Last updated: (7/5/2017)
This document, along with the Terms of Service are to be regarded as a single, legally binding agreement between you and Rotosurance. Rotosurance is, by all objective standards, a legitimate and legally-bound private entity, having and exercising its full legal and factual capacity of administering this Website and solemnizing this agreement with you. You express consent to the terms stated herein by express means (written or oral statements, express consent given manually or by means of electronic signature – registered or traceable to your identity) or by conclusive means (usage of this website and its services). This Privacy statement will assess every right and obligation this Website has towards Users and vice versa, will inform Users about the range of usage of personal information, and provide a guidance in the unlikely case of disputes with this Website’s administration or Rotosurance.
Character Café is a legitimate and legally-bound service, registered and incorporated within the appropriate US Registry. As such, contact and identification information shall be made available on the Website for any possible needed contact with the administrative or logistics staff.
References in these documents to Rotosurance.org, “We” or “Us” mean Rotosurance and Rotosurance, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Rotosurance. References to “Buyer” means Users which have successfully submitted an order, and entered into contract with Rotosurance.
Express Licensing Grant
Rotosurance hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract Rotosurance stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
Copyright Notice. Inquiries for copyright infringement. Actions taken against individuals infringing copyright or other proprietary right.
This Website’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all U.S. governing law and international intellectual property law standards. Rotosurance, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Rotosurance, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Rotosurance DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. Rotosurance DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third-party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. applicable law does not exclude the possibility of Rotosurance treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded
Law Enforcement. Inquiries of potential Abuse
Rotosurance may disclose your personal information in the range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. Rotosurance may further disclose your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, Rotosurance WILL NOT disclose more information than the minimal range which is prescribed by governing law. Rotosurance reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Rotosurance and it will include any steps that Rotosurance finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
Advertisements, Cookies and Clear gif notice.
Communications from the Website
Rotosurance will occasionally send information on Products, Services, special deals, promotions or Newsletters you have subscribed to. You may choose not to receive these types of communications by opting out. Rotosurance may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are not promotional in nature, and if you wish to not receive these announcements, you have the option of deactivating your account. Please note that Rotosurance may also use Third-party delivery systems to contact you and provide you information via e-mail. These systems do NOT retain, store, use or share your personal information other than the stated purpose.
Information collection and range of use
Any forms you fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service or subscription provided by Rotosurance trough this Website will be used only for the purposes of registration, identification and/or possible delivery.
Use of information
Personal information collected by Rotosurance is primarily used to customize Your User experience this may include personalized Services, communications and other Services, which are provided by Rotosurance. Personal information may also be utilized to deliver you personalized advertisements. Advertisers however do NOT have access to your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to your preferences.
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly, and as stated in the introductory clauses, all further usage of your personal information is subject to your further consent. You therefore have the choice of denying us access or not providing us this information. Secondly, you may manually change the preferences of the range of use of personal information manually (if allowed) or directly contact via e-mail, post or telephone number, or by using our Online Support service located on our Website.
Submissions on Rotosurance
For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by Rotosurance. All content uploaded to this Service is to be regarded primarily as a User Submission. Rotosurance reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. Rotosurance does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant Rotosurance a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to Rotosurance in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Rotosurance, the name or nickname of the user will be included as a form of accreditation. Pictures must not contain any nudity, profanity, nothing pornographic, obscene or indecent. Along with the aforementioned guidelines, you must further follow these guidelines while submitting Profile pictures: A Profile picture must contain the Submitter’s face or (if it comes to a Seller) logo or emblem clearly, without any additional text or contact information. Rotosurance reserves the right to review your picture after Your Submission, prior to your giving consent for you to publish it. Please note that once shared, Pictures, Profile pictures and other Submissions (picture, text, video, listings, offers, samples, snippets or other multimedia - thereinafter referred to as: User Submissions) are published and Rotosurance cannot and does not guarantee any confidentiality regarding Your User submission. Furthermore, you hereby warrant that Your User Submission has all the proprietary rights, including intellectual property rights. Upon sharing Your User submission, you retain Your proprietary rights, and further grant Rotosurance a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, displayed and reproduced in certain areas of this the Rotosurance Website for promotional or competitive reasons. This license is perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. Rotosurance Does not endorse any Submission or opinion, recommendation or advice expressed therein. Rotosurance EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM User Submissions.
