Welcome to Roar Social!
THESE TERMS OF SERVICE (“ToS”) APPLY TO YOUR USE OF THE COMMUNITY PLATFORM THAT WE OFFER AT OUR WEBSITE (WWW.ROARSOCIAL.COM) OR THE “SITE” AND THE MOBILE APPLICATIONS WHICH ARE REFERRED TO AS THE “APPS ”. THE SITE AND APPS ARE REFERRED TO COLLECTIVELY AS THE PLATFORM. THE FEATURES OF THE PLATFORM, INCLUDING THE INTERACTIVE AREAS, ARE CALLED THE ” SERVICES”.
YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE ToS (ON BEHALF OF YOURSELF). YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU ARE NOT AT LEAST 16 YEARS OLD.
SUPPLEMENTAL ToS OR DOCUMENTS THAT MAY BE POSTED ON PLATFORM FROM TIME TO TIME ARE HEREBY EXPRESSLY INCORPORATED HEREIN BY REFERENCE. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MAKE CHANGES OR MODIFICATIONS TO THESE ToS AT ANY TIME AND FOR ANY REASON. WE WILL ALERT YOU ABOUT ANY CHANGES BY UPDATING THE “LAST UPDATED” DATE OF THESE TERMS, AND YOU WAIVE ANY RIGHT TO RECEIVE SPECIFIC NOTICE OF EACH SUCH CHANGE. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE ToS TO STAY INFORMED OF UPDATES. YOU WILL BE SUBJECT TO AND WILL BE DEEMED TO HAVE BEEN MADE AWARE OF, AND TO HAVE ACCEPTED, THE CHANGES IN ANY REVISED ToS BY YOUR CONTINUED USE OF THE SERVICES AFTER THE DATE SUCH REVISED ToS ARE POSTED.
- Account Creation.
In order to use certain aspects of the Services, you must establish an account with Roar Social. You will be solely responsible for use of your account in accordance with these ToS.
- Your Representations.
You represent and warrant that:
(i) all required registration information you submit will be truthful and accurate; and
(ii) you will maintain the accuracy of such information.
- Account Responsibilities.
You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to immediately notify Roar Social of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Roar Social cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. License And Intellectual Property Rights
2.1 License to you.
Roar Social grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use the Services solely for your own enjoyment and not for commercial gain subject to these ToS. The Roar Social Services and the software, products and services made available to you in the course of using the Services (“Roar Social Content”) are not sold or transferred to you. Roar Social and its licensors retain ownership of all copies of the Service and Roar Social Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
2.2 License from you.
Subject to these ToS, you grant to Roar Social and unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of any and all documents, materials created and/or supplied by you (“User Content” ) (including the separate video, image, sound recording, or musical compositions contained therein) in any form and in any and all media or distribution methods, now known or later developed.
You agree that this license includes the right for Roar Social to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our ToS for such User Content use. Such additional uses by Roar Social, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the User Content and grant of rights herein.
2.3 Lawful Use.
You may only use the Services for your own enjoyment and not for commercial gain. In addition to the restrictions set forth in Section 2.4 and 3.1 and 3.2 below, you will be responsible for anyone who accesses the Service through your account and must ensure their compliance with these ToS. You will be liable for their breach thereof. You must ensure that you have obtained all necessary consents and approvals for Roar to access your account and use Your Data (as defined below) for the purposes permitted under these ToS. If you are in breach of this section, Roar Social may suspend Services if and to the extent necessary to mitigate or avoid imminent damage, in addition to any other rights and remedies Roar Social may have at law or in equity. Furthermore, although we have no legal obligation to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
