Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We” and "Us", refers to Rollinglobe Media.
“Party”, “Parties”, or “Us”, refers to both the User and ourselves, or either the User or ourselves.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Rollinglobe Media (“Rollinglobe”) provides this website (the “Site”) and all associated content including email and RSS reeds (feeds) to the User(s) according to these terms and conditions of use (the “Site Terms”). By using or accessing this site, you agree, explicitly and implicitly, to obey, comply with, and be bound by all terms and conditions, policies, and guidelines incorporated by reference herein. Should you NOT agree with any or all of the provisions of these terms do not use the website.
Notification of Changes
Rollinglobe reserves the right to change or modify these and any of the terms and conditions stated herein, or any policy or guideline of the website, at any time and in its sole discretion. Any and all changes or adjustments to these terms and conditions, policies, and guidelines, will be effective immediately upon posting of the revision(s) on the website. Your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our ‘Privacy Policy’ page and on other key pages on the site. If there are any changes in how we use the Users’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 15 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual Users. We constantly review our systems and data to ensure the best possible service to our Users. Please see our Privacy Policy for more information link.
Ownership; Copyright; and Trademarks
All materials, electronic and otherwise, on this site, including, but not limited to, the Rollinglobe name and logo, all designs, posts, listings, images, illustrations, information, photos, data, software, sound and video files (collectively, the “Content”) and the selection and arrangement there of are protected by copyright, and owned or controlled by Rollinglobe Media, the party credited as the provider, creator, or owner of the Content, licensors, or users and are protected by U.S. and international copyright laws. All other trademarks, registered trademarks, product and company names, services, processes, or other information mentioned on the Site are the property of their respective owners. Reference to any services, processes, products, or other information does not constitute or imply endorsement, recommendation, or sponsorship there of by Rollinglobe. The Site and all Content is © 2009 Rollinglobe Media All Rights Reserved.
Use of Content on the Site
Any User(s) may not reproduce, create derivative works from, upload, post, republish, transmit, or distribute in any way the Content, any or all, from the Site without the prior written consent of the Company.
Rollinglobe does however grant the User(s) a limited, nonsublicensable license to access and use the Site and to view, copy, and print portions of the Content. Said license and licensee is bound and subject to the Terms & Conditions of the Site, specifically in accordance with the following: 1) you view, copy, and print for personal and non-commercial use 2) you do not change or make derivative use of the Site or any portion, specifically the Content therein 3) all Content and any or all portion of the Site is used for its intended purpose only and no other 4) no data gathering, extraction, and/or mining methods or any similar robots may be used at any time 5) any reproduction must include “© 2009 Rollinglobe Media All Rights Reserved” 6) no logo or demarcation of ownership is removed.
Use of any or all portions of the Site or the Content without the permission of Rollinglobe is prohibited and will terminate the license. Additionally, any unauthorized use may violate U.S. and/or international intellectual property laws and rights, including but not limited to trademark and copyright laws; nothing in the Terms & Conditions and this limited license allows, explicitly or implicitly, for such infractions. This limited license is revocable at any time and under the sole discretion of Rollinglobe.
Your use of the Site and the Content in accordance with this limited license represents and warrants that you will not and do not break any law, violate the rights of any other party, or breach any current contract with an outside party.
Your use of the Site and Content forces you to expressly agree to indemnify Rollinglobe Media against any liability to any party incurred by your use of the Site and/or the Content not in accordance with the Terms.
User Generated Content
There are sections and areas of the Site, including but not limited to profiles, comments, reviews, and forums, that may be created and/or reviewed or edited by you, the User, or other User(s). All Content, in any form, may be accessible to any and all Users of the Site and the public, directly or indirectly. When creating any Content, material, taking any action on the Site, or communicating in any capacity through the Site, the User(s) must abide by the following guidelines set forth in:
- Do not post threatening, libellous, defamatory, harassing, obscene, pornographic, indecent, lewd, suggestive, invasive of privacy or publicity rights, abusive, fraudulent, or otherwise objectionable material in the form of, but not limited to, messages, data, information, text, music, video, photos, graphics, codes or anything else that could be interpreted as Content.
- Do not post any material that can or would infringe on U.S. or international copyright and trademark laws.
- Do not post any material or information that you know to be confidential or sensitive as deemed by financial or governing authorities or any other entity that could claim such.
- Do not post any content or material that encourages, instructs, or provokes criminal offense, violation of the rights of any recognizable entity, or break the law of any governing body.
- Do not post solicitations, postulations, promotions, political campaigning, advertising, religious indoctrination, or general propaganda.
