1. Terms of Service
We at Roohit, Inc. ("Roohit"), the owner and operator of the Roohit website, welcome you to the Roohit website. By accessing the Roohit website ("Site"), using services offered by Roohit("Services"), and/or downloading and using any software provided by Roohit ("Software"), you acknowledge and agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, please do not access the Site, use the Services, and/or download and use any Software provided by Roohit. We reserve the right to modify these Terms at any time. Your continued use of the Site, Services, and/or Software after we have made a change to these Terms indicates your acceptance of the new Terms. We recommend that you periodically check this Site for any changes.
2. Overview of the RoohIt Site, Services and Software
The Site, Services and/or Software provided by RoohIt enable you to selectively highlight portions of online content, including text, images, video, and other types of information, and then add your own comments to the selected portions of online content. The selected portion of online content can be saved together with any user-added comments on a RoohIt server as a Highlight. Highlights may be shared with other users by posting them to the RoohIt Site, or adding them to a personal website, or blog, with a RoohIt Highlight Roll. A RoohIt Highlight Roll is a widget (Software provided by RoohIt), which enables web developers to query the RoohIt servers for Highlights to be displayed on their websites.
As we enhance our Site, Services and/or Software, it may become necessary for you to download and install a newer version of Software. We may also suspend or discontinue the Site, Services and/or Software at any time, with or without prior notice. RoohIt makes no guarantees as to the compatibility of its current or future Site, Services and/or Software with any particular operating system and/or applications, including web browsing applications.
If you have comments about the Site, Services and/or Software, or ideas on how we may improve them, please email us at feedback@RoohIt.com.
3. Usage License
- RoohIt grants you a limited license to utilize the Site, Services and/or Software in accordance with these Terms and the instructions, policies and guidelines outlined on the Site. Although there is currently no charge for accessing or using the Site, Services and/or Software, RoohIt reserves the right to, in the future, charge a fee for accessing the Site, Services and/or Software.
- RoohIt reserves the right to terminate your license to use the Site, Services and/or Software at any time, and for any reason. Upon receiving notification that your license to access and/or use the Site, Services, and/or Software has been terminated, you agree to discontinue accessing and using the Site, Services and/or Software, including immediately uninstalling any Software.
- RoohIt reserves the right, but has no obligation, to remove, mark private, block or mark as Mature, any Highlight, user commentary, tags, titles, or other content stored on a RoohIt server, that we believe, or a third-party believes, to be offensive, posted in breach of an obligation, unlawful or infringing, or that was created by certain users, comes from specific web pages or sites, or contains certain information (including metadata), or for any other reason.
4. User Responsibility
You are solely responsible for your use of the Site, Services and/or Software. At RoohIt, we respect the Intellectual Property of others, and we ask that you do the same. We assume no responsibility or liability for your activities in connection with our Site, Services and/or Software. You must make your own determination as to whether what you choose to highlight, create or copy, and how you share it, violates anyone's rights (including copyright) or any laws or any contractual or fiduciary relationships (such as insider information or proprietary or confidential information learned or disclosed to you under an obligation of confidentiality.) Neither we nor the U.S. Copyright Office can determine for you whether a particular use of another's copyrighted content is fair, but the Office's fact sheet on the topic can be found at http://www.copyright.gov/fls/fl102.html. By creating Highlights (including user comments), you grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right to use, reproduce, distribute, transmit, disseminate, display, publish, modify, perform and/or create derivative works thereof (in whole or in part) worldwide, and to incorporate them into others work in any form, media or technology now known or later developed.
Although we prohibit the posting of objectionable content, we do not prescreen content (such as Highlights, including user commentary), and therefore using the Site, Services and/or Software may expose you to content you find objectionable, inappropriate or offensive. RoohIt makes no claims or guarantees as to the accuracy of any content posted on the Site, and is not responsible for any inaccurate, false or misleading content on the Site, provided by the Service, or accessed with the Software. You agree that your use of the Site, Services and/or Software is at your own risk and that RoohIt is not responsible or liable for any harm resulting from your use of the Site, Services, and/or Software.
You agree not to use the Site, Services and/or Software to post, transmit, or otherwise disseminate content that i) you do not have the right to post, transmit or otherwise disseminate under any law, contractual or fiduciary relationship, 2) infringes any intellectual property rights of another, or, 3) is unlawful, harmful, harassing, obscene, libelous, invasive of anotherís privacy, hateful, pornographic, abusive, threatening, or otherwise objectionable.
5. Intellectual Property
- RoohIt, the RoohIt logo, and the RoohIt design are trademarks or trade dress of RoohIt, and not to be used, other than for attribution, without express written permission from RoohIt. All other trademarks that appear on the Site, or are presented by the Service, are the property of their respective owners, who may or may not be affiliated with, or sponsored by RoohIt.
- RoohIt-originated content included on the Site, or presented by the Service, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of RoohIt and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any RoohIt-originated content is permitted without written permission from RoohIt.
- Aspects of the RoohIt Site, Services and Software are the subject of pending patents. The limited license granted under these Terms, as well as the use of the Site, Services and Software in accordance with these Term, does not constitute a license to any patent or pending patent assigned to RoohIt.
6. RoohIt's Legal Rights
- Disclaimer of Warranty: THE SITE, SERVICES, AND/OR SOFTWARE AVAILABLE FROM ROOHIT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, SERVICES AND SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, SERVICES AND/OR SOFTWARE, INCLUDING THAT THE SITE, SERVICES AND SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, SERVICES AND SOFTWARE WILL BE UNINTERRUPTED AND ERROR FREE. YOUR INSTALLATION OF THE SOFTWARE, AS WELL AS YOUR USE OF THE SITE AND SERVICES, ARE AT YOUR OWN RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PART OR PORTION OF THE SITE, SERVICES AND SOFTWARE.
- Limitation of Liability: WE WILL NOT BE LIABLE TO YOU OR A THIRD PART, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD-PARTY OR CONSEQUENTIAL, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID US FOR USE OF THE SITE, SERVICES AND/OR SOFTWARE.
- Indemnification: You agree to indemnify, defend and hold us harmless from and against any and all claims, lawsuits, demands, actions or other proceedings brought against us by any third party due to, arising out of or related to your use of the Software and Site, your violation of this Agreement, any law or regulation or any third party rights. You agree to pay any and all costs, damages and expenses, including reasonable attorneys fees, awarded against or otherwise incurred by us in connection with such proceedings.
- Enforcement: You agree that all legal issues arising from or related to the use of the Site, Services and/or Software shall be construed in accordance with the laws of the State of California applicable to contracts entered into and wholly to be performed within California and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Santa Clara County, California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. You further agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Despite the foregoing arbitration requirement, RoohIt may seek temporary or permanent injunctive relief in any court of competent jurisdiction to prohibit you from violating this Agreement. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim, and there shall be no right to any remedy for any arbitrable claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) You consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of California. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation