Effective as of 22nd October, 2019
1.6.We respect the privacy of Our Users and are committed to protect it in all respects. The information about the User is collected by Us as (i) information supplied by Users and (ii) information automatically tracked during User's navigation including User activities on the Website/App.
1.8.For any service that User may use, We only collect the data that is strictly necessary (i) for the delivery of the services, (ii) for the performance of a contract for which User is a party, (iii) for which User has given consent for such processing of data, or (iv) for compliance with a legal obligation to which We are subject.
2.1.In order to provide services through the Website/App, We automatically track and collect the following categories of information when User uses the Website/App:
2.1.1. IP addresses;
2.1.2.Domain servers; and
2.1.3.Other information with respect to Users device, interaction of User device with the Website/App and applications ("Traffic Data”).
2.2.In order to provide services through the Website/App, We may require the User to provide Us with certain information that personally identifies himself. Personal Information includes the following categories of information:
2.2.1.Contact data (such as email address, phone number and date of birth); and
2.2.2.Demographic data (such as time zone, postal address and location details); and
2.2.3.If the User communicates with Us by, for example, e-mail or letter, any information provided in such communication may be collected by Us.
2.2.4.Financial data (such as account details, e-wallet details, credit or debit card details etc.) that User may have provided to Us or shall provide to us.
2.5.Personal Information collected therefore differs from one User to another, depending on the number of services used by each User.
2.6.Prior to any direct marketing or commercial operation (for example for sending the newsletters or commercial offers), We will first obtain Users consent, either when creating an account on the Website or the App or later by indicating Your choice in account settings/notifications. User will always have the right to withdraw his consent at any time, directly by clicking on the unsubscribe link available on each email received, by modifying his account settings, or by contacting Us at the following email address firstname.lastname@example.org.
2.7.In accordance with the legislations in force, User has the right to access, to rectify and to object data concerning himself. User can access and change the information and preferences provided when account is created through the account page or by contacting Us.
3.1.The security of Users Personal Information is important to Us. We follow generally accepted industry standards to protect the Personal Information submitted to Us, both during transmission and once We receive it. All information gathered on Our Website/App is securely stored on amazon web services or “AWS” cloud servers and the “Google Cloud Platform” cloud servers. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited.
3.3.Depending on the processing of Personal Information, the data may be subject to a different storage period. Most of the Personal Information is stored for a duration of 5 (five) years from Users last use of the Website, or the App or a service.
3.4.At the end of the storage period, the Personal Information is purged and therefore deleted from Our database.
3.5.We do not sell Users Personal Information to any advertisers or any third party. We use Users Personal Data to display relevant advertisements, based on his preferences. We make reports related to the advertisement campaigns, in particular statistics, without any reference or information related to the personal information of visitors or users of the Website/App. User can also block advertising cookies in the dedicated “cookies” page.
4.1.The Website/App is not intended for children, and if you are under the minimum age as specified in Rooter User Agreement, You may not create a Rooter Live account or use the services available on the Website/App.
4.2.We have zero tolerance to any form of child abuse or exploitation. Your data (including group messages and private messages) may be shared with law enforcement agencies if we have reasonable grounds to believe that You have engaged in child pornography, or if We are requested to do so by law enforcement agencies.
Effective as of 22nd October, 2019
This Rooter User Agreement (“Agreement”) governs Your usage of Our services including the Website/App i.e. social network developed by us and an audio/textual/video online streaming and commenting application enabling User to share images, videos, music, status updates, and more. The Website/App are a program guide and a social platform for internet-based live streaming through its use.
By using our services, or by clicking on "Sign Up" during the registration process, You agree to all the terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link:https://rooter.io/rooter-privacy-policy/. By continuing to avail our services, You agree to be bound by the revised Agreement.
Our Platform is dynamic and may change rapidly. As such, We may change the services We provide at Our discretion. We may temporarily, or permanently, stop providing Services or any features to You generally. We may remove or add functionalities to Our Platform and services without any notice. However, if we make a change where Your consent is required, We will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
2.1.Our Platform provides You with a platform to stay in touch with Your friends and enables You to share photographs, images, videos, music, status updates, and more in Your preferred regional language.
