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Terms of Use

INTRODUCTION

Welcome to Rootistry.com.

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Your use of Rootistry.com signifies your agreement to these terms of use and our privacy policy. If you do not agree to these terms of use and our privacy policy, you may not use the rootistry.com and should suspend the utilisation of our online services immediately.

1. USE OF MATERIALS

We or our licensors own all content and materials on Rootistry.com, including, without limitation, all trademarks, service marks, trade names, and copyrights. You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in any other manner that is likely to cause confusion among clients, that disparages or discredits us or our licensors, that diminishes the strength of our property, or that otherwise infringes our intellectual property rights.

2. SUBSCRIPTION INFORMATION AND SECURITY

By using the Rootistry.com, you agree to provide, maintain and update true, accurate, current and complete information about yourself. If you have reason to believe that your account is no longer secure, it is your responsibility to let us know immediately.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

3. RULES

Without limiting the foregoing, you agree you will not:

  • provide any false personal information in your posts;

  • intimidate or harass any user;

  • harvest, collect, or use addresses, phone numbers, email addresses or other contact information of users of Rootistry.com;

  • do anything that is illegal, infringing, fraudulent, malicious or could expose Rootistry.com or Rootistry.com users to harm or liability; or

  • attempt, facilitate, or encourage any of the above.

You agree not to violate or attempt to violate the security of Rootistry.com, including, without limitation:

  • accessing data not intended for you or logging into a server or account that you are not authorized to access;

  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  • attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", “spamming" or "crashing", Rootistry.com;

  • sending unsolicited e-mail, including promotions and/or advertising of products or services;

  • forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or

  • attempt, facilitate, or encourage any of the above.

 

Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of Rootistry.com. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, or legal process.

We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change Rootistry.com or delete content or features in any way, at any time and for any reason or no reason.

4. PRIVACY POLICY

We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the privacy policy. You, in turn, agree and consent to the terms of the privacy policy by your use of Rootistry.com.

5. VIOLATIONS

Please report any violations of these terms of use to info@rootistry.com.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ROOTISTRY.COM, OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF ROOTISTRY.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR 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, IF ANY, OR HKD$800 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ROOTISTRY.COM.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN ROOTISTRY.COM AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO IN ROOTISTRY.COM IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in courts located in Hong Kong SAR Special Administrative Region, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

8. CHANGES TO THE TERMS OF USE

If we make a material change to these terms of use we will post a notice on Rootistry. Your use of Rootistry.com following any such notice will signify and constitute your assent to and acceptance of such revised terms of use.

9. GENERAL PROVISIONS

Your use of Rootistry.com signifies that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These terms of use shall be governed by and construed in accordance with the laws of the Hong Kong SAR Special Administrative Region.

t&c

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