- Do not post content or material with the intention of impersonating anyone, thing, or entity other than yourself or a group with which you are known to publicly represent.
- Do not post private information of any person or entity including but not limited to phone numbers, email or postal addresses, social security or tax identification numbers, and credit card or financial identification numbers or information.
- Do not post/upload any harmful, disruptive, and/or destructive files including but not limited to viruses and corrupted data.
- Do not post any content or material that is unrelated to the topic at hand or an overarching topic.
- Do not post any content or material that jeopardizes the legal, social, moral, and/or financial standing of Rollinglobe Media and its affiliates, partners, and employees in any light other than the most positive and legitimate.
Proprietary Rights of Content on Rollinglobe
Rollinglobe does not claim, nor desire, any ownership rights of the Content posted, uploaded, published, distributed, or otherwise submitted by User(s) on/to the Site that include but are not limited to files, images, photos, video, text, works of authorship, or any other individual material. By posting, publishing, submitting, releasing, or distributing Content to or through the Site the User(s) grant Rollinglobe and all those associated with the Company a nonexclusive, royalty free, perpetual, transferable, sublicensable, irrevocable limited license and right to use, reproduce, distribute, adapt, translate, modify, publish, display publicly, and create derivate work from any Content in any media channel and format, now and created herein after, throughout the world except Content marked “Private” when the option to mark such content is available. Rollinglobe and all associated with the company are under no obligation to offer the User(s) any payment for Content or the limited license or right to use any posted, uploaded, published, or submitted material. Additionally you forever waive, release, and agree not to claim or assert entitlement to any right, tangible or intangible, of compensation for the use of any rights of Content used by Rollinglobe, its licensees, successors, or any other affiliates.
In the event Rollinglobe Media enters into or experiences a business transition, including but not limited to a merger, acquisition by another entity, and/or sale of a portion of its assets, the User(s)’s personal information, all User(s) submitted Content, in most instances, and the User(s) Agreement to these Terms & Conditions be part of the assets transferred.
Rollinglobe reserves the right to reject, remove, refuse, or delete any Content at any time and for any reason based on its sole discretion which includes but is not limited to violation of this agreement, the Terms, the breach of any law of any governing entity, violation of any right of any person or entity, or indication to harm or threaten the safety of any person or entity. This right does not include or implicate, directly and/or indirectly, nor obligate Rollinglobe Media to assume any responsibility to monitor the Site, the conduct or any action that may constitute ‘conduct’, of its User(s), and all Content created, published, or submitted by the User(s) for inappropriate, illegal, or morally questionable Content, material, conduct, or communication. Should Rollinglobe exercise the right to delete, remove, refuse, or reject any Content, this by no means obligates the company to take the same action in the future. Rollinglobe takes no responsibility or liability for the conduct of the User(s) submitting any such Content or communicating in a fashion on the Site.
Disclaimer regarding Liability and other Responsibilities or lack thereof
The limited license and right to use any Content on the Site is by no means an indication or implication of ownership and liability of the Content submitted by any/all User(s). Rollinglobe takes no responsibility and assumes no liability for any Content posted, uploaded, stored, submitted, distributed, or otherwise published by the User(s) or any third party, or for any damage or loss thereto, nor is Rollinglobe liable for any inappropriate Content the User(s) or any other visitor of the Site may encounter throughout the Site, including but not limited to incorrect information, defamation, libel, slander, falsehoods, mistakes, obscenities, pornography, profanity, or any other offensive and/or illegal materials.
Rollinglobe is not responsible, liable, nor makes any warranty, explicitly or implicitly, for any User created and/or submitted Content or the accuracy and reliability of User Content posted, submitted, uploaded, distributed, stored, or otherwise published on the Site. Any and all User Content and Conduct on the Site is opinion of the individual User(s) and does not represent or reflect the opinion, standing, or policies of Rollinglobe or its affiliates.
By posting, distributing, publishing, uploading or taking any other action that would constitute a submission of Content to the Site, the User represents and warrants that he/she/they own the Content or right to distribute the Content and that the Content does not violate any privacy rights, publicity rights, copyrights, trademarks, or the other rights of any person or entity. The User(s) will always and forever assume ownership, responsibility, and liability, legal and otherwise, for the Content that they submit, post, distribute, or otherwise publish on the Site. The User(s) agrees to pay, fully, for all royalties, fees, penalties, and/or any other retribution owing any person or entity incurred by the submission of any or all Content posted by you, the User(s), on or through the Site and/or Rollinglobe Media.
