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5323 Levander Loop, Austin, TX, USA 78702     |     ©2018 by Rokfin.     |    Terms of Service

Terms of Service

ROKFIN, INC. ("ROKFIN," "WE," OR "US") OFFERS AN ONLINE CONTENT SHARING

PLATFORM AND COMMUNITY THROUGH ITS WEBSITE LOCATED AT ROKFIN.COM

AND OTHER ROKFIN-OPERATED SITES (COLLECTIVELY, THE "ROKFIN SITE"),

MOBILE APPLICATIONS, AND OTHER ONLINE SERVICES (COLLECTIVELY AND

INCLUDING THE ROKFIN SITE, THE "ROKFIN SERVICE"). BY REGISTERING AS A

MEMBER OR BY USING THE ROKFIN SERVICE IN ANY WAY, YOU ACCEPT THESE

TERMS OF SERVICE ("AGREEMENT"), WHICH FORMS A BINDING AGREEMENT

BETWEEN YOU AND ROKFIN. IF YOU DO NOT WISH TO BE BOUND BY THIS

AGREEMENT, DO NOT USE THE ROKFIN SERVICE.

 

Content

 

1. RAE Clause

1.1 Burn

In exchange for the licensing of all creators’ content uploaded to the Rokfin platform,

Rokfin is bound by this agreement to burn the equivalent amount of RAE Tokens in USD

(or other fiat value) for each USD of revenue received through its platform. 

Any and all future use of creator uploaded content is only permitted such that Rokfin

submits burns transactions of RAE Tokens in the equivalent amount of each subscriber's

payment within 24 hours of giving access to said subscriber. Rokfin is mandated to pay 

up to 5% of the subscription price as a transaction fee to a public blockchain.

“Burns” for the purpose of this TOS is the process of sending RAE Tokens to a verifiably

unspendable address.  After 24 hours, Rokfin license to distribute content is suspended for

any subscriptions that have not had the equivalent amount of RAE Tokens burned for that

subscription until Rokfin fulfills the RAE Token debts accrued.

Although other clauses of the Terms of Service may change from time to time, the

commitment from Rokfin to burn the USD (or another fiat) equivalent of RAE Token per USD

(or another fiat) revenue is permanent and irrevocable. 

1.2 Reward Methodology
The value of the network increases when there is valuable content on the network. 72% of all value contributed to the network is distributed to creators on every mint, which is equivalent to 7,200 RAE tokens per mint. 7,200 RAE Tokens will be distributed to creators based on the value their content brings to the network. Creators are valuable if they supply content on the network that people pay to consume. This can happen with a customer that a creator acquires, or with customers from other creators. If customers do not pay to consume content of said creator, then Rokfin may not be the correct platform for that creator at that time. In this scenario, the creators will be considered an “Edge Creator” and earn a maximum of 72% of the subscription price ($9.99 as of 9/23/19) in RAE for each customer they bring to the platform. One example of an Edge Creator is a creator who uses the platform only as a fundraising mechanism, instead of acquiring customers through their content’s value.

 

1.3 Minting Manipulation
Manipulation of subscribers to artificially enhance the creator’s token rewards is strictly prohibited. This may include, but is not limited to, a) full or partial reimbursement, in the form of cash or other compensation for customer(s) to subscribe, offered by creator or any entity acting on behalf of creator; b) using fraudulent personas to subscribe to Rokfin c) other forms of fraudulent behavior directly or indirectly causing subscription acquisition and/or retention manipulation.

 

2. Who May Use the Rokfin Service

AGE REQUIREMENT: You must be at least 13 years old to use the Rokfin Service. If

you are at least 13 but are still a minor (this depends on where you live), you must have

your parent or legal guardian's permission to use the Rokfin Service. Please have him or

her read this Agreement with you.

 

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the

Rokfin Service, you agree to the terms of this Agreement on behalf of your child. You are

responsible for monitoring and supervising your child's use of the Rokfin Service. If your

child is using the Rokfin Service and is either under 13 or does not have your permission,

please contact us immediately so that we can disable his or her access.

 

WARNING: Even if you are old enough to use the Rokfin Service and/or have your

parent's or guardian's permission, some of the content available within the Rokfin Service

may not be appropriate for you. Some content may contain "R-rated" material, nudity,

profanity, and mature subject matter. If you are under 18, do not view such content.

