RosiMosi Privacy Policy & Terms of Service
Mobile App Privacy Policy
Effective November 15th 2012
Updated November 14th 2022
Protecting your privacy and data is very important to us. Accordingly,
we have developed this Privacy and Data Policy in order for you to
understand what data we collect and how we use it. The following
outlines our policy for all of our mobile apps downloaded from stores
such as Apple, Google, and Amazon. This policy excludes The Guides
series. The privacy policy for those apps may be found at:
The Guides App Privacy Policy
Please note if you sign-up for a subscription to the RosiMosi Academy
then the
RosiMosi Academy Privacy Policy
will also apply.
• Personal Information: By default our mobile apps collect no
personally identifiable information. If you sign-up for the RosiMosi
Academy we may collect information such as your name and email address.
• Data Collection: Our apps may collect anonymous usage
information to help improve the quality of our services and
applications. This data is anonymous and does not contain any
information which may be used to identify a specific user.
If you subscribe to the RosiMosi Academy, more data collection may
occur. View the
RosiMosi Academy Privacy Policy for more
details.
All of our apps are built with the Solar SDK. Solar SDK may collect
anonymous usage information that is fully GDPR compliant. This means it
does not collect any Personal Data which can be used to identify a
specific user. View the full Privacy Policy for Solar SDK here:
Corona Labs Privacy Policy
• Data Retention: We will only keep your personal information for
as long as it is necessary for the purposes set out in this privacy
policy, unless a longer retention period is required or permitted by law
(such as tax, accounting or other legal requirements). No purpose in
this policy will require us keeping your personal information for longer
than 2 years past the termination of the user's account . If you wish to
remove any of your information from our systems please contact us at
help@rosimosi.com.
• Age Limitations: We do not knowingly contact or do business
with anyone under 16 years of age. If a parent or guardian becomes aware
that a child under the age of 16 has attempted to contact and/or do
business with us, please advise us by email at help@rosimosi.com so that
we may rectify the situation.
• Push Notifications: We may also send parents and teachers
practice reminders through our mobile apps. These notifications are
intended for grownups only and can only be requested through the
parent/grownup sections of our mobile apps. You can opt-out from these
notifications or modify the frequency of these notifications at any time
through the app or device settings.
• Social Media: Our apps do not interact with any social media
networks. We may provide links to our own social media networks for the
purpose of providing support and product information.
This policy is extremely restrictive in order to protect children while
using apps. Our philosophy is that children should not be exposed to
dangers while playing games and parents shouldn't have to worry if an
app is collecting information about them. If you ever have a question
about the privacy of your children, or yourself, while using our
applications, please email us at help@rosimosi.com
RosiMosi Academy Privacy Policy
Effective December 12th 2019
Updated February 10th 2021
Thank you for choosing to be part of our community at RosiMosi LLC
(“Company”, “we”, “us”, or “our”). We are committed to protecting your
personal information and your right to privacy. If you have any
questions or concerns about our policy, or our practices with regards to
your personal information, please contact us at help@rosimosi.com.
When you visit our website www.rosimosi.com, and use our services, you
trust us with your personal information. We take your privacy very
seriously. In this privacy policy, we seek to explain to you in the
clearest way possible what information we collect, how we use it and
what rights you have in relation to it. We hope you take some time to
read through it carefully, as it is important. If there are any terms in
this privacy policy that you do not agree with, please discontinue use
of our Sites and our services.
This privacy policy applies to all information collected through our
website (such as www.rosimosi.com), and/or any related services, sales,
marketing or events (we refer to them collectively in this privacy
policy as the "Services").
Please read this privacy policy carefully as it will help you make
informed decisions about sharing your personal information with us.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us such
as name, address, contact information, passwords and security data,
payment information, and social media login data.
We collect personal information that you voluntarily provide to us when
registering at the Services expressing an interest in obtaining
information about us or our products and services, when participating in
activities on the Services or otherwise contacting us.