2.2.You may only use our service only if you are capable of forming a binding agreement with Us, are legally permitted to Use Our Services, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in Your country. If You are below the aforementioned minimum age, You may only use the Website/App if Your guardian has provided Us with valid consent for You to use Website/App. You undertake that no false claim for having reached the minimum age will be provided.
3.1.To use Our services, You must register on our Platform by entering Your phone number and the One-Time-Password sent by Us via SMS to Your phone number. When You register with us using the App, You allow Us to read Your mobile device phone book, SMS inbox, access Your mobile gallery, mobile device storage, and mobile device camera. However, it is clarified that We do not read any information stored on Your mobile device and computer without Your permission.
3.2.It is also stated that You shall be solely responsible for the safekeeping of Your Rooter account and password. All behaviors and activities conducted through Your Rooter account will be deemed as Your behaviors and activities for which You shall be solely responsible.
3.3.You may not create Rooter account for others or allow others to use Your Rooter account. You shall immediately notify Us if You discover unlawful Use of Your account by others.
3.4.In consideration for Our services, You agree that We have the right to place advertisement or other types of commercial information. You also agree to receive advertisement or other relevant commercial information from Us via email or other methods.
4.1.Providing a safe service for a broad community requires that We all do our part. In return for Our commitment to provide Our services, You must abide by all applicable laws and regulations, and all rules and policies of Rooter. Further, You have to make some commitments to Us.
4.2.Certain kind of content is not allowed on our Platform. If such content comes to our attention, we may take it down. If you come across any content that violates these Guidelines, we encourage you to report it. The intent of the creator is important. We do not welcome creations/content that intends to bring discomfort, spread mischief or promote illegal activities.
4.3.Your commitments to Us are:
184.108.40.206.pornographic, obscene or indecent, or any adult content, including any form of child exploitation;
220.127.116.11.excessively violent, including any content that is related to death or serious injury;
18.104.22.168.depicting, encouraging or assisting suicide or self-harm;
22.214.171.124.rumor, false or misleading information;
126.96.36.199.hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
188.8.131.52.profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
184.108.40.206.related to gambling, abortion, weapon, or other highly explosive subject matter;
220.127.116.11.abusive, libelous, or otherwise harassing other people or group;
18.104.22.168.spam, junk mail or other unsolicited advertisement;
4.3.2.While You do not have to use Your actual name on Our Platform, You are required to input Your correct phone number and gender to use our Services. You will not falsely represent Yourself as another person or representative of another person to use Our services. In the event You are operating a parody account for satirical or comedic purposes, You must state the same in Your account bio.
4.3.3.You will ensure that you have requisite anti-malware and anti-virus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.
4.3.4.You may not publish or distribute other people's private information without their express authorization and permission. In the event express authorization and permission is received from the original content creator, at time of republishing the same, due credit to the original content creator must be given by You.
4.3.5.You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You are solely responsible to clear such licenses, rights, consents, and permissions.
4.3.6.You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Internet.
4.3.7.We have the right to review and monitor your behavior on the Platform. If We, at our sole discretion, reasonably consider that You have violated the terms of the Agreement, We may freeze, suspend, disable, ban or revoke your account. You understand that any virtual gift associated with your account will be frozen, suspended, disabled, banned or revoked as well.
4.3.8.If We discover or reasonably suspect that any of Your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, We may freeze, suspend, disable, ban or revoke such virtual gift.
4.3.9.If Your account is frozen, suspended, disabled, banned or revoked, You may not create a second account or ask any other to create a second account for You.
4.3.10.If You violate any terms of the Agreement, You shall indemnify and hold harmless of Rooter against any liability resulting from a claim by a third party in relation to Your violation.