 

3. License to Use the Rokfin Service

LICENSE: Rokfin grants you a limited, non-exclusive license to access and use the

Rokfin Service for your own personal, non-commercial purposes. This includes the right

to view content available on the Rokfin Service. This license is personal to you and may

not be assigned or sublicensed to anyone else.

 

COMMERCIAL USE: You may not use the Rokfin Service for commercial purposes

unless:

• You are a Rokfin Creator, in which case you may use and access the Rokfin

Service for commercial and non-commercial purposes, subject to compliance with

the Rokfin Guidelines; or

 

RESTRICTIONS: Except as expressly permitted by Rokfin in writing, you will not scrape,

reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer,

or disassemble the Rokfin Service or any source code therein. Nor will you attempt to

circumvent any of Rokfin's technical measures or take any measures to interfere with or

damage the Rokfin Service. All rights not expressly granted by Rokfin are reserved.

 

4. Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio

recording, or other work (collectively, "content") that:

• Promotes Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist

groups, ISIS, terrorist groups, misogynist groups, or groups that advocate anti-gay,

or Holocaust denial agendas.

• Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights,

etc.);

• Exploits minors;

• Contains pornography (provided, however, that non-sexual nudity is permitted);

• Depicts unlawful acts or extreme violence;

• Depicts animal cruelty or extreme violence towards animals;

• Violates any law.

 

All videos you submit must also comply with the Rokfin Guidelines, which are

incorporated into this Agreement.

 

5. Code of Conduct

In using the Rokfin Service, you must behave in a civil and respectful manner at all times.

Further, you will not:

• Act in a deceptive manner by, among other things, impersonating any person;

• Harass or stalk any other person;

• Harm or exploit minors;

• Distribute "spam";

• Collect information about others; or

• Advertise or solicit others to purchase any product or service within the Rokfin Site

(unless you are an official Rokfin partner or advertiser and have a written

agreement with Rokfin).

Rokfin has the right, but not the obligation, to monitor all conduct on and content submitted

to the Rokfin Service.

 

6. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this

Agreement. Please review the Privacy Policy to learn about:

• What information we may collect about you;

• What we use that information for; and

• With whom we share that information.

 

7. Membership

REGISTRATION: To fully use the Rokfin Service, you must register as a member by

providing a user name, password, and valid email address. You must provide complete

and accurate registration information to Rokfin and notify us if your information changes.

If you are a business, government, or non-profit entity, the person whose email address

is associated with the account must have the authority to bind the entity to this Agreement.

 

USER NAME: We encourage you to use your real name. If you are a business,

government, or non-profit entity, you must use the actual name of your organization. You

may not use someone else's name, a name that violates any third party right, or a name

that is obscene or otherwise objectionable.

 

ACCOUNT SECURITY: You are responsible for all activity that occurs under your

account, including any activity by authorized or unauthorized users. You must not allow

others to use your account credentials and you must safeguard the confidentiality of those

credentials. If you are using a computer that others have access to, you must log out of

your account after using the Rokfin Service. If you become aware of an unauthorized

access to your account, you must change your password and notify us immediately.

 

8. Subscriptions and Purchases

SUBSCRIPTIONS: In addition to offering Basic (free) Rokfin memberships, we offer paid

subscriptions. Please see our subscription pages for current features and pricing.

Features and prices are subject to change. Storage limits are calculated based upon

source files. We reserve the right to charge for excessive use of bandwidth where plays

occur on third-party sites and applications outside the native Rokfin player or apps.

Anyone who wishes to obtain storage capacity beyond what is offered with a particular

subscription, or additional bandwidth for applications not using the Rokfin player may

request a custom account by contacting us directly. Additional terms and conditions (to

be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.

 

CANCELLATION AND REFUNDS: Users who purchase monthly subscriptions have five

(5) days after purchase to cancel and receive a full refund. After the cancelation period

ends, all purchases are final and all fees paid are non-refundable, even if your account is

later terminated by Rokfin. If your account is terminated due to your breach of this

Agreement during the relevant cancelation period, you will not be refunded. If you have

questions, please contact us.

 

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at

the end of the subscription period. By default, all subscriptions are set to automatically

renew for the same period of time as the original subscription. You may decline to renew

at any time prior to the commencement of a renewal subscription. Rokfin reserves the

right to deny subscriptions, renewals, and other purchases for any reason. Unused

storage, plays, and other limits do not roll over to subsequent subscription periods.