2.4 Certain Restrictions.
The rights granted to you in these ToS are subject to the following additional restrictions: you may not
(i) modify, disassemble, decompile or reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third party or use the Services to provide time sharing or similar services for any third party;
(iii) make any copies of the Services;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services or features that enforce limitations on use of the Services;
(v) delete the copyright and other proprietary rights notices on the Services; or
(vi) access the Services in order to build a similar or competitive website, product, or service.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these ToS. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
Roar Social reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Roar Social will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Mobile Software And Your Mobile Account
3.1 License to use Mobile Software. As part of the Services, Roar Social makes available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software, you must have a Device that is compatible with the Mobile Software. Roar Social does not warrant that the Mobile Software will be compatible with any given Device. Roar Social hereby grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (v) delete the copyright and other proprietary rights notices on the Mobile Software; or (vi) access the Mobile Software in order to build a similar or competitive website, product, or service. You acknowledge that Roar Social may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on a Device and consent to such automatic upgrading on a Device and agrees that the ToS of these ToS will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Roar or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these ToS, is void. Roar reserves all rights not expressly granted under these ToS.
3.2 Mobile Software from the App Store. The following applies to any software and/or applications designed for mobile devices through which Roar Social makes the Service available acquired from the App Store store (“ App Store-Sourced Software”) : You acknowledge and agree that this Agreement is solely between you and Roar, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Roar Social as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these ToS and any law applicable to Roar Social as provider of the software. You acknowledge that, in the event of any third party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Roar Social, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these ToS. You and Roar Social acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of these ToS, Apple will have the right (and will be deemed to have accepted the right) to enforce these ToS as relates to your license of the App Store-Sourced Software against you as a third party beneficiary thereof.
3.3 Mobile charges. You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. By providing us with your mobile phone number, you agree to receive SMS messages from Roar Social related to the Services, including about promotions, your account, and your relationship with Roar Social. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent. If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else. You may opt out of receiving SMS messages by replying to any Roar Social SMS message with the keyword "STOP".
3.4 Roar Social Early VIP Access Messaging Terms.
a) Roar Social uses SMS messaging to provide you with information about Early VIP Access. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
b) The SMS programs STOP and HELP can be used and are designed to provide you with options to control and customize your experience, ensuring that you receive information and updates that are relevant to your preferences.
c) STOP Program.
The STOP program is an opt-out mechanism that allows users to unsubscribe from receiving SMS communications from Roar Social. If you wish to stop receiving messages from us, simply text "STOP" to the designated number provided in the messages you receive. Once you send this message, you will be promptly removed from our SMS distribution list, and you will no longer receive further communications.
d) HELP Program.
The HELP program is designed to provide assistance and support to users who may have questions or need clarification regarding our SMS communications. If you require help or have inquiries about the content of our messages, simply text "HELP" to the designated number provided in the messages. Our customer support team will respond to your inquiries promptly and provide the necessary assistance.
e) Data Handling and Privacy.
f) Customer Care and Changes to Preferences.
If, at any time, you wish to modify your preferences or reinstate your subscription to receive SMS communications, you can do so by visiting our website or contacting our customer support team. We are committed to providing you with control over your communication preferences.
g) Consent. By participating in our SMS programs STOP and HELP, you acknowledge and agree to the terms outlined in this Section. If you have any concerns or questions about our SMS programs or privacy practices, please contact us at email@example.com
4. Responsibility for User Content
4.1 User Content.
You are solely responsible for your User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of User Content that personally identifies you or any third party. You hereby represent and warrant that User Content does not violate the Acceptable Use Policy (defined in Section 4.2 below). You may not represent or imply to others that User Content is in any way provided, sponsored or endorsed by Roar Social. Because you alone are responsible for User Content, you may expose itself to liability if, for example, User Content violates the Acceptable Use Policy or the Community Guidelines. Roar Social is not obligated to backup any User Content, and User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of User Content if desired.
4.2 Acceptable Use Policy. The following terms constitute Roar’s “Acceptable Use Policy”:
- You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
(iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions.
- In addition, you agree not to:
(i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of the Services; or
(vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Roar Social reserves the right (but has no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, Community Guidelines or any other provision of these ToS or otherwise create liability for Roar Social or any other person. Such action may include removing or modifying User Content, terminating your account, and/or reporting you to law enforcement authorities.
