Introduction

Welcome to RoveSpier, a social utility service where friends and Artists share their lives, communicate and explore great entertainment through Artistic activities. The RoveSpier service is operated by RoveSpier, and consists of the RoveSpier Web sites and other features and services offered by RoveSpier and its corporate affiliates in connection with the sites, such as e-mail and instant messaging (collectively the 'RoveSpier Service'). RoveSpier may be accessed through the Internet for now and through WAP services provided by certain mobile network providers in the near future. By accessing or using the RoveSpier Service, you signify that you have read the following terms and conditions (the 'Terms of Service') and accept and agree to be bound by them, whether or not you register with RoveSpier. Where applicable under law, these Terms constitute a 'writing signed by you.'

Changes to RoveSpier and the Terms of Service


We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE ROVESPIER SERVICE. YOUR CONTINUED USE OF THE ROVESPIER SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Eligibility and Registration


You must be 12 years or older to use the RoveSpier Service. By registering for the RoveSpier Service, you represent and warrant that you are 12 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a RoveSpier member ('Member or RoveSpirian'), and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Use or membership with the RoveSpier Service is void where prohibited.

Member Conduct and Appropriate Content


The RoveSpier Service is made available for your personal, non-commercial use only. You may not use the RoveSpier Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the RoveSpier Service.

We may, but shall have no obligation to, remove or limit access to Materials originating from any RoveSpier user that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does RoveSpier have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Member's - RoveSpirian's use of the RoveSpier Service.

RoveSpier reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days.

Conditions For Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the RoveSpier Service. By way of example, and not as a limitation, you agree NOT to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
  • Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
  • Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
  • Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by RoveSpier.
  • Create a false or misleading identity of, including, but not limited to, a RoveSpier employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  • Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Use the RoveSpier Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
  • Attempt to gain unauthorized access to the RoveSpier Service, other accounts, computer systems or networks connected to the RoveSpier Service, through password mining or any other means.
  • Modify, adapt, translate, or reverse engineer any portion of the RoveSpier Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the RoveSpier Service, except as expressly authorized by RoveSpier.
  • Reformat or frame any portion of the web pages that are part of the RoveSpier Service.
  • Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the RoveSpier Service.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Interfere with another Member's use and enjoyment of the RoveSpier Service.
  • Harvest or collect email addresses or other contact information of Members, including usernames, from the RoveSpier Service by electronic or other means.

Proprietary Rights
RoveSpier does not claim any ownership rights in any Materials that you submit, post, or display on or through the RoveSpier Service. After submitting, posting or displaying Materials on or through RoveSpier or the RoveSpier Service, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the RoveSpier Service, you hereby grant to RoveSpier and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely in connection with the RoveSpier Service or the promotion thereof.

Without this license, RoveSpier would be unable to provide the RoveSpier Service. For example, without the right to modify your Materials, RoveSpier would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, RoveSpier could not allow users and Members to listen to music posted by Members. The license you grant to RoveSpier is non-exclusive (meaning you are free to license your Materials to anyone else in addition to RoveSpier), fully-paid and royalty-free (meaning that RoveSpier is not required to pay you for the use on the RoveSpier Service of the Materials that you post), sub licensable (so that RoveSpier is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the RoveSpier Service), and worldwide (because the Internet and the RoveSpier Service are global in reach). This license will terminate at the time you remove your Materials from the RoveSpier Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the RoveSpier Service, RoveSpier reserves the right to remove all of your Materials from other Member's pages. The license does not grant RoveSpier the right to sell your Materials You represent and warrant that: (i) you own the Materials posted by you on or through the RoveSpier Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the RoveSpier Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the RoveSpier Service. The hosting of certain items that you post, such as video, may require your agreement to a separate license agreement or terms of use.

RoveSpier and its affiliates and licensors own and retain all rights in the RoveSpier Web site and RoveSpier Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the RoveSpier Service by RoveSpier. Except as expressly authorized by RoveSpier, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of RoveSpier's proprietary information. RoveSpier, Inc. is the owner of the 'RoveSpier' and 'RoveSpier.com' marks, among others.

Privacy & Personal Information
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the RoveSpier Privacy Policy.

Information collected in connection with your use of the RoveSpier Service may be processed and stored in any country where RoveSpier or its parent, affiliates, subsidiaries or service providers maintain facilities. If you live outside the United States and use RoveSpier, you expressly consent to the transfer to the United States of the personal information you provide RoveSpier, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your RoveSpier user name to authenticate you on any service provided by RoveSpier or its affiliates.

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. RoveSpier respects the intellectual property rights of others and reserves the right to terminate any user's access to the RoveSpier Service according to these terms of use if RoveSpier is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:

(i) statement that you have identified material on the RoveSpier Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the RoveSpier Service (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.

Once you have completed the Notice, having included all of the information set out above, please send it to us by e-mail at art@rovespier.com.
Copyright Notice

If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to RoveSpier. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to RoveSpier in bad faith.

Copyright Counter Notice
If you believe that any material that you have uploaded on to the RoveSpier Service has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice ('Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:

(i) specific details of the material that has been removed or to which RoveSpier has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided RoveSpier with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).

Once you have completed the Counter-Notice, having included all of the information set out above, please send it by e-mail at art@rovespier.com
Copyright Notice

If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to RoveSpier. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to RoveSpier in bad faith.

If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to RoveSpier. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to RoveSpier in bad faith.
Internet/WAP Access
RoveSpier shall not be responsible for any connection or access to the RoveSpier Service by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the RoveSpier Service via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that RoveSpier shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the RoveSpier Service via WAP.

Termination of the RoveSpier Service
These Terms of Service will apply to your use of the RoveSpier Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the RoveSpier Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

RoveSpier may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the RoveSpier Service, or any part thereof, with or without notice. You agree that any termination of access to the RoveSpier Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that RoveSpier may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RoveSpier Service. Where possible, RoveSpier will use reasonable efforts to give Members fair notice of termination or suspension of their access to the RoveSpier Service. Further you agree that RoveSpier shall not be liable to you or any third party for any termination or suspension of access to the RoveSpier Service or modification of the RoveSpier Service.

Third Party Applications & Sites
Through its Open Applications platform, RoveSpier allows third party developers to create applications for its users. While third party applications developers are required to adhere to RoveSpier's Platform Policies and Guidelines for Developers, and are subject to appropriate action in the event of non-compliance, RoveSpier makes no warranty that any applications provider is in full compliance with these Policies and Guidelines at all times or that RoveSpier assumes the responsibility to monitor for such full compliance from each developer. The third party developer of any application you install is solely responsible for that application. Third party applications may have their own terms and conditions, which you should review prior to install any application or agreeing to share any of your information with the application provider. YOUR USE OF THIRD PARTY APPLICATIONS IS AT YOUR OWN RISK.

The Service may include links to third party websites, including links provided as automated search results; links to certain related products or services; and sites operated by professional content creators and media companies in connection with RoveSpier's Art platform. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services, and RoveSpier may, in its sole discretion, remove such links. We are not responsible or liable for any content, the products or services, or other materials on these third party sites.

Disclaimer of Warranties
RoveSpier and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'RoveSpier and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, content or Materials displayed on the RoveSpier Service.

RoveSpier and its Affiliates further expressly disclaims (1) that the RoveSpier Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the RoveSpier Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the RoveSpier Service or the content made available as part of the RoveSpier Service will be correct, accurate, timely, or otherwise reliable.

RoveSpier and its Affiliates expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the RoveSpier Service input by other Members is correct or accurate.

ROVESPIER, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE ROVESPIER SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE ROVESPIER SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. ROVESPIER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE ROVESPIER SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at RoveSpier's request defend, RoveSpier, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the RoveSpier Service, or your Materials, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, RoveSpier will provide you with written notice of such claim, suit or action.

Limitation of Liability
YOUR USE OF THE ROVESPIER SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL ROVESPIER, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE ROVESPIER SERVICE, WHETHER OR NOT ROVESPIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ROVESPIER SERVICE, FROM INABILITY TO USE THE ROVESPIER SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ROVESPIER SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE ROVESPIER SERVICE OR ANY PART OF THE ROVESPIER SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ROVESPIER SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL ROVESPIER BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE HUNDRED U.S. DOLLARS ($500.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ROVESPIER OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.

Notices
RoveSpier may provide you with notices regarding the RoveSpier Service or these Terms of RoveSpier Service by regular mail, email, or postings to this Web site.

Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the RoveSpier Service.

RoveSpier reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the RoveSpier Service, RoveSpier users, and the rights and property of RoveSpier and its affiliates.

Without limiting the foregoing, under no circumstances shall RoveSpier be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and RoveSpier with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.



Effective Date September, 2 2016