 

END OF SUBSCRIPTION: When a paid subscription ends, the account automatically

becomes a Basic (free) account and Rokfin may disable access to or delete any content

to comply with Basic account limits. If you're using Rokfin for commercial purposes, you

will need to maintain a Rokfin Premium or higher plan to continue hosting your videos.

Your account and its content may be deleted if your subscription is not renewed.

 

9. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the Rokfin Service and continues

as long as you have an account with us.

 

ACCOUNT DELETION: You may delete your account at any time. Basic accounts may

be deleted from the Rokfin Service if they remain inactive (i.e., the user fails to log in) for

a continuous period of at least six (6) months. Paid subscription accounts will remain

active until the end of the subscription term and any renewal term.

 

TERMINATION FOR BREACH: Rokfin may suspend, disable, or delete your account (or

any part thereof) or block or remove any content you submitted if Rokfin determines that

you have violated any provision of this Agreement or that your conduct or content would

tend to damage Rokfin's reputation and goodwill. If Rokfin deletes your account for the

foregoing reasons, you may not re-register for the Rokfin Service. Rokfin may block your

email address and Internet protocol address to prevent further registration.

 

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses

granted by Rokfin will terminate. Sections 8 and 11 though 16 shall survive termination.

In the event of account deletion for any reason, content that you submitted may no longer

be available. Rokfin shall not be responsible for the loss of such content.

 

10. Licenses Granted by You

 

10.1 Videos

LICENSE TO ROKFIN: As between you and Rokfin, you own the video content ("videos")

that you submit to the Rokfin Service. By submitting a video, you grant Rokfin and its

affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy,

transmit, distribute, publicly perform and display (through all media now known or

hereafter created), and make derivative works from your video for the purpose of (i)

displaying the video within the Rokfin Service; (ii) displaying the video on third party

websites and applications through a video embed or Rokfin's API subject to your video

privacy choices; (iii) allowing other users to play, download, and embed on third party

websites the video, subject to your video privacy choices; (iv) promoting the Rokfin

Service, provided that you have made the video publicly available; and (v) archiving or

preserving the video for disputes, legal proceedings, or investigations.

 

LICENSE TO OTHER USERS: You further grant all users of the Rokfin Service

permission to view your videos for their personal, non-commercial purposes. This

includes the right to copy and make derivative works from the videos solely to the extent

necessary to view the videos. The foregoing licenses are in addition to any license you

may decide to grant (e.g., a Creative Commons license).

 

DURATION OF LICENSES: The above licenses will continue unless and until you

remove your videos from the Rokfin Service, in which case the licenses will terminate

within a commercially reasonable period of time. Notwithstanding the foregoing, the

license for legal archival/preservation purposes will continue indefinitely. Please note that

removed videos may be cached in search engine indices after removal and that Rokfin

has no control over such caching.

 

10.2 Non-video Content

As between you and Rokfin, you own all non-video content that you submit to the Rokfin

Service. You grant Rokfin and its affiliates a worldwide, perpetual, irrevocable, nonexclusive,

royalty-free license and right to copy, transmit, distribute, publicly perform and

display (through all media now known or hereafter created), and make derivative works

from your non-video content. In addition, you waive any so-called "moral rights" in your

non-video content. You further grant all users of the Rokfin Service permission to view

your non-video content for their personal, non-commercial purposes. If you make

suggestions to Rokfin on improving or adding new features to the Rokfin Service, Rokfin

shall have the right to use your suggestions without any compensation to you.

 

11. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have

the right to submit the content to Rokfin and grant the licenses set forth above; (ii) Rokfin

will not need to obtain licenses from any third party or pay royalties to any third party; (iii)

the content does not infringe any third party's rights, including intellectual property rights

and privacy rights; and (iv) the content complies with this Agreement and all applicable

laws.

 

12. Indemnification

You shall indemnify, defend, and hold harmless Rokfin and its affiliates, directors, officers,

employees, and agents, from and against all third party actions that: (i) arise from any of

your activities on the Rokfin Service; (ii) assert a violation by you of any term of this

Agreement; or (iii) assert that any content submitted by you to Rokfin violates any law or

infringes any third party right, including any intellectual property or privacy right.

 

13. Third-Party Copyrights and Other Rights

Rokfin respects the intellectual property rights of others. If you believe that your copyright

has been infringed, please send us a notice as set forth in our Copyright and DMCA

Policy, which is incorporated into this Agreement. For other intellectual property claims,

please send us a notice at legal@rokfin.com.

