ACCEPTANCE OF ROCKETPOOL.COM TERMS of Service (TOS)
Welcome to Rocketpool.com entertainment services, owned and operated by Proactive Inc. ("Proactive"). Rocketpool.com offers pool entertainment services to you subject to these Terms, and any other rules or guidelines that may be published by Rocketpool.com on a periodic basis (any of which may be updated by Rocketpool.com from time to time) (collectively, the "Agreement"). This Agreement may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.rocketpool.com/info/terms/. In addition, when using particular Rocketpool.com owned or operated services, you and Rocketpool.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. For clarity, Rocketpool.com is a "Service" as defined in these Terms of Service. ANY PARTICIPATION IN ANY POOL WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN ANY ROCKETPOOL.COM POOL.
ROCKETPOOL.COM REGISTRATION REQUIREMENT
To participate in any entertainment pool, you must have a valid Rocketpool.com account. If you do not have a Rocketpool.com account, you will be prompted to sign up for one before being able to use the service.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your submission of this form will constitute your consent to the collection and use of this information and the transfer of this information to the United States or other countries for processing and storage by Rocketpool. You also agree to receive required administrative and legal notices such as this electronically. You agree to (a) immediately notify Rocketpool.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rocketpool.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
ACCURACY OF INFORMATION
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH ROCKETPOOL.COM ARE UNOFFICIAL. Rocketpool.com and its components are offered for informational and/or entertainment purposes only. While Rocketpool.com and the third parties used to provide the Service (the "Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither Rocketpool.com nor its Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Service. Rocketpool.com and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any error or omissions in that information.
ENTERTAINMENT PURPOSES ONLY
Rocketpool.com is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
COLLECTION OF PERSONAL INFORMATION
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Rocketpool.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rocketpool.com has no control over such sites and resources, you acknowledge and agree that Rocketpool.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rocketpool.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
ROCKETPOOL.COM'S RESERVATION OF RIGHTS
Rocketpool.com expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any Rocketpool.com service, if Rocketpool.com: (a) in its sole discretion, believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other Rocketpool.com users, or the general public, or (c) in its sole discretion, believes that you have acted inconsistently with the spirit or letter of the TOS, or the Rules and Instructions. Rocketpool.com pools and its related benefits are offered at the discretion of Rocketpool.com, and Rocketpool.com has the right to modify or discontinue, temporarily or permanently any pool, whether in whole or in part for any reason, with or without notice to you. You agree that Rocketpool.com will not be liable to you or to any third party for any modifications or discontinuance of the Service.
You acknowledge that Rocketpool.com may or may not pre-screen pools, but that Rocketpool.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any pools that are available via the Service. Without limiting the foregoing, Rocketpool.com and its designees shall have the right to remove any pools that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any pool, including any reliance on the accuracy, completeness, or usefulness of such pool.
You acknowledge, consent and agree that Rocketpool.com may access, preserve, and disclose your account information and pools if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any pool violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Rocketpool.com, its users and the public.
You agree to indemnify and hold harmless Proactive Inc., Rocketpool.com and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or participation in any pool, your connection to the Service, your violation of the TOS, the Rules and Instructions, or of any rights of another person or entity.
INVALIDITY OF SPECIFIC TERMS
If any provision of these Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
LOCATION OF LAWSUIT
The Rocketpool.com Terms of Service, which apply to your use of the service, provide that both you and Rocketpool.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, NY, USA. The Rocketpool.com Terms of Service and the relationship between you and Rocketpool.com will be governed by the laws of the State of New York, without regard to its conflicts of law provisions.
WHAT TO DO IF YOU WITNESS A VIOLATION
If you witness any user activity on Rocketpool.com that violates the Terms of Service or the Rocketpool.com Rules and Instructions then in effect, please notify us of such activity at email@example.com. Rocketpool.com cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service a fun place for everyone.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROCKETPOOL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ROCKETPOOL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL VIEWVED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCKETPOOL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCKETPOOL.COM SHALL NOT BE LIABLE TO YOU 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 PROACTIVE 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Rocketpool.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
The ROCKETPOOL.COM, Rocketpool.com logo are trademarks of Proactive Inc. (the "Proactive Marks"). Without Proactive Inc.'s prior permission, you agree not to display or use in any manner, the Rocketpool.com Marks.
The TOS constitute the entire agreement between you and Rocketpool.com and govern your use of the Service, superceding any prior agreements between you and Rocketpool.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Rocketpool.com services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms
The failure of Rocketpool.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Rocketpool.com account is non-transferable and any rights to your Rocketpool.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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