Orders and Payment
In order to purchase a Product from Rotosurance, certain personal information is required. You should expect to provide contact information (name, e-mail, address) and financial information (billing credentials). This information will be utilized in no other way than billing purposes, contact purposes or authorization, regarding submitted Orders. Upon purchasing a product from Rotosurance, you may be prompted to an authorized third-party website, in which a contract with your specifics is to be generated. Please note that the specifics in the checkout are to supersede any previous offers made on Rotosurance Website. Rotosurance utilizes Third-party credit card processing Companies to bill you for ordered Goods and/or Services. These Third-party Companies do NOT retain, share, store or use personal information for any other purposes than billing. Upon submitting a successful payment, a sale is concluded. Concluded sales are further governed by the Return and Refund policies, which are available to read on our Website.
Security Measures. Disclaimer on Safety
Rotosurance takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. Rotosurance follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally-identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us.
Fair information practices
This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. If Rotosurance does not disclose such a breach knowingly and within a reasonable time period from such an occurrence, Users may seek relief from the Service.
OTHER CONTRACT PROVISIONS
Rotosurance website, content and services are all provided “as is”. Rotosurance does not unilaterally provide any express or implied terms, representations, warranties or conditions. Rotosurance, its employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Rotosurance has willingly voided its limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Rotosurance had been advised of the potential loss. Rotosurance does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Rotosurance does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Rotosurance is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Rotosurance ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with U.S. Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by U.S. law.
You hereby agree to indemnify and hold Rotosurance, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Rotosurance Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
Availability of Insurance Policies
Rotosurance does business in certain states in the United States of America. Not all of the products or services described on this site are available in all states or provinces. You may not be eligible for all products and services and Rotosurance reserves the right to determine such eligibility as permitted by law. Where noted, certain products or services may be subject to specific terms, conditions, representations or agreements. The portions of this site related to such products and services provide additional information about terms, conditions representations, agreements, eligibility and availability.
State Farm's securities products are offered by Rotosurance. These products are not FDIC Insured, are not Bank Products and may lose value. For more complete information, potential investors should obtain a prospectus for the mutual funds or variable products, by contacting us directly, and read these Terms of Service as well as possible other materials sent to them carefully before investing.
No users can present themselves as sponsored or endorsed by, or affiliated with Rotosurance or its subsidiaries or affiliates. You agree to withhold of any defamation or disparaging of the Service, withhold of adapting, translating, modification, decompiling, disassembling or reverse engineering the Service and its software. You are fully responsible for all your actions in accordance to applicable law, international treaties and other applicable covenants regulating the subject matter herein.
You agree that this contractual relationship between you and Rotosurance does not create a partnership, joint venture, agency, employer-employee relationship, nor does it establish an obligation or consideration of such. Neither party has the right to represent the other without a written power of attorney, and neither party shall be considered to be the agent of the other.
Rotosurance reserves the right to discontinue any portion of the whole service with or without previous notice. Rotosurance is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of Rotosurance. Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our Terms of Service, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Rotosurance.
ASCENT AND END PROVISIONS
Document as a whole
These Terms of Service reflect the policy of Rotosurance in regards to your usage of this Website. They are further intended to inform Rotosurance’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.
Consumer Protection Clause
Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.
You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.
Providing feedback may be possible by any given means within the Service. All feedback given in the form of user comments, blog posts or similar feeds shall be available to the World Wide Web. Please refrain from using any obscenity or profanity, as the Service reserves all discretional rights as per this Agreement and the Content Policy.
All questions or other inquiries made directly to the service may be sent at the designated e-mail address in the Contact section of our Website.