 

14. Disclaimers

Rokfin reserves the right to modify the Rokfin Service, terms of use, and other policies.

You are responsible for providing your own access (e.g., computer, mobile device,

Internet connection, etc.) to the Rokfin Service. Rokfin has no obligation to screen or

monitor any content and does not guarantee that any content available on the Rokfin

Service complies with this Agreement or is suitable for all users.

 

Rokfin provides the Rokfin Service on an "as is" and "as available" basis. You therefore

use the Rokfin Service at your own risk. Rokfin expressly disclaims any and all warranties

of any kind, whether express or implied, including, but not limited to the implied warranties

of merchantability, fitness for a particular purpose, non-infringement, and any other

warranty that might arise under any law. Without limiting the foregoing, Rokfin makes no

representations or warranties:

  • That the Rokfin Service will be permitted in your jurisdiction;

  • That the Rokfin Service will be uninterrupted or error-free;

  • Concerning any content submitted by any member;

  • Concerning any third party's use of content that you submit;

  • That any content you submit will be made available on the Rokfin Service or will be stored by Rokfin;

  • That the Rokfin Service will meet your business or professional needs;

  • That Rokfin will continue to support any particular feature of the Rokfin Service; or

  • Concerning sites and resources outside of the Rokfin Service, even if linked to

from the Rokfin Service.

 

To the extent any disclaimer or limitation of liability does not apply, all applicable express,

implied, and statutory warranties will be limited in duration to a period of thirty (30) days

after the date on which you first used the Rokfin Service, and no warranties shall apply

after such period.

 

15. Limitation of Liability

To the fullest extent permitted by law: (i) Rokfin shall not be liable for any direct,

indirect, incidental, special, consequential, or exemplary damages, including but

not limited to damages for loss of profits, goodwill, use, data or other intangible

losses; and (ii) Rokfin's total liability to you shall not exceed the amounts paid by

you to Rokfin over the twelve (12) months preceding your claim(s).

 

16. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the Rokfin Service are

exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions

of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most,

depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct,

or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

Rokfin is not the primary producer of the visual content contained in the Rokfin Service.

 

17. General Provisions

 

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas,

United States of America, without regard to principles of conflicts of law. The Uniform

Commercial Code, the Uniform Computer Information Transaction Act, and the United

Nations Convention of Controls for International Sale of Goods shall not apply.

 

DISPUTES: Any action arising out of or relating to this Agreement or your use of the

Rokfin Service must be commenced in the state or federal courts located in Travis County,

Texas, United States of America (and you consent to the jurisdiction of those courts). In

any such action, Rokfin and you irrevocably waive any right to a trial by jury.

 

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for

convenience only and shall not be used to construe the terms of this Agreement. If any

term of this Agreement is found invalid or unenforceable by any court of competent

jurisdiction, that term will be severed from this Agreement. No failure or delay by Rokfin

in exercising any right hereunder will waive any further exercise of that right. Rokfin's

rights and remedies hereunder are cumulative and not exclusive.

 

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement

is binding upon and shall inure to the benefit of both parties and their respective

successors, heirs, executors, administrators, personal representatives, and permitted

assigns. You may not assign this Agreement without Rokfin's prior written consent. No

third party shall have any rights hereunder.

 

NOTICES: You consent to receive all communications including notices, agreements,

disclosures, or other information from Rokfin electronically. Rokfin may provide all such

communications by email or by posting them on the Rokfin Service. For support-related

inquiries, you may contact us. You may send notices of a legal nature to Rokfin at

Legal@Rokfin.com or the following address:

 

Rokfin, Inc.

5323 Levander Loop

Austin, TX 78702

 

Nothing herein shall limit Rokfin's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of

Service posted by Rokfin on the Rokfin Site or a written amendment signed by an

authorized representative of Rokfin. A revised Terms of Service will be effective as of the

date it is posted on the Rokfin Site.

 

ENTIRE AGREEMENT: This Agreement incorporates the following documents by

reference:

  • Privacy Policy

  • Rokfin Guidelines

  • Copyright and DMCA Policy​
     

This Agreement constitutes the entire understanding between Rokfin and you concerning

the subject matter hereof and supersedes all prior agreements and understandings

regarding the same.
 

END OF DOCUMENT.