TERMS OF USE

This is a contract (“Terms”) between you and Rocketium, Inc. (“Rocketium,” “we,” or “us”), applicable when you use our sites, services, mobile applications, products, and content provided by Rocketium, globally, in existence now or in the future (“Rocketium Services”).

These terms are a binding agreement

Please go through this document and give us your feedback and suggestions on how to make our service better. (We’d really like to hear from you: email your input to contact@rocketium.com.) For another, by using Rocketium Services, you agree to be bound by everything in these Terms. If you don’t agree to the Terms, please don’t use Rocketium.

Your content

You own the rights to the content you post on Rocketium. We don’t claim ownership over any of it. However, by posting or transferring content to Rocketium, you give us permission to use your content solely to do the things we need to do to provide Rocketium Services, including, without limitation, storing, displaying, reproducing, and distributing your content. This may include promoting your content with partner companies or services for broader broadcast, distribution, or publication.

We will never sell your content to third parties without your explicit permission.

By publishing on Rocketium, you agree to allow others to view your content.

We don’t pre-screen user content, but we have the right (though no obligation) to refuse or remove any content you post or transfer to Rocketium Services for any reason.

You are free to delete your content from Rocketium at any time, though there may be a delay in removing it from public view due to operational requirements and for the purpose of future audit if required so. If you delete your account or content, it may be permanently unrecoverable.

You’re responsible for the content you submit to Rocketium and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the content on Rocketium, and that doing so doesn’t conflict with any other licenses you’ve granted.

Fair Usage Policy

People may have different opinions on what our rules should be, so we’ve included our own posts to help show where we draw the line with our policies. However, these things are rarely black and white—for each post we have to consider the text, images, embeds and links within them. We'll do our best to consider the context and interpret the post objectively.

If you come across a post that seems to break the rules (as mentioned below), you can report it to us. Our team will take a look and let you know if we remove it.

Rules:

A post is not allowed if it -

  • Attacks, bullies or harasses non-public people
  • Is fraudulent or deceptive
  • Is someone else's personal information or requests a minor's personal information
  • Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm Promotes self-harm, eating disorders or hard drug abuse
  • Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services
  • Represents a private person offering to trade or sell drugs, alcohol, tobacco, firearms or other hazardous materials
  • Includes hate speech
  • Is gratuitously violent or gory
  • Infringes anyone's intellectual property, privacy or other rights
  • Contains any information or content that’s illegal

You also aren’t allowed to:

  • Use Rocketium’s name, logo, trademark or branding without our consent
  • Access, tamper with or use non-public areas of Rocketium, our systems or our technical providers' systems
  • Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
  • Use any undocumented or unsupported method to access, search, scrape, download or change Rocketium or anything on it
  • Use off-domain redirects for third party tracking
  • Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent
  • Use Rocketium user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Rocketium to send altered source-identifying information
  • Try to reverse engineer any of Rocketium’s software
  • Try to interfere with any Rocketium user, host or network, for example by sending a virus, overloading, spamming or mail-bombing
  • Collect or store personally identifiable information from Rocketium or its users without their permission
  • Impersonate or misrepresent your affiliation with any person or entity, including Rocketium
  • Do anything that violates applicable law or regulations
  • Share your password, let anyone access your account or do anything that might put your account at risk
  • Sell your username or otherwise transfer it for compensation
  • Create or show ads that look like or could be confused with Rocketium content (for example, embedding Rocketium actions like post, follow or unfollow in your ads)
  • Encourage or help anyone do any of the things on this list

If you run a contest or other type of promotion on Rocketium, please encourage authentic behavior, keep Rocketium spam-free and be sure to comply with all relevant laws and regulations. In addition, please:

  • Don't require participants to post a specific image
  • Don't allow more than one entry per participant
  • Don't suggest that Rocketium sponsors or endorses you or the promotion

Rocketium Commercial License Terms

There are two general types of Users of the Services, registered users that have registered with Rocketium or who have registered with an authorized third party that provides access to Rocketium Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view, collaborate or review the video or its content. Registered Users who pay Subscription Fees in order to use the Services for commercial purposes are referred to as “Commercial Users.” The term "commercial purposes" shall mean any use of an Rocketium video that directly or indirectly derives a commercial benefit or financial gain.

There are 2 types of Commercial Users as of now: (1) Rocketium “Essential” & Rocketium “Professional” account holders who may use Rocketium Videos for commercial purposes, but may only distribute or otherwise make available Rocketium Videos to third parties who have agreed to use the Rocketium Videos for non-commercial purposes, and (2) Rocketium “Business” account holders, who may use Rocketium Videos for commercial purposes, and may also distribute or otherwise make available Rocketium Videos to third parties who intend to use Rocketium Videos for commercial purposes.

This Terms of Service Agreement was last updated on July 31st, 2017. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

The Services are owned and operated by Rocketium Inc., a Delaware Corporation with a place of business at 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702 USA. The Rocketium Services provide Users with the ability to have a video ("Rocketium Video") automatically created by Rocketium using uploaded photographs or video clips ("Image Content") set to a selected or uploaded music track ("Musical Content").

By registering with us, you agree that all information provided to us is true and accurate and you will keep it current. You are fully responsible for activities or transactions that relate to your account and details in your Settings page.

All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy at https://rocketium.com/privacy, which is incorporated by reference into these Terms of Service.

Payment of Subscription Fees

If you are a paid User, you agree to pay all per-use Subscription Fees or fees associated with your usage, as appropriate ("Subscription Fees"). All subscriptions paid through third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Subscription Fees or your use of the Site.

If, for any reason, your payment is not received by Rocketium, your paid User account will revert to a free User account until payment is received by us. You agree that until your paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are nonrefundable.

Conduct

You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your Content or communications through the site, including Image Content, Musical Content, and Rocketium Videos (collectively, "Content").

You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us. You agree that you will not upload, share, or otherwise distribute any Content that:

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or
  8. are to be used for a commercial purpose of any kind, unless you are a Commercial User.

We do not endorse the contents of any drafts or videos. We do not pre-screen or monitor your content. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.

Third Party Sites and Information

Our Site may include links to other sites on the Internet (for example, source for license-free images, videos and music), or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We do not endorse nor assume any liability for the third party websites, services, or products.

Intellectual Property

Rocketium's Intellectual Property Rights. Rocketium is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of Rocketium’s Services without Rocketium's written permission is strictly prohibited.

Rocketium's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Rocketium, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Rocketium.

Rocketium’s Services include a user interface that allows you to upload user content and customize certain aspects of your desired Rocketium Video. You are granted a limited right to use those services only in conjunction with the Site and in accordance with these Terms of Service. Your inputs are then handed off to Rocketium’s proprietary video creation engine, which automatically creates the Rocketium Video. Users do not have direct access to the video creation engine and therefore you receive no license to use it. Rocketium’s Services (including its user interface and video creation engine) are Rocketium’s intellectual property, and the subject of pending and issued patent applications.

Others' Intellectual Property Rights. Rocketium deeply respects the third party intellectual property rights that may be implicated in creating an Rocketium Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating an Rocketium Video using Rocketium's proprietary software, you will be able to use your own Image Content such as photos, graphics, text, or video segments. You will be able to either upload your own Musical Content, or select Musical Content available from Rocketium. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.

Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Rocketium Video. For example, professionally-taken photographs should not be used in an Rocketium Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in an Rocketium Video unless you have received a license to do so from the owner of the copyright.

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Rocketium Video and must add the owner using the credits attribution fields. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.

Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in an Rocketium Video. If you are unsure whether you have the necessary rights to use music in an Rocketium Video, we encourage you to choose Musical Content available through Rocketium. You agree that you will not alter or modify the fundamental character of any music available through Rocketium or third party sites linked to by our Site.

You may want to search for Musical Content or Image Content through the Creative Commons.

You warrant that all Image Content and Musical Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as you intend to use them and as contemplated by the Site and grant Rocketium the rights described herein. Unless you are a Commercial User, all use of the Site is limited to personal, non-commercial purposes only.

If you have paid the appropriate Subscription Fees to become a Commercial User, you may then create Rocketium Videos that you may use for commercial purposes subject to this agreement and all applicable laws and regulations. However, you may not use Rocketium Videos created prior to, after, or outside of your Commercial User membership for commercial purposes. For example, if you create an Rocketium Video as a (non-Commercial) User, and subsequently become a Commercial User, you may not use said Rocketium Video for commercial purposes. Your use of the Site and Rocketium Videos created therefrom is limited to only acceptable commercial purposes as defined herein.

Please be aware that if you are a Commercial User, your use of Content may also be considered a use for commercial purposes pursuant to copyright laws. Even if you believe you have certain rights to use third-party Content in an Rocketium Video, you should ensure that you have the appropriate rights to use such Content for commercial purposes and within the Scope of Use. We cannot, and do not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Content within your Scope of Use, you should consult an attorney.

Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Please email contact@rocketium.com for complaints and customer service inquiries.

Disclaimer of Warranties

ALL ROCKETIUM SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR EXCLUSIVE REMEDY AND ROCKETIUM'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID ROCKETIUM, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, USD 1.00).

IN NO EVENT SHALL ROCKETIUM OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. ROCKETIUM SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Rocketium, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Rocketium’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Rocketium reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Rocketium in asserting any available defenses.

Distribution of Rocketium Videos by Essential and Professional Account Holders

Commercial Users with a Essential/ Professional account may, during the Term, distribute or otherwise make available Rocketium Videos to third parties if such third parties agree to use the Rocketium Videos for personal use only, and subject to Rocketium's Distribution Terms set forth below. For example, Professional Users may not distribute or make available Rocketium Videos to third parties if such third parties intend to use the Rocketium Videos directly or indirectly to derive a commercial benefit or financial gain. Your account may be terminated without prior notice or reimbursement if you distribute Rocketium Videos in violation of this agreement.

Distribution of Rocketium Videos by Business Account Holders

If you have obtained a Business Subscription from Rocketium, then the following terms shall apply to you (a "Reseller"):

  1. During the applicable term of the Business Subscription ("Reseller Term"), Reseller may distribute or otherwise make available completed Rocketium Videos to third parties subject to Reseller's fully paid and current subscription, timely payment of any other fees due to Rocketium, if applicable, and subject to Rocketium's Distribution Terms set forth below.
  2. Reseller's Subscription, and/or Rocketium account, may be terminated without prior notice or reimbursement if Reseller distributes Rocketium Videos in violation of these terms.
  3. Reseller agrees to promptly provide to Rocketium any and all reasonably requested information sufficient for Rocketium to verify Reseller's compliance with these terms.
  4. Reseller is not an agent or representative of Rocketium, has no authority to act on behalf in any manner or enter into any binding agreement on behalf of Rocketium, will make no representations to any parties relating to Rocketium's Services or Videos other than as contained in the Distribution Terms set forth below, and shall have no authority to alter, enlarge, or limit Rocketium's most current written warranty, if any.

Distribution Terms – Commercial Users

For distributing Rocketium Videos to third parties, Business plan Users must obtain the third party's agreement to the below Distribution Terms (1)-(7). In addition, “Essential” and “Professional" account holders will ensure the third party agrees to Distribution Term (8). If Commercial User does not obtain the third party’s agreement to the below terms, Commercial User agrees to indemnify and defend Rocketium for any and all claims or causes of action arising from the third party’s use of Rocketium Videos. Commercial User assumes all responsibility for compliance with the terms of this Agreement by third party recipients of Rocketium Videos.