The personal information that we collect depends on the context of your
interactions with us and the Services, the choices you make and the
products and features you use. The personal information we collect can
include the following:
Publicly Available Personal Information. We collect first name,
maiden name, last name, nickname, ID, email addresses, and other similar
data.
Credentials. We collect passwords, password hints, and similar
security information used for authentication and account access.
Student Data. We collect student names and track program usage
for parent/teacher reporting.
Payment Data. We collect data necessary to process your payment
if you make purchases, such as your payment instrument number (such as a
credit card number), and the security code associated with your payment
instrument. All payment data is stored by Stripe. You may find their
privacy policy link(s) here: www.stripe.com.
Social Media Login Data. We provide you with the option to
register using social media account details, like your Facebook, Twitter
or other social media account. If you choose to register in this way, we
will collect the Information described in the section called "HOW DO WE
HANDLE YOUR SOCIAL LOGINS " below.
All personal information that you provide to us must be true, complete
and accurate, and you must notify us of any changes to such personal
information.
Information automatically collected
In Short: Some information – such as IP address and/or browser and
device characteristics – is collected automatically when you visit our
Services.
We automatically collect certain information when you visit, use or
navigate the Services. This information does not reveal your specific
identity (like your name or contact information) but may include device
and usage information, such as your IP address, browser and device
characteristics, operating system, language preferences, referring URLs,
device name, country, location, information about how and when you use
our Services and other technical information. This information is
primarily needed to maintain the security and operation of our Services,
and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and
similar technologies.
Online Identifiers. We collect tools and protocols, such as IP
(Internet Protocol) addresses, devices, cookie identifiers, or others
such as the ones used for analytics and marketing, and other similar
data.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on
legitimate business interests, the fulfillment of our contract with
you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of
business purposes described below. We process your personal information
for these purposes in reliance on our legitimate business interests, in
order to enter into or perform a contract with you, with your consent,
and/or for compliance with our legal obligations. We indicate the
specific processing grounds we rely on next to each purpose listed
below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to
link your account with us to a third party account (such as your Google
or Facebook account), we use the information you allowed us to collect
from those third parties to facilitate account creation and logon
process for the performance of the contract. See the section below
headed " HOW DO WE HANDLE YOUR SOCIAL LOGINS " for further information.
- To send you marketing and promotional communications. We and/or our
third party marketing partners may use the adult account holder's personal information you send
to us for our marketing purposes, if this is in accordance with your
marketing preferences. You can opt-out of our marketing emails at any
time (see the " WHAT ARE YOUR PRIVACY RIGHTS " below).
- Fulfill and manage your orders. We may use your information to fulfill
and manage your orders, payments, returns, and exchanges made through
the Services.
- To protect our Services. We may use your information as part of our
efforts to keep our Services safe and secure (for example, for fraud
monitoring and prevention).
- To enforce our terms, conditions and policies for Business Purposes,
Legal Reasons and Contractual.
- To respond to legal requests and prevent harm. If we receive a
subpoena or other legal request, we may need to inspect the data we hold
to determine how to respond.
- To manage user accounts. We may use your information for the purposes
of managing our account and keeping it in working order.
- To deliver services to the user. We may use your information to
provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your
information to respond to your inquiries and solve any potential issues
you might have with the use of our Services.
- For other Business Purposes. We may use your information for other
Business Purposes, such as data analysis, identifying usage trends,
determining the effectiveness of our promotional campaigns and to
evaluate and improve our Services, products, marketing and your
experience. We may use and store this information in aggregated and
anonymized form so that it is not associated with individual end users
and does not include personal information. We will not use identifiable
personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
Short: We only share information with your consent, to comply with
laws, to provide you with services, to protect your rights, or to
fulfill business obligations.
We may process or share data based on the following legal basis:
- Consent: We may process your data if you have given us specific
consent to use your personal information in a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably
necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with
you, we may process your personal information to fulfill the terms of
our contract.