4.4 Intellectual Property.
As between the parties, Roar Social will and does retain all proprietary and intellectual property rights, title and interest (including, without limitation, all intellectual property rights) in and to the Services, all trademarks, logos and service marks owned or asserted by Roar in and to the Services (“Marks”) and Roar Social Content. You retain all proprietary and intellectual property rights, title and interest in and to any data, information or material provided or submitted or made available by you to the Services (“ Your Data”) and your User Content.
If you provide Roar Social with any feedback concerning any aspect of the Services, you hereby assign to Roar Social all rights in such feedback and agrees that Roar Social shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate. Roar Social will treat any feedback you provide to Roar as non-confidential and non-proprietary. You agree that you will not submit to Roar any information or ideas that you consider to be confidential or proprietary.
In the event you believe that any content posted on the Services infringes your copyright or other intellectual-property rights, you may notify Roar Social by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Roar Social’s Copyright Agent:
Roar Social, Inc.
1001 Wilshire Boulevard,
Los Angeles, CA 90017
Attention: Copyright Agent
5. Roar Social Giving Wallet
5.1 Creation of Giving Wallet
When you want to make a donation to a Hero Cause from the content viewing screen, you will need to do so by creating and using a Roar Social Giving Wallet.
We issue the Roar Social Giving Wallet to you. It allows you to load a dollar value onto your Roar Giving Wallet in order to donate to Roar Social/Hero Causes using the Roar Social app. UNLESS OTHERWISE REQUIRED BY LAW, THE DOLLAR VALUE ON YOUR ROAR SOCIAL GIVING WALLET IS NONREFUNDABLE AND MAY NOT BE REDEEMED FOR CASH. The value on your Roar Social Giving Wallet is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
5.2 Loading Value on Your Roar Social Giving Wallet
When you wish to make a donation to a Hero Cause, you must do so using the Roar Social Giving Wallet. The first time that you wish to make a donation, you will be prompted to create a Wallet and to agree to these Terms.
The minimum amount which you may add to your Roar Social Giving Wallet is $5.00. The maximum amount which you may have on a Wallet is $999,999. All transactions are done in US dollars.
You will have the option to add $5, $10, $20 or a custom amount above $20 to your Roar Social Giving Wallet. We may change any of these amounts at any time without notice to you.
If you want to add $100 or more, you will be shown a message, asking you to confirm the fact that you wish to add more than $100 dollars to your Roar Social Giving Wallet.
You will have the opportunity to review and approve your Roar Social Giving Wallet amount and any associated third party fees at the time you agree to load money onto your Roar Social Giving Wallet. Once you review and approve the amount including any applicable third party fees, you will click on the “Fund” button where you will be redirected to a page to choose a payment method (i.e. Stripe, or a debit or credit card).
If you use a credit or debit card to purchase or reload your Roar Social Giving Wallet, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction ("Transaction"). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or our independent payment processor may attempt to contact you for additional information prior to authorizing the Transaction amount.
5.3 Donating from Your Roar Social Giving Wallet
Once you have loaded your Roar Social Giving Wallet, you can then make donations on video posts by tapping the Piggy Bank Donation button. All donations less third party fees will be paid to your designated Hero Causes.
You may only undo a donation from your Roar Social Giving Wallet before you leave the post in the content viewing screen, by re-tapping on the donation button. Once you leave the post, your donation cannot be reversed AND YOUR DONATION WILL BE FINAL.
5.4 Fees and Expiration of Roar Social Giving Wallet Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Roar Social Giving Wallet. Your Roar Social Giving Wallet has no expiration date nor does the value on your Roar Social Giving Wallet ever expire. However, if your Roar Social Giving Wallet is inactive for more than one year (no donations made), any remaining funds in the Roar Social Giving Wallet will be donated to the Hero Cause selected on your profile.
5.5 Receipts and Transaction History
Roar Social will comply with applicable reporting requirements with respect to donations.
5.6 No Refunds
A donation is a gift. Charitable donations are considered to be irrevocably dedicated to charitable purposes. Therefore, we will not refund any deposits made to, or donations made from your Roar Social Giving Wallet, all of which count as donations.
