RockDaisy.com Website Terms and Conditions

These Website Terms and Conditions (“Agreement”) have been last updated on August 11, 2021.

 

IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AND COOKUE POLICY INCORPORATED BY REFERENCE, IMMEDIATELY DISCONTINE USE THIS WEBSITE.

 

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE WEBSITE. THIS IS A LEGAL AGREEMENT BETWEEN US AND YOU. ADDITIONALLY, THE COMPANY PRIVACY POLICY (AS DEFINED BELOW) AVAILABLE AT https://www.rockdaisy.com/Content/policies/Privacy-Policy.html AND COOKIE POLICY AVAILABLE AT https://www.rockdaisy.com/Content/policies/Cookies-Policy.html ARE INCORPORATED BY REFERENCE AND IS A PART OF THIS AGREEMENT.

 

 

AGREEMENT

By purchasing, accessing, and/or using the website www.RockDaisy.com or other webpages available at such domain (collectively, “Website”), you accept that you have read and agree to these Website Terms and Conditions (“Agreement”), and agree to be bound as a party to the Agreement with RockDaisy LLC ("Company", "us" or "we"). We reserve the right, in our sole discretion, to change, modify, add, or remove portions of the Agreement at any time. We encourage you to review the Agreement periodically; upon your use or access to the Website, you agree to the latest-updated Agreement in effect at such time.

 

In addition to the terms and conditions herein, the Company Privacy Policy, available at https://www.rockdaisy.com/Content/policies/Privacy-Policy.html, and Cookie Policy, available at https://www.rockdaisy.com/Content/policies/Cookies-Policy.html, are incorporated by reference hereto.

 

You represent and warrant that you own or control the device in which the Website will be used, and that you have the right, authority and capacity to enter into this Agreement and be bound by all its terms and conditions. This Agreement also applies to any updates, supplements, and services that are not provided under a separate agreement with us. 

 

You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer any rights to the Website. You agree that you will not use any device or software to attempt to interfere with the proper working of the Website. You may not violate or attempt to violate the security of our Website. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with the Website, or the source code thereof, nor may you access such source code, except that you are permitted to view the HTML code as provided by your browser’s basic and lawful functions. The Website, its content, and all underlying source code and software are the sole property of the Company. You may not create derivative works of the Website or any portions thereof.

 

You are solely responsible for any costs you incur to access the Website from your device, including without limitation internet, equipment, devices, and/or service plans. Company makes no representation that the Website can be accessed on all devices or wireless service plans. Company makes no representation that the Website is available in all languages or that the Website is appropriate or available for use in any particular location. The Company makes no representation that the Website can be used on all versions of all operating systems or browsers; you understand and acknowledge that Website updates, your system, or your declination to accept cookies may cause the Website or some of its features to cease working on some devices, browsers, or operating systems, particularly if they are not the most current versions thereof.

 

 

THIRD-PARTY SERVICES:

If Website contains or provides any third-party services, functions, links, webpages, advertisements, or content (“Third Party Website”), you understand and acknowledge the Company has no control over the Third Party Website, their function, availability, or content thereof, and is not liable for any outcomes as a result of your use or visit of the Third Party service. The Company makes no representation or warranty whatsoever with respect to Third Party Website; all Third Party Website are subject to the terms and conditions of their respective terms of use or end user license agreement as provided by the respective third party. You agree to assume all risks and outcomes arising from the use or access of Third Party Website.

 

SECURITY

It is not possible for any software or technology, including the Website, to be perfectly secure; you acknowledge and accept that any information you download or offer to share by means of the Website, may be exposed to unauthorized access, interception, corruption, damage or misuse. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your device, Account, username, password, login credentials, data entered, and data provided to you from the Website from unauthorized access, including by such means as using password protection or other security features available on your device. You agree that Company shall not be liable for any unauthorized access to your device or the data related to your account.

 

INTELLECTUAL PROPERTY

The Website, including all design, text, images, photographs, illustrations, audio, video, artwork, graphic material, code, content, software, and documentation provided to you by Company are Company's property or the property of Company's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws, none of which are waived. All rights not expressly granted hereunder are expressly reserved to Company and its licensors.

 

The Company and its tradenames, trademarks, logos and affiliated properties, regardless of whether or not registered, are the exclusive property of Company or its affiliates. All other trademarks appearing on the Website are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Company intellectual property may not be used in connection with any other product or service, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Company trade names, trademarks or service marks without the Company’s express prior written consent.

 

 

COPYRIGHT AND CONTENT

You are solely responsible for any information of any kind input into the Website (“Content”) you contribute, submit, display or for any adaptations of works made on or through your use of the Website. It is your obligation to ensure that such Content does not violate any intellectual property rights of any third party. You represent and warrant that you are lawfully authorized to post all Content provided by you, and that all Content is lawful, is not hate speech, does not threaten others, is non-commercial in nature, does not solicit any other persons, does not impersonate any other person, does not contain lewd or inappropriate material, and does not give rise to any third party causes of action, and agree to indemnify Company for any breach of the representations or warranties herein.

 

If you believe any contents or elements of an App or Service infringe your copyright rights, please contact Company's copyright agent at:

 

RockDaisy LLC

79 Madison Ave

New York, NY 10016

 

and provide us with all information about the alleged infringement, including your work and evidence of your ownership of such work.

 

TERMINATION

Your rights under this Agreement will terminate immediately and automatically without any notice from Company if you fail to comply with any of the terms and conditions of this Agreement. You understand that Company, in its sole discretion, may modify or discontinue or suspend your right to access the Website. Further, Company, with or without any reason, may at any time suspend or terminate any license hereunder and disable or alter the Website or any of its component features. Company may delete any information with respect to your account or your data associated with the account upon termination of the Agreement. You agree that Company shall not be liable to you or any third-party for any termination, alteration, or disabling of the Website, or for disabling or deleting your account, login information, or data associated with your account upon termination of the Agreement. Promptly upon expiration or termination of this Agreement, you must cease all use of the Website. Termination will not limit any of Company's other rights or remedies at law or in equity. All provisions of this Agreement with respect to your representations, warranties, indemnification obligations, and unperformed obligations that arose prior to termination shall survive termination or expiration of this Agreement for any reason.

 

WARRANTY DISCLAIMER

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COMPANY PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE WEBSITE WILL MEET YOUR EXPECTATIONS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR WEBSITE; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT DISTRUBUTED OR INPUT BY YOU. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATION RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTIES. IN JURISDICTIONS WHERE THE FOREGOING DISCLAIMERS ARE INVALID, THE DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE FORBIDDEN BY LAW.

 

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE, NON-USE, OR INABILITY TO USE THE WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING OR USING THE WEBSITE OR COMPANY SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE WEBSITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE WESBITE, YOUR VIOLATION OF THE AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OR AT YOUR DIRECTION, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COMPANY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

 

COMPLIANCE WITH LAWS

You agree to comply with all US and international laws, restrictions, and regulations, that govern the import, export, or use of the Website.

 

AVAILABILITY

Company does not represent or warrant that the Website or any part thereof is appropriate, lawful for use, or available for use in any particular jurisdiction. We may limit the availability of the Website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

AGE REQUIREMENT

You must be 18 years of age or older to use the Website. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent, legal guardian, or other lawfully authorized person review this Agreement with you, discuss any questions you might have, and access the Website for you.

Parents or guardians, by granting your child permission to use and access the Website, you agree to the terms and conditions of this Agreement on behalf of your child. You are responsible for exercising supervision over your children's activities. If you do not agree to this Agreement, do not let your child use the Website or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Website, please contact us at info@rockdaisy.com.