- Legal Obligations: We may disclose your information where we are
legally required to do so in order to comply with applicable law,
governmental requests, a judicial proceeding, court order, or legal
process, such as in response to a court order or a subpoena (including
in response to public authorities to meet national security or law
enforcement requirements).
- Vital Interests: We may disclose your information where we believe it
is necessary to investigate, prevent, or take action regarding potential
violations of our policies, suspected fraud, situations involving
potential threats to the safety of any person and illegal activities, or
as evidence in litigation in which we are involved.
More
specifically, we may need to process your data or share your personal
information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers. We may
share your data with third party vendors, service providers, contractors
or agents who perform services for us or on our behalf and require
access to such information to do that work. Examples include: payment
processing, data analysis, email delivery, hosting services, customer
service and marketing efforts. We may allow selected third parties to
use tracking technology on the Services, which will enable them to
collect data about how you interact with the Services over time. This
information may be used to, among other things, analyze and track data,
determine the popularity of certain content and better understand online
activity. Unless described in this Policy, we do not share, sell, rent
or trade any of your information with third parties for their
promotional purposes. We have contracts in place with our data
processors. This means that they cannot do anything with your personal
information unless we have instructed them to do it. They will not share
your personal information with any organisation apart from us. They will
hold it securely and retain it for the period we instruct.
-Business Transfers. We may share or transfer your information in
connection with, or during negotiations of, any merger, sale of company
assets, financing, or acquisition of all or a portion of our business to
another company.
-Affiliates. We may share your information with our affiliates, in which
case we will require those affiliates to honor this privacy policy .
Affiliates include our parent company and any subsidiaries, joint
venture partners or other companies that we control or that are under
common control with us.
-Business Partners. We may share your information with our business
partners to offer you certain products, services or promotions.
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
In Short: We only share information with the following third
parties.
We only share and disclose your information with the following third
parties. We have categorized each party so that you may be easily
understand the purpose of our data collection and processing practices.
If we have processed your data based on your consent and you wish to
revoke your consent, please contact us.
- Allow Users to Connect to their Third-Party Accounts: Facebook
account, Twitter account and Google account
- Invoice and Billing: Stripe
- Web and Mobile Analytics: Google Analytics
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to
collect and store your information.
We may use cookies and similar tracking technologies (like web beacons
and pixels) to access or store information.
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our services using a
social media account, we may have access to certain information about
you.
Our Services offer you the ability to register and login using your
third party social media account details (like your Facebook or Twitter
logins). Where you choose to do this, we will receive certain profile
information about you from your social media provider. The profile
Information we receive may vary depending on the social media provider
concerned, but will often include your name, e-mail address, friends
list, profile picture as well as other information you choose to make
public.
We will use the information we receive only for the purposes that are
described in this privacy policy or that are otherwise made clear to you
on the Services . Please note that we do not control, and are not
responsible for, other uses of your personal information by your third
party social media provider. We recommend that you review their privacy
policy to understand how they collect, use and share your personal
information, and how you can set your privacy preferences on their sites
and apps.
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in
countries other than your own.
Our servers are located in United States. If you are accessing our
Services from outside United States, please be aware that your
information may be transferred to, stored, and processed by us in our
facilities and by those third parties with whom we may share your
personal information (see " WILL YOUR INFORMATION BE SHARED WITH ANYONE?
" above), in and other countries.
If you are a resident in the European Economic Area, then these
countries may not have data protection or other laws as comprehensive as
those in your country. We will however take all necessary measures to
protect your personal information in accordance with this privacy policy
and applicable law.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to
fulfill the purposes outlined in this privacy policy unless otherwise
required by law.
We will only keep your personal information for as long as it is
necessary for the purposes set out in this privacy policy, unless a
longer retention period is required or permitted by law (such as tax,
accounting or other legal requirements). No purpose in this policy will
require us keeping your personal information for longer than 2 years
past the termination of the user's account .
