Effective as of March 1, 2015Welcome to the ROLR online service. This document describes the terms under which RoleStar, Inc. (“RoleStar”), provides the rolr.me website, the ROLR service, and any applications (including mobile telephone and/or tablet applications) or websites that we may make available (collectively, the “Service”), however accessed.
If you use or access the Service on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization.
Changes and Modifications. We may change or amend these terms from time to time. If we make material changes, we will notify you either through posting a prominent notice within the Service or through other reasonable means. If we make changes to these terms, we may ask that you affirmatively consent to the new terms; if we do not, such changes will become effective thirty (30) days after we have posted a prominent notice within the Service. If you do not agree to the changes, you must immediately discontinue your use of the Service; otherwise, the new terms will apply to you. As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be accessed and used and in accordance with this Agreement and with applicable law. We grant you no other rights, implied or otherwise.
Links to Other Services. The Service may contain links to independent third-party websites or services (“Linked Services”). For example, clicking the “Buy/Rent” button will take you directly to Apple’s iTunes Store, where you will interact with Apple and not with us. These Linked Services are provided solely as a convenience to our members. Such Linked Services are not under our common ownership or control, and we are not responsible for and do not necessarily endorse the content or practices of such Linked Services, including any information or materials contained on, or accessed through, such Linked Services. You will need to make your own independent judgment regarding your interaction with these Linked Services.
2. Description of the Service
General Description. The Service is a video-collaboration application that allows members to record interchangeable, conversational video with other members, based upon scripted interactions (which are typically derived from well-known, pop culture content).
Adults Only. The Service is intended for adults only. You must be eighteen (18) years of age or older – or, if you are thirteen (13) years of age or older, have the consent of your parent or guardian, who must and hereby does consent to these terms – to use the Service.
3. Conditions of Use
As a condition of your use of the Service, you agree to the following:
- You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license, or assign your account, username, or any account rights. You also represent that all information you provide (or have provided) to us upon registration and at all other times will be true, accurate, current, and complete; you agree to update your information as necessary to maintain its truth and accuracy.
- You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction.
- You will not use User Content (as defined below) in, or incorporate User Content into, any theatrical motion picture, home video motion picture or new media production, compilation, or commercially distributed product.
- You will not upload, post, email, transmit, or otherwise make available any content that violates an individual’s right to publicity or privacy.
- You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable.
- You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
- You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You will not transmit any worms or viruses or any code of a destructive nature.
- You will not copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Service or any part thereof.
- You will not attempt to capture the output of the Service via third party means. For example, you agree not to use screen recording or video download technologies to record any portion of the Service or to download any content made available on or through the Service.
- You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- You will not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable content.
4. User Content
A. Types of User Content
The Service allows members to upload, transmit, publish, and disseminate audio, video, and other such content, for the purposes of performing scenes from major motion pictures (“Performances”) and combining those Performances to create pairings with another member of the Service (“Pairings”). Any such content, which involves the Performance or Pairing of scripts and/or scenes we provide, is called “Derivative User Content,” because it is derived from content owned by, and/or licensed to us by, our content provider partners and not content owned or controlled by you.
Derivative User Content is made up of two parts: Performances and Pairings. Performances happen when you act out one part in a provided scene. Pairings are created when you combine two (or more) Performances based on the same provided scene, to create the completed scene envisioned by the author.
The Service also allows you to upload, transmit, publish, and disseminate text for the purpose of commenting on the Performances and Pairings of other members. Any such content is called “Original User Content,” because it is original to you and is not derived from content owned by, and/or licensed to us by, our content provider partners.
B. Ownership of User Content; Representations
When you submit Original User Content on or through the Service, you retain ownership of any copyright (or any other right) you claim to your Original User Content. When you submit Derivative User Content on or through the Service, you hereby waive any copyright (or any other right) you may hold in and to any such Derivative User Content.
With regard to both Derivative User Content or Original User Content (collectively, “User Content”), you also represent and warrant that, with respect to all User Content that you upload, transmit, publish, and/or disseminate through the Service, (a) you have all of the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, and/or otherwise exploit such User Content in connection with the Service (and to grant us the licenses and permissions set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.