  1. The video provided with these terms ("Video") is licensed, and not sold. Therefore, you do not own the Video, and must comply with these terms in using the Video.
  2. You are granted the limited rights to use, copy, perform and display the Video. You may not distribute the Video to others. You are not granted the rights to use, copy, perform or display the Video for broadcast television, radio, or theatrical media.
  3. You will not use Videos for any illegal or immoral purposes, including without limitation for unauthorized or illegal advertising or promotional materials, such as junk mail, spam, chain letters, or pyramid schemes.
  4. You may not modify the Video in any way.
  5. The Video is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
  6. In no event shall Rocketium inc. nor the provider of the Video be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any web site referenced or linked to from the Site.
  7. You agree to indemnify and hold Rocketium Inc. and the provider of the Video, and each of their parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use or misuse of the Video, your failure to comply with applicable laws, or your failure to comply with these terms.
  8. You may only use the Video for non-commercial purposes; in other words, you may not use the Video in any way that directly or indirectly derives a commercial benefit or pecuniary gain.

Audit Rights – Commercial Users

Rocketium (or a third party hired by Rocketium for such purpose) shall have the right, at any time, to inspect and audit all accounts, records and other types of Commercial User’s information to determine compliance with the terms contained herein. The costs of such audit shall be borne by Rocketium unless the audit uncovers that the Commercial User has materially breached this Agreement, and then Commercial User shall be responsible for reimbursement of all reasonable costs and expenses of such audit.

Governing Law

The laws of the state of Delaware, USA, will apply to all matters relating to these Terms of Service and the Services without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods.

Agreement to Arbitrate All Disputes

Notwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in Newark, Delaware, USA. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person’s claims. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

We may modify these Terms at any time

We can change these Terms at any time. If the changes are material, we’ll let you know by email or posting a notice on the site before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. If you don’t agree to the new terms, please request for deletion of your account within the Notice Period. If you do not delete your account within the Notice Period, your content and use of the site will be subject to the new terms going forward.

This document was last updated on July 31, 2017.

We may modify our Services at any time

We do our best to provide you a reliable and evolving service, but we may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

Privacy

When you use Rocketium Services, you consent to the collection and use of information as detailed in our PRIVACY POLICY.

No children please

Rocketium is only for people 13 years old and over. If you’re under 13, we’re sorry, but you’re not allowed here. If we learn a child under 13 is using Rocketium we will terminate the child’s account.

Third-party account use for sign-ins

We currently use third parties like Facebook, Google to create and authorize user accounts. By using those third-party services, you agree to their terms of use, privacy policy, and other agreements between you and them.

Account Termination

Rocketium will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Rocketium reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Rocketium may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

Copyright

Rocketium operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here. As part of Rocketium's copyright policy, Rocketium will terminate user access to the Website and Apps if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once.

Please read these carefully:

1. YOU USE THE ROCKETIUM SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

2. ROCKETIUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ROCKETIUM SERVICES. FOR EXAMPLE, WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE ROCKETIUM SERVICES WILL BE CORRECTED.

3. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ROCKETIUM SHALL NOT BE LIABLE 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 ROCKETIUM 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 MESSAGES RECEIVED 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; (V) OR ANY OTHER MATTER RELATING TO THE ROCKETIUM SERVICES.

4. THE FAILURE OF ROCKETIUM TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. THE TERMS AND OUR PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND ROCKETIUM AND GOVERN YOUR USE OF THE ROCKETIUM SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND ROCKETIUM (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS). YOU AGREE THAT THESE TERMS AND YOUR USE OF THESE TERMS OF USE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE ARTICLES AND/OR MEMORANDA OF UNDERSTANDING AS DECIDED BY THE BOARD OF ROCKETIUM.

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, SERVICES OR THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE RESOLVED THROUGH ARBITRAGE. IN ANY CASE, ALL DISPUTES AND CLAIMS ARE SUBJECT TO THE JURISDICTION OF THE COURTS OF KARNATAKA ONLY. BEFORE RESORTING TO COURTS, WE STRONGLY ENCOURAGE YOU TO CONTACT US DIRECTLY TO TRY TO WORK IT OUT.

We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know at contact@rocketium.com.