When we have no ongoing legitimate business need to process your
personal information, we will either delete or anonymize it, or, if this
is not possible (for example, because your personal information has been
stored in backup archives), then we will securely store your personal
information and isolate it from any further processing until deletion is
possible.
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a
system of organizational and technical security measures.
We have implemented appropriate technical and organizational security
measures designed to protect the security of any personal information we
process. However, please also remember that we cannot guarantee that the
internet itself is 100% secure. Although we will do our best to protect
your personal information, transmission of personal information to and
from our Services is at your own risk. You should only access the
services within a secure environment.
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area, you
have rights that allow you greater access to and control over your
personal information. You may review, change, or terminate your
account at any time.
In some regions (like the European Economic Area), you have certain
rights under applicable data protection laws. These may include the
right (i) to request access and obtain a copy of your personal
information, (ii) to request rectification or erasure; (iii) to restrict
the processing of your personal information; and (iv) if applicable, to
data portability. In certain circumstances, you may also have the right
to object to the processing of your personal information. To make such a
request, please use the contact details provided below. We will consider
and act upon any request in accordance with applicable data protection
laws.
If we are relying on your consent to process your personal information,
you have the right to withdraw your consent at any time. Please note
however that this will not affect the lawfulness of the processing
before its withdrawal.
If you are resident in the European Economic Area and you believe we are
unlawfully processing your personal information, you also have the right
to complain to your local data protection supervisory authority. You can
find their contact details here:
EU Data Protection Authorities
If you have questions or comments about your privacy rights, you may
email us at help@rosimosi.com.
Account Information
If you would at any time like to review or change the information in
your account or terminate your account, you can:
- Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or
delete your account and information from our active databases. However,
some information may be retained in our files to prevent fraud,
troubleshoot problems, assist with any investigations, enforce our Terms
of Use and/or comply with legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept
cookies by default. If you prefer, you can usually choose to set your
browser to remove cookies and to reject cookies. If you choose to remove
cookies or reject cookies, this could affect certain features or
services of our Services.
Opting out of email marketing: You can unsubscribe from our marketing
email list at any time by clicking on the unsubscribe link in the emails
that we send or by contacting us using the details provided below. You
will then be removed from the marketing email list – however, we will
still need to send you service-related emails that are necessary for the
administration and use of your account.
11. DATA BREACH
A privacy breach occurs when there is unauthorized access to or
collection, use, disclosure or disposal of personal information. You
will be notified about data breaches when RosiMosi LLC believes you are
likely to be at risk or serious harm. For example, a data breach may be
likely to result in serious financial harm or harm to your mental or
physical well-being. In the event that RosiMosi LLC becomes aware of a
security breach which has resulted or may result in unauthorized access,
use or disclosure of personal information RosiMosi LLC will promptly
investigate the matter and notify the applicable Supervisory Authority
not later than 72 hours after having become aware of it, unless the
personal data breach is unlikely to result in a risk to the rights and
freedoms of natural persons.
12. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile
applications include a Do-Not-Track (“DNT”) feature or setting you can
activate to signal your privacy preference not to have data about your
online browsing activities monitored and collected. No uniform
technology standard for recognizing and implementing DNT signals has
been finalized. As such, we do not currently respond to DNT browser
signals or any other mechanism that automatically communicates your
choice not to be tracked online. If a standard for online tracking is
adopted that we must follow in the future, we will inform you about that
practice in a revised version of this privacy policy .
13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted
specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The
Light” law, permits our users who are California residents to request
and obtain from us, once a year and free of charge, information about
categories of personal information (if any) we disclosed to third
parties for direct marketing purposes and the names and addresses of all
third parties with which we shared personal information in the
immediately preceding calendar year. If you are a California resident
and would like to make such a request, please submit your request in
writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a
registered account with the Services, you have the right to request
removal of unwanted data that you publicly post on the Services. To
request removal of such data, please contact us using the contact
information provided below, and include the email address associated
with your account and a statement that you reside in California. We will
make sure the data is not publicly displayed on the Services, but please
be aware that the data may not be completely or comprehensively removed
from our systems.
14. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay
compliant with relevant laws.
We may update this privacy policy from time to time. The updated version
will be indicated by an updated “Revised” date and the updated version
will be effective as soon as it is accessible. If we make material
changes to this privacy policy, we may notify you either by prominently
posting a notice of such changes or by directly sending you a
notification. We encourage you to review this privacy policy frequently
to be informed of how we are protecting your information.
15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may contact our
Data Protection Officer (DPO), Kevin Bradford, by email at
help@rosimosi.com.
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM
YOU?
Based on the laws of some countries, you may have the right to request
access to the personal information we collect from you, change that
information, or delete it in some circumstances. To request to review,
update, or delete your personal information, please submit a request by
email at help@rosimosi.com. We will respond to your request within 30
days.
RosiMosi Academy Terms of Service
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and RosiMosi
LLC ("Company", “we”, “us”, or “our”), concerning your access to and use
of the www.rosimosi.com website as well as any other media form,
media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). You agree that
by accessing the Site, you have read, understood, and agreed to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date
of these Terms of Use, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use
of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you
are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and
the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Terms of Use; (4) you
are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Site; (5) you will not
access the Site through automated or non-human means, whether through a
bot, script, or otherwise; (6) you will not use the Site for any illegal
or unauthorized purpose; and (7) your use of the Site will not violate
any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create
or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Site and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to the Site.
5. Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false reports of
abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the username of
another user.
10. Use any information obtained from the Site in order to harass,
abuse, or harm another person.
11. Use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
12. Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
13. Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
15. Delete the copyright or other proprietary rights notice from any
Content.
16. Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
17. Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
18. Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
19. Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
20. Use the Site in a manner inconsistent with any applicable laws or
regulations.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or
controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this
mobile application license contained in these Terms of Use. You shall
not: (1) decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work
from the application; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the
application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the application available over a network
or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the application; (8) use the application
to send automated queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App Distributor”)
to access the Site: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth
in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with
respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms
of Use or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application
to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you represent and warrant that
(i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government
as a “terrorist supporting” country and (ii) you are not listed on any
U.S. government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement when using
the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions
in this mobile application license contained in these Terms of Use, and
that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Terms of Use against you
as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site
for violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: www.rosimosi.com/privacy. By using the Site, you agree to be
bound by our Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the Site is hosted in the United States. If you
access the Site from the European Union, Asia, or any other region of
the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent
to have your data transferred to and processed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of Missouri
applicable to agreements made and to be entirely performed within the
State of Missouri, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Jackson County,
Missouri. Except as otherwise provided herein, the Parties may litigate
in court to compel arbitration, stay proceedings pending arbitration, or
to confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state and federal
courts located in Jackson County, Missouri, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the the Uniform
Computer Information Transaction Act (UCITA) are excluded from these
Terms of Use.
If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED THROUGH THE SITE, AND WE WILL NOT BE
A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Site;
(2) breach of these Terms of Use; (3) any breach of your representations
and warranties set forth in these Terms of Use; (4) your violation of
the rights of a third party, including but not limited to intellectual
property rights; or (5) any overt harmful act toward any other user of
the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver
of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and
us as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
SUBSCRIPTIONS / PAYMENT
You will maintain access to the site until the end of your subscription
period. The only exception are trial periods, where if you cancel during
the trial period your access will be revoked immediately. You may cancel
your subscription at anytime and will not be charged again. To cancel your subscription made through
Apple, Google, or Amazon you must visit the corresponding App Store to cancel. If your subscription was
made through our website you may cancel by clicking Settings at the bottom of our website or by emailing
us at help@rosimosi.com.
Subscriptions can not be prorated or refunded at cancellation.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at
help@rosimosi.com