Roaring Earth (“Roaring Earth”) operates the website currently located at www.roaring.earth (the “Website”) and offers the published products thereon to you (“User” or “You”) subject to the terms and conditions (collectively the “Terms”) set out herein.
By accessing and using the Website, User agrees to be bound by these Terms.
Roaring Earth may at any time modify or replace the Terms , including but not limited to adding fees and charges for use. Any modified terms will be posted on the Website and will become effective on the “Last Modified” date, except with respect to any fees to be charged which will become effective on the User’s acceptance of those fees. User’s continued use of the Website after the modified Terms are posted constitutes acceptance of, and all subsequent use will be subject to, such amended terms.
Content and use of the Website
Roaring Earth makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, any of the information contained on or referenced by the Website or that the content of the Website is free from errors or omissions or that the service will be uninterrupted, error-free or safe from unauthorized access. The Website is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements.
Roaring Earth uses commercially reasonable efforts to protect the Website from viruses, however Roaring Earth will not be liable in the unlikely event that a virus is transmitted to the User’s computer systems.
The User indemnifies Roaring Earth, its directors and employees and waives any rights it may have against Roaring Earth in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by the User and/or third party as a result of or which may be attributable directly or indirectly to User’s use or inability to use this Website or the services or content provided from and through this Website.
Copyright and intellectual property rights
Copyright and all intellectual property rights in all materials, texts, drawings, data, trademarks, names, logos and service marks made available or displayed on this Website (collectively “materials”) are either owned by Roaring Earth or licensed by Roaring Earth for use on the Website.
The User may not copy, reproduce, distribute or otherwise use the materials available on the Website except for personal use.
If you believe that anything on the Website infringes any copyright that you own or control, you may notify Roaring Earth’s Designated Agent as follows:
Designated Agent: Copyright Agent at Roaring Earth
Address: 149 East 23rd Street, PO Box 644, New York, NY 10159-0644
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Website is infringing, you may be liable to Roaring Earth for certain costs and damages.
External links from the Website to other websites may be provided for the User’s convenience, but any other websites are beyond the control of Roaring Earth and no representation is made as to such websites, including without limitation, their content. No hypertext links shall be created from any website controlled by the User or otherwise to this Website without the express prior written permission of Roaring Earth.
The User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, or is otherwise objectionable, or which, without Roaring Earth’s express prior approval, contains advertising or any solicitation with respect to products or services.
Data messages, such as e-mail, are only deemed to have been received by Roaring Earth once replied to and such a reply does not include an auto-reply. Data messages sent to Roaring Earth are deemed to have been sent from the originator in the form actually received by Roaring Earth and the User will be bound by such communication.
These Terms constitute the entire agreement between the User and Roaring Earth in relation to the Website. Neither the User nor Roaring Earth is bound by any express or implied representation or warranty not stated in the Terms.
The Terms shall be governed by and construed in accordance with the laws of the state of New York, USA. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in [New York County, NY] and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
Last Modified May 9, 2018