The RootyToot social media network, located at rootytoot.app, is a copyrighted work belonging to RootyToot. Certain features of the network may be subject to additional guidelines, terms, or rules, which will be posted on the network in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that govern your use of rootytoot.app. BY LOGGING INTO ROOTYTOOT, YOU ARE AGREEING TO THESE TERMS, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS ROOTYTOOT. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DO NOT LOG IN TO OR USE ROOTYTOOT.

These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

1. Access to RootyToot

Subject to these Terms, RootyToot grants you a non-transferable, non-exclusive, revocable, limited license to access rootytoot.app solely for your own personal, non-commercial use.

1.1 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

• You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit rootytoot.app.

• You shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of rootytoot.app.

• You shall not access rootytoot.app to build a similar or competitive website or social media network.

• Except as expressly stated herein, no part of rootytoot.app may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

• Unless otherwise indicated, any future release, update, or other addition to the functionality of rootytoot.app shall be subject to these Terms. All copyright and other proprietary notices on rootytoot.app must be retained on all copies thereof.

1.2 Modifications and Termination

RootyToot reserves the right to change, suspend, or cease rootytoot.app with or without notice to you. You agree that RootyToot will not be held liable to you or any third party for any change, interruption, or termination of rootytoot.app or any part.

1.3 No Support or Maintenance

You agree that RootyToot will have no obligation to provide you with any support in connection with rootytoot.app.

1.4 Ownership of Intellectual Property

Excluding any User Content that you may provide, you are aware that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in rootytoot.app and its content are owned by RootyToot or RootyToot’s suppliers. These Terms and access to rootytoot.app do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. RootyToot and its suppliers reserve all rights not granted in these Terms.

2. User Content

2.1 Definition of User Content

"User Content" means any and all information and content that a user submits to rootytoot.app. You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by RootyToot. Because you alone are responsible for your User Content, you may expose yourself to liability. RootyToot is not obliged to back up any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

2.2 License Grant

You hereby grant to RootyToot an irreversible, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in rootytoot.app. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

2.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy":

You agree not to use rootytoot.app to collect, upload, transmit, display, or distribute any User Content that:

• Violates any third-party right or any intellectual property or proprietary right.

• Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.

• Is harmful to minors in any way.

• Is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

• Upload, transmit, or distribute to or through rootytoot.app any software intended to damage or alter a computer system or data.

• Send through rootytoot.app unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages.

• Use rootytoot.app to harvest, collect, gather, or assemble information or data regarding other users without their consent.

• Interfere with, disrupt, or create an undue burden on servers or networks connected to rootytoot.app, or violate the regulations, policies, or procedures of such networks.

• Attempt to gain unauthorized access to rootytoot.app, whether through password mining or any other means.

• Harass or interfere with any other user’s use and enjoyment of rootytoot.app.

• Use software or automated agents or scripts to produce multiple accounts on rootytoot.app, or to generate automated searches, requests, or queries to rootytoot.app.

2.4 Enforcement

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

2.5 Feedback

If you provide RootyToot with any feedback or suggestions regarding rootytoot.app, you hereby assign to RootyToot all rights in such Feedback and agree that RootyToot shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. RootyToot will treat any Feedback you provide to RootyToot as non-confidential and non-proprietary.

3. Indemnification

You agree to indemnify and hold RootyToot and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:

• Your use of rootytoot.app.

• Your violation of these Terms.

• Your violation of applicable laws or regulations.

• Your User Content.

RootyToot reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of RootyToot. RootyToot will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

4. Third-Party Links & Ads; Other Users

4.1 Third-Party Links & Ads

RootyToot.app may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of RootyToot, and RootyToot is not responsible for any Third-Party Links & Ads. RootyToot provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

4.2 Other Users

Each RootyToot user is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that RootyToot will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any RootyToot user, we are under no obligation to become involved.

You hereby release and forever discharge RootyToot and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, rootytoot.app. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

5. Cookies and Web Beacons

Like any other website, RootyToot uses ‘cookies’. These cookies are used to store information including visitors’ preferences and the pages