5.1.We hereby grant You the permission to access and use the service and the Platform as set forth in this Rooter User Agreement, provided that:
5.1.1.You agree not to distribute in any medium any part of the service or the content without Our prior written authorization, unless We make available the means for such distribution through functionality offered by the service or the Platform.
5.1.2.You agree not to alter or modify any part of the service or the Platform.
5.1.3.You agree not to access content through any technology or means other than the service provided on the Platform itself, the embeddable player, or other explicitly authorized means We may designate.
5.1.4.You agree not to use the service for any of the following commercial uses unless You obtain Our prior written approval:
22.214.171.124.the sale of access to the service;
126.96.36.199.the sale of advertising, sponsorships, or promotions placed on or within the service or content; or
5.1.5.Prohibited commercial uses do not include:
188.8.131.52.uploading an original video to the Platform, or maintaining an original channel on Platform, to promote Your business or artistic enterprise;
184.108.40.206.showcasing videos through the embeddable player, subject to the restrictions set forth above; or
220.127.116.11.any use that We expressly authorizes in writing.
5.1.6.If You use the embeddable player on Your website, You may not modify, build upon, or block any portion or functionality of the embeddable player, including but not limited to links back to the Platform.
5.1.7.You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the service in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the service, nor to use the communication systems provided by the service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the service with respect to their content.
5.2.Permissions You have granted Us are:
5.2.1.While Our Platform is a freely accessible and usable platform, We may share Your user name and gender, and any data that We may collect relating to Your usage habits and patterns on Our Platform to show You any sponsored content or advertisements. We will not, however, be liable to pay You any revenue share if You purchase any products advertised to You. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the Users on Our Platform does not amount to an endorsement by Us.
5.2.2.We are constantly updating our Platform and Services offered. To use Our Platform, You may need to download the Rooter mobile application to Your mobile device and update it from time to time. Applications and software are constantly updated for Your use and You will need to install the latest version of the App to Your mobile device each time such update is generated.
6.1.As part of the Platform, We provide the Live feature which allows You to broadcast real-time audios/videos of Yourself or other content on the platform. Other Users can comment on live videos broadcasted by You thus allowing for real-time communication.
6.2.All content uploaded using the Live feature is subject to the content and community guidelines. We reserve the right to immediately remove any content uploaded using this feature which is in violation of these Terms and our content and community guidelines.
6.3.We may, from time to time, add, remove or alter the functionality of the Live feature. We may also discontinue the Live feature from the Platform at any time. We do not warrant that-
6.3.1.Live feature will be error-free or always available,
6.3.2.the Live feature would always function without disruptions,
6.3.3.any content posted by other users using the Live feature will be accurate, or
6.3.4.The content posted by other users will be their original content.
6.4.We provide the Live feature for You to interact on a real-time basis with other users but You shall not misuse the feature to upload content that is prohibited under Our permitted content guidelines. We do not warranty the continued availability of the feature.
7.1.We operate with a clear copyright policy in relation to any content alleged to infringe the copyright of a third party.
7.2.As part of Our copyright policy, We will terminate User access to the Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than 3 (Three) times.
7.3.If your copyright-protected work was posted on the Platform without authorization, You may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit your claim. These copyright claims should be sent by the copyright owner or an agent authorized to act on the owner’s behalf.7.4.The fastest and simplest way to submit a copyright takedown notice is by contacting us via email, postal mail, or fax, here is how to do so:
Address: Rooter Sports, 55 Community Center, East of Kailash, New Delhi - 10065
Office Hours: 10:00 A.M. to 7:00 P.M.
Phone No: 011-41000922
7.5.The name You provide as copyright owner will be published on the Platform in place of the content taken down. If You can give us a valid legal alternative, such as a company name or the name of an authorized representative, We'll review and apply it if appropriate. The name will become part of the public record of Your request, along with your description of the work(s) allegedly infringed. All other information, including Your full legal name and email, are part of the full takedown notice, which may be given to the uploader.
7.6.If You choose to submit a copyright takedown request, remember that You're starting a legal process. If You wish to appeal any such removal, You may write to us at email@example.com.
8.1.We strongly believe in the freedom of expression and allow You to share photographs, images, videos, music, status updates, and other content on our Platform. We do not have any ownership over any of the content shared by You and the rights in the content remain only with You. However, if You use any content developed by Us, then we shall continue to own the intellectual property rights in such content.
8.3.You remain solely responsible for the content You post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by You does not mean that we have endorsed or sponsored Your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by You with other users of the Platform. You will always have ownership and responsibilities for the content You share. We will never claim that We have intellectual property rights over Your content, but will have a free of cost, permanent license to use what You share and post on our Platform.
9.2.We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that We will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if We know they are possible. This includes when We delete your content, information, or account.
10.1.To the fullest extent permitted by applicable law, We reserve the right, without notice and in our sole discretion, to terminate Your license to use the services available on the Platform (including to post user content), and to block or prevent your future access to and use of the Platform services, including where we reasonably consider that:
10.1.1.Your use of the services violates these terms of service or applicable law;
10.1.2.You fraudulently use or misuse the Our Services; or
10.1.3.We are unable to continue providing the services to You due to technical or legitimate business reasons.
10.2.2.any term of this Agreement,
10.2.3.any policy or practice of Ours in operating the services, or
10.2.4.any content or information transmitted through the Platform,
is to terminate Your account and to discontinue use of any and all parts of the Rooter services.
We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at any of the following:
Address: Rooter Sports, 55 Community Center, East Of Kailash, New Delhi - 10065
Office Hours: 10:00 A.M. to 7:00 P.M.
Phone No: 011-41000922
We have created a method for you to get in touch with us and for us to address your concerns.
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or willful misconduct. This obligation will survive termination of our Terms.
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate You for them and are under no obligation to keep them confidential.
14.1.If any aspect of these Terms is unenforceable, the rest will remain in effect.
14.2.Any amendment or waiver to our Terms must be in writing and signed by us.
14.3.If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce Our rights will not be a waiver by Us.
14.4.We reserve all rights not expressly granted to You.
15.1.The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Agreement and/or usage of the Platform and services provided by Us (including the content), the construction, validity, interpretation and enforceability of these terms, or the rights and obligations of the user or Us, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
15.2.In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, then the dispute shall be settled by arbitration.
15.3.The place of arbitration shall be New Delhi, India. All arbitration proceedings shall be presided by a sole arbitrator appointed by Rooter and conducted in English in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the Rules made thereunder, as amended from time to time.
15.4.The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts.
15.5.Nothing contained in these terms shall prevent Us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Our interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on Our part to pursue any remedy for monetary damages through the arbitration described herein.
16.1.Users shall access the Platform voluntarily and at their own risk. We shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Platform and the services.
16.2.By uploading user content and accessing the Platform provided therein, users hereby release from and agree to indemnify Us, and/ or any of Our directors, employees, partners, associates and licensors, against all liability, cost, loss or expense arising out their access to the Platform including but not limited to personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
16.3.Users shall be solely responsible for any consequences which may arise due to their access of Platform by conducting an illegal act or due to non-conformity with these terms and other rules and regulations in relation to Platform, including provision of incorrect address or other personal details. Users also undertake to indemnify Us and Our respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act on the part of the Users.
16.4.Users shall indemnify, defend, and hold Us harmless from any third party/ entity/ organization claims arising from or related to such User's engagement with Us or participation in any contest. In no event shall We be liable to any User for acts or omissions arising out of or related to User's engagement with Us or his participation in any contest(s).
16.5.In consideration of Our allowing Users to access the Platform, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Us, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Platform.
We take action against those who violate these Guidelines. If Your profile is reported for violating these Guidelines, then Your profile may be suspended temporarily for up to 360 (three hundred and sixty) days. In case of repeated breach of these Guidelines, We may be compelled to terminate your account with Us and block you from registering with Us. If required, we will cooperate with legal authorities and note that We are under no duty to assist You.