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"). ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, AUDIO, VIDEOS, OR OTHER MATERIALS OR ARRANGEMENT UPLOADED, DOWNLOADED OR APPEARING ON THE ROKFIN SERVICE (COLLECTIVELY REFERRED TO. AS "CONTENT") IS GOVERNED BY THESE TERMS. 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.
1. RAE Clause
In exchange for the licensing of all creators’ Content uploaded to the Rokfin platform ("Creators")
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
transmits 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's 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 RAE Mint ("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 user that a Creator acquires or with user from other Creators. If users 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 user 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 users 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 user(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
• 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 are responsible for your use of the Rokfin Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Rokfin Service or obtained by you through the Rokfin Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Rokfin Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Explicitly, but not limited to, Content you may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work 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,
• 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.
• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.
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
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
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 email@example.com.
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
or the following address:
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
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.