5.7 Your Responsibility
You are responsible for maintaining the confidentiality and security of your Roar Social Giving Wallet and any information related to your Wallet and for ensuring that there is no unauthorized use or access to your Roar Social Giving Wallet.
6. Use Of Your Data
6.1 Roar Social Use of Your Data.
Roar Social maintains commercially reasonable administrative, physical, and technical safeguards for the protection and security of any data used or processed by the Services. However, Roar Social cannot guarantee the safety or security of the Internet. You agree that Roar Social shall have no liability to you for any loss or corruption of any such data, including User Content, and you hereby waive any right of action against Roar Social arising from any such loss or corruption of Your Data or User Content.
6.2. Statistical Data.
Without limiting the confidentiality rights and intellectual property rights protections set forth in this ToS, Roar Social has the perpetual right to use aggregated, anonymized, and statistical data derived from the operation of the Services (“Statistical Data”), and nothing herein shall be construed as prohibiting Roar Social from utilizing the Statistical Data for business and/or operating purposes, provided that Roar Social does not share with any third party Statistical Data which reveals your identity.
7. Third Party Websites And Content And Offerings
7.1 No responsibility for Third-Party Websites.
The Platform may contain (or you may be sent via the Platform ) links to websites run by third parties (“Third-Party Websites”) as well as content produced by third parties ("Third-Party Content”). Such Third-Party Websites and Third-Party Content and Third Party Offerings are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform , including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Roar Social. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these ToS no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform relating to any applications you use or install from the Platform.
7.2 Purchases through Third-Party Websites.
Any purchases you make through websites or applications run by third parties (“Third-Party Websites”) will be through other websites and from other companies, and Roar Social takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that Roar Social does not endorse the products or services offered on Third-Party Websites and you shall hold Roar Social harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Roar Social harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites or Third-Party Offerings.
Roar Social reserves the right, but not the obligation, to:
(i) monitor the Services for violations of these ToS;
(ii) take appropriate legal action against anyone who, in its sole discretion, violates the law or these ToS, including without limitation, reporting such user to law enforcement authorities;
(iii) in its sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(iv) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ROAR SOCIAL (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ROAR SOCIAL (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
10. Limitation On Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Roar Social, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Roar Social; (b) your User Content, including infringement claims related to your User Content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.
12. Term And Termination
Subject to this Section, these ToS will remain in full force and effect while you use the Services. Roar Social may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these ToS, your right to access and use the Services will terminate immediately. Roar Social will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content or Your Data. The following will survive any expiration or termination of these ToS: The Preamble and Sections 1.2, 1.3,2.2, 2.3, 2.4, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11,12 and 13.
13.1 Governing Law; Jurisdiction.
These ToS will be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America, without regards to conflict of law principles.
13.2 Arbitration Agreement.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE ToS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ROAR SOCIAL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND ROAR SOCIAL AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS ToS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures as amended by these ToS. Any arbitration hearing will be held in Los Angeles County, California. The applicable governing law will be as set forth in Section 13.1 (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow these ToS and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these ToS, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Roar Social, or any products utilizing such data, in violation of the United States export laws or regulations or the laws of any other applicable country.
Roar Social is located at the address in Section 13.8. If applicable and if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
13.5 Electronic Communications.
The communications between you and Roar use electronic means, whether you use the Services or send Roar Social emails, or whether Roar Social posts notices on the Services or communicates with you via email. For contractual purposes, you
(i) consent to receive communications from Roar Social in an electronic form; and
(ii) agrees that all ToS, agreements, notices, disclosures, and other communications that Roar Social provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
13.6 Entire Terms.
13.7 Copyright/Trademark Information.
Copyright © 2023 Roar Social, Inc. All rights reserved. All Marks displayed on the Services are our property or the property of other third parties. you are not permitted to use these Marks without our prior written consent or the consent of any such third party which may own the Marks.
13.8 Contact Information:
Roar Social, Inc.
1121 North Kings Road,
West Hollywood, CA 90069