C. License & Waiver
By submitting User Content as set forth above, you agree to grant, and hereby do grant, to us – and to our successors, assigns, entities that are under our common ownership or common corporate control, and third party service providers – a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and/or publicly perform, your User Content for the purpose of providing you with the Service and for purpose of advertising and promoting the Service, our company, or its affiliated entities or partners — including, but not limited to, through the rolr.me website and through our social media channels, such as Facebook — in any medium and by any means currently existing or yet to be devised.
You also grant to the members of our Service a worldwide, non-exclusive, royalty-free, fully paid license to use the User Content, solely as permitted through the Service. For example, when you create a Performance, you authorize other members of the Service to combine your performance with their own to create a Pairing.
When you submit Derivative User Content on or through the Service, you agree to waive – and hereby do waive – any and all other right (including copyrights) that you may hold in submitted Derivative User Content.
5. Deleting Your User Content
The Service helps you share your User Content with other members. By using the Service, you give us and other members of the Service certain rights in your User Content. For example, members who publish Performances give others the right to Pair and comment on those published Performances. You may occasionally wish to delete User Content that you have made available using the Service. Deletion of User Content is handled through your Performances page within the Service. Deleting a Performance removes that Performance from the application– as well as all previously created Pairings containing that Performance.
6. Right to Publicity
By submitting User Content as set forth above, you hereby grant us (and our successors, assigns, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable right and permission to use, publish, broadcast and/or exploit in any manner your name, likeness, and User Content, in their current form or as retouched, cropped, altered, distorted, or modified in any way, in any and all advertising and promotional materials based upon or derived therefrom, in any manner whatsoever, for any and all purposes, including – by way of example but without limitation – advertising, promoting, or publicizing products or services throughout the universe, in perpetuity, in any and all media now known or hereafter devised, in conjunction with this or other advertising or promotions, without additional compensation.
7. DMCA / Intellectual Property
If you believe that we, or a member of our Service, may have violated a copyright, trademark right, or any other intellectual property right that you claim, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) and our Intellectual Property Policy at copyright[at]rolr.me. Please review our DMCA / Intellectual Property Policy for more information on how to properly notify us of an intellectual property concern.
8. Our Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Our Content, contained in the Service is owned, controlled, or licensed by RoleStar, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights. Your Original User Content (as defined above) is owned by you; your Original User Content is not Our Content.
Except as expressly provided in this Agreement, or otherwise permitted by law, Our Content may not be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution, or for any other purpose, without our express prior written consent.
9. Violation of this Agreement – Termination
You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is our policy to terminate access for those who violate the copyrights, trademark rights, or other rights of third parties.
If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to the Service.
10. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY PRODUCT PURCHASED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AND ANY PARTY UNDER OUR COMMON OWNERSHIP OR COMMON CORPORATE CONTROL (COLLECTIVELY, “OUR AFFILIATES”), HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (iv) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (v) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (i) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE; (ii) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; OR (iii) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR CONTENT, INCLUDING USER CONTENT, OR FOR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) that we may incur in connection with any claim arising out of your breach of this Agreement, or the representations and warranties contained herein, or your use of the Service. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
14. General Terms
Entire Agreement. This Agreement is the whole legal agreement between us with regard to your use of the Service. It governs your use of the Service and completely replaces any prior agreements between us with respect thereto. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from us, our affiliates, or our parents or subsidiary entities.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the State of California, without regard to its conflicts of laws provisions. You agree to personal jurisdiction by, and venue in, the state and federal courts of Los Angeles County, California.
Dispute Resolution. In the event of any controversy or dispute between us arising out of or in connection with your use of the Service, we will attempt, promptly and in good faith, to resolve the dispute. If we are unable to resolve any such dispute within a reasonable time, not to exceed ninety (90) days, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the Service, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The exclusive place of arbitration shall be Los Angeles County, California. The arbitration shall be governed by the laws of the State of California. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the fees of any arbitrator(s), administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign, sublicense, or delegate all rights, licenses, and obligations under the Agreement, fully or partially.
Third Party Beneficiaries. Each of Our Affiliates is an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be deeded a third party beneficiary to the Agreement.