roqovan as part of the Services (the “Software,” including, without limitation, all widgets, schemas, applications and APIs used in connection with the Service). You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Studio Roqovan, in writing.The Software is copyrighted by, proprietary to and a trade secret of Studio Roqovan. Subject only to the limited license rights described in this TOS, Studio Roqovan retains the title, ownership and intellectualproperty rights in the Software and all subsequent copies regardless of the form or media. The Software
is protected by the copyright and other intellectual property rights laws of the United States and international copyright and other intellectual property treaties. The TOS is not a sale of the Software.·INDEMNITY You agree to indemnify and hold Studio Roqovan, and its subsidiaries, affiliates, directors, officers, agents, co-branders, sponsors, advertisers or other partners, and employees,harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.·NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit forany commercial purposes, any portion of the Service (including your Studio Roqovan membership name), use of the Service, or access to the Service, without authorization from Studio Roqovan.·GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Studio Roqovan may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Contentwill be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sentfrom or received by an account on the Service, the maximum disk space that will be allotted onStudio Roqovan’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Studio Roqovan has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Studio Roqovan reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Studio Roqovan reserves the right to modify these general practices and limits from time to time.·MODIFICATIONS TO SERVICE Studio Roqovan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Studio Roqovan shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. This may include forfeiture of any earned points, rewards, levels, ranks, titles, and avatars.·TERMINATION You agree that Studio Roqovan may, under certain circumstances and without priornotice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, © a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, or (g) if Studio Roqovan, in its sole discretion, determines that your use of the Services is harmful to Studio Roqovan. Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to mail,Forums, Usergroups, Messages, Chat, Galleries, Blogs, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and © barring further use of the Service. Further, you agree that all terminations for cause shall be made in Studio Roqovan sole discretion and thatStudio Roqovan shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.·DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Studio Roqovan shall
not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.·LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Studio Roqovan has no control over such sites and resources, you acknowledge and agree that Studio Roqovan is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising,products, or other materials on or available from such sites or resources. You further acknowledge and agree that Studio Roqovan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on anysuch Content, goods or services available on or through any such site or resource.DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:·YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Studio Roqovan EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.·Studio Roqovan MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THEQUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORSIN THE SOFTWARE WILL BE CORRECTED.·ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.·NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Studio Roqovan OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.·A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOURFAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOUEXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE – DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.·LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Studio Roqovan SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Studio Roqovan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGESRECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
·EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.·SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Studio Roqovan and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of anyinformation transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.·NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS,there shall be no third party beneficiaries to this Agreement.·NOTICE Studio Roqovan may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.·GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and Studio Roqovan and govern your use of the Service, superseding any prior agreements between you and Studio Roqovan. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Studio Roqovan services, affiliate services, third-party content or third-party software.Choice of Law and Forum. The TOS and the relationship between you and Studio Roqovan shall be governed by the laws of the California, without regard to its conflict of law provisions. You and Studio Roqovan agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington.Waiver and Severability of Terms. The failure of Studio Roqovan to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOS are for convenience only and have no legal or contractual effect.
Advertisements. We may include advertisements on a Studio Roqovan game community site for services or products we offer, as well as services and products offered by other companies. These advertisements may target a particular set of users (for example, ads for a first-person shooter game might be displayed more often to people who have included the names of first-person shooter games in their profile). We do not provide any personally-identifying information to the advertising servers or agencies that display these advertisements.Information. Use A Studio Roqovan game community site includes services that are intended to help gamers form and maintain friendships with other gamers. As such, the information you provide is intended to describe yourself to other gamers. Any information that you provide that does not personally identify you (such as usage patterns, information about games you play, and so forth) may beused by Studio Roqovan for any reason, in its sole discretion.Studio Roqovan may contact you with newsletters, promotional information or other things relating to the service.Information SharingWe will never rent or sell your personally identifiable information to third parties for marketing purposes. If you instruct us to, Studio Roqovan may present your information to third-parties to carry out certain requests. For example, if you purchase a product through a Studio Roqovan game community site, we will provide your billing information to a third-party credit card processing or billingservice.When you customize your profile on a Studio Roqovan game community site, you are making this information publicly available, subject to friend request and approval. You can always delete theinformation you provide, but it is possible that some of this information might be retained by third-party search engines.We may provide aggregate information, such as demographic, psychographic and game-playing preference information to third parties as we deem appropriate. This information will never contain personally-identifying information.