Rollwalk Terms of Use
ROLLWALK Website Terms of Use
Thank you for being so interested in Rollwalk Limited. And its affiliated companies (collectively, “ROLLWALK”) and in the various websites provided by ROLLWALK, including our website at https://www.rollwalk.com/ and all associated sites linked to https://www.rollwalk.com/ by ROLLWALK (collectively, the “Site”). Please read the following terms and conditions carefully. By accessing the Site or any of the services provided to you through the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the ROLLWALK Privacy Policy (available at https://www.rollwalk.com/) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, you may not access the Site.
These Terms provide that BINDING ARBITRATION will resolve all disputes between you and ROLLWALK. YOU AGREE TO GIVE UP YOUR RIGHT TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with ROLLWALK.
1. ELIGIBILITY
You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site complies with all applicable laws and regulations. Suppose you are accessing the Site on behalf of an entity, organization, or company. In that case, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.
2. ACCOUNTS AND REGISTRATION
To access certain features of the Site, such as when you participate in the ROLLWALK Forum, you may be required to register for a ROLLWALK account. When you register for a ROLLWALK account, you must provide us with information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will always keep it real and up-to-date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your ROLLWALK account and password, and you accept responsibility for all activities that occur under your ROLLWALK account.
3. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
Purchases of goods or services and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. Suppose any conflicts between these Terms and terms are specific to a section of the Site or specific to a particular service offered by the Site. In that case, you agree that the latter terms will control your use of that section of the Site or those particular services.
4. USER CONTENT
4.1 User Content Generally.
Certain features of the Site may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain copyright and any other proprietary rights you may hold in the User Content you post to the Site.
4.2 Limited License Grant to ROLLWALK
By posting or publishing User Content, you grant ROLLWALK a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for formatting for production, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
4.3 Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the Site's functionality.
4.4 User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a). you are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize ROLLWALK and users of the Site to use and distribute your User Content as required to exercise the licenses granted by you in this section, in the manner contemplated by ROLLWALK, the Site, and these Terms;
b). Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause ROLLWALK to violate any law or regulation.
4.5 User Content Disclaimer.
ROLLWALK is under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. ROLLWALK may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that violates these Terms in our sole judgment or is otherwise objectionable. You understand that when accessing the Site, you will be exposed to User Content from various sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive any legal or equitable right or remedy you have or may have against ROLLWALK concerning User Content. We expressly disclaim any liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, ROLLWALK does not permit copyright-infringing activities on the Site.
4.6 Digital Millennium Copyright Act
a). DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Site, you may contact us
Address: ROLLWALK LTD
UNIT 1406A 14/F THE BELGIAN BANK BLDG NOS 721-725 NATHAN RD KLN HONG KONG.,
Hong Kong, China
Email: support@RollWalk.com
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,
YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
a). Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with notification elements described in 17 U.S.C. §512.
b). Repeat Infringers. ROLLWALK will promptly terminate without notice the accounts of users determined by ROLLWALK to be “ Repeat Infringers.” A Repeat Infringer is a user who has been repeatedly notified of infringing activity or has had User Content repeatedly removed from the Site.
5. USING THE SITE
By using the Site and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations and that you will not use the Site except as expressly permitted under these Terms. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Site Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach. ROLLWALK reserves the right to review, remove, or disable access to User Content violating the applicable laws and regulations in China. ROLLWALK also welcomes users to report any User Content that violates applicable laws or regulations.
6. PROHIBITED CONDUCT
By using the site, you agree not to.
6.1 Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
6.2 Conduct activities that may be harmful to others, or that could damage ROLLWALK‘s reputation;
6.3 Violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
6.4 Interfere with security-related features of the Site, including by (a) disabling or circumventing features that prevent or limit the use or copying of any content or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
6.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other ROLLWALK account without permission, or falsifying your age or date of birth;
6.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
6.8 Bypass any security or other features of the Site designed to control how the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
6.9 Use any robot, spambot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Site or to extract data;
6.10 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent ROLLWALK makes available the means for embedding any part of the Site or the User Content;
6.11 Access, tamper with, or use non-public areas of the Site, ROLLWALK’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of ROLLWALK’s providers;
6.12 Access the Site in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party;
6.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
6.14 Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, ROLLWALK may, in its sole discretion, terminate your ROLLWALK account or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the preceding, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content. You may terminate your ROLLWALK account anytime by contacting customer service at support@RollWalk.com.
8. PRIVACY POLICY; ADDITIONAL TERMS
8.1 Privacy Policy
Please read the ROLLWALK Privacy Policy carefully for information about our collection, use, storage, and disclosure of your personal information. The ROLLWALK Privacy Policy is incorporated by this reference into and made a part of these Terms.
8.2 Additional Terms
1.1 Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”), such as the ROLLWALK Forum Rules or the ROLLWALK Store’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.
9. MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you with reasonable notice before such modifications become effective. By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you disagree to be bound by the modified Terms, you must immediately cease accessing or using the Site. Disputes arising under these Terms will be resolved by the version of these Terms that was in effect at the time the dispute arose.
10. OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by ROLLWALK. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by ROLLWALK are protected by intellectual property and other laws. All Materials in the Site are the property of ROLLWALK and its third-party licensors. Except as expressly authorized by ROLLWALK, you may not make use of the Materials. ROLLWALK reserves all rights to the Materials not granted expressly in these Terms.
11. FEEDBACK
Suppose you provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by ROLLWALK (“Feedback”). In that case, you at this moment grant ROLLWALK an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
12. INDEMNITY
You are responsible for your access to the Site. You will defend and indemnify ROLLWALK and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ROLLWALK Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. At our own expense, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations concerning that matter), and in that case, you agree to cooperate with our defense of that claim.
13. DISCLAIMERS; NO WARRANTIES.
THE SITE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ROLLWALK ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ROLLWALK ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ROLLWALK ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD-PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE PRECEDING, ROLLWALK DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT ROLLWALK IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE ROLLWALK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ROLLWALK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE ROLLWALK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Hong Kong.
16. GENERAL
You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over ROLLWALK, specific or general, in jurisdictions other than Hong Kong. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and ROLLWALK regarding your access to the Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not impact the interpretation of any provision. Suppose any part of these Terms is held invalid or unenforceable. In that case, the unenforceable portion will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Generally
To resolve disputes between you and ROLLWALK most practically and cost-effectively, you and ROLLWALK agree that every dispute arising in connection with these Terms will be determined by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ROLLWALK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions
Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.6 No Class Actions
YOU AND ROLLWALK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and ROLLWALK agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
17.7 Modifications of This Arbitration Provision
If ROLLWALK makes any future change to this arbitration provision other than a change to ROLLWALK's address for Notice, you may reject the change by sending us written notice within 30 days of the transition to ROLLWALK’s address for Notice, in which case your account with ROLLWALK will be immediately terminated and this arbitration provision, as in effect immediately before the changes you rejected will survive.
17.8 Enforceability
If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19. CONTACT INFORMATION
The Site is offered by ROLLWALK LTD. and its affiliated companies, located at UNIT 1406A 14/F THE BELGIAN BANK BLDG NOS 721-725 NATHAN RD KLN HONG KONG
Hong Kong, China 000000. You may contact us by sending correspondence to that address or by emailing us at support@RollWalk.com.