Rollinglobe reserves the right to investigate and take appropriate legal action against any and all User(s) who, in Rollinglobe’s sole discretion, violates these Terms & Conditions and jeopardizes the legal, financial, social, and/or public standing of the company, including without limitation, removing the offending User(s) and Content from the Site and seeking financial, and other, retribution for any and all punitive actions and/or reporting the offender(s) to law enforcement authorities.
The User(s) are solely responsible for their interactions with other User(s) on the Site and away from the Site in any and all respects. Rollinglobe reserves the right, but has no obligation, to involve itself and appropriate law enforcement authorities in any way with disputes between Users.
The Site may contain links to third party websites and/or third party content as either a service of the Site or included in the Content of a User(s). Use these links at your own risk; Rollinglobe takes no responsibility or liability for the content or their intentions, makes no claim or representation of said third party sites, and their existence on the Site includes no endorsement, sponsorship, affiliation, or adoption of any third party sites and their respective content. You should read and review all applicable Terms & Conditions and policies of any third party site.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ROLLINGLOBE OR ITS OWNERS, EMPLOYEES, AND/OR ANY OTHER AFFILIATES BE LIABLE TO YOU, THE USER(S), OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, FINANCIAL, OR OTHERWISE SPECIAL DAMAGE, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS, DAMAGE CAUSED TO YOUR COMPUTER, SOFTWARE, SYSTEMS, PROGRAMS, AND DATA THEREON DERIVED FROM YOUR USE AND CONDUCT OR THAT OF OTHER USER(S), IN ANY CAPACITY ONLINE OR OFFLINE, ON THE SITE, EVEN IF ROLLINGLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Copyright Infringement and Complaint Policy
If you believe that Content or material on the Site has been copied to, on, or through Rollinglobe in such a way that these actions infringe on copyright or trademark rights, please provide written notification of such an infringement with the following information:
- Discernable identification of the copyrighted work that you claim was infringed.
- Discernable identification of claimed infringement, citing specific material on the Site
- All necessary contact information
- The following statement, “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- The following statement, “I swear, under the penalty of perjury, that the information within the notification is accurate and that I am the copyright owner or I am authorized, legally, to act on behalf of the owner.”
- Signature in physical or electronic form
Send the claim to:
Rollinglobe Media
Attn: Legal Department
66 Pearl Street Suite 303
New York, NY 10004
legal@rollinglobe.com
Please note that you, the claimant, may be liable for all damages, including attorneys fees and other relevant costs, should you make a false claim of copyright infringement.
Advertisements and other Promotions
Rollinglobe runs advertisements and promotions from third parties on the Site. Rollinglobe takes no responsibility or liability for any interaction between any and all User(s) and any third party(s), regardless of whether the Company is responsible for the introduction of business or any other relationships. Additionally, Rollinglobe is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings.
Termination of Agreements
You are free to terminate your agreement with Rollinglobe Media at any time. The formal process for the Termination of Agreements is deletion of the User Account and Profile on the “Member Preferences” page. This act immediately severs all connection between the User(s) and the Company and voids, indefinitely, all conditions of the agreement set forth in the Terms & Conditions of the Company from the point of Termination. Please note that the Termination of Agreements does not void the Limited License granted by the User(s) to the Company and their subsequent Right(s) to any and all Content created and submitted by the User(s) to the Site during their relationship with the Company, please see the “Proprietary Rights in Content on Rollinglobe” section for more information on the Limited License and Rights to Content.
Disputes
The Agreement is and shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law provisions. The User(s) and Rollinglobe agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any dispute arising out of the Agreement or any interaction with Rollinglobe Media. All of the involved parties hereby knowingly, intentionally, and voluntarily waive any right it may have to trial by jury with respect to any litigation, including all claims, arising out of, in connection, or under this agreement. In addition, every party hereto certifies that no agent, representative, or other of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each party acknowledges that this section is a material inducement for the other party entering into the Agreement.
Indemnity
The User(s) agrees to indemnify and hold Rollinglobe Media, any subsidiaries, affiliates, owners, officers, agents, partners, and employees, free from any loss, claim, demand, retribution, and/or liability claimed by any third party incurred from the User(s)’s use, interaction, and association with the Company in violation or breach of this Agreement and/or the User(s)’s representation and warranty put forth in this Agreement.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he, she, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Rollinglobe Media
Attn: Legal Department
66 Pearl Street Suite 303
New York, NY 10004
legal@rollinglobe.com
These terms and conditions form part of the Agreement between the Client and yourselves. Your accessing of this website and/or registration of the Agreement indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein.
© 2009Rollinglobe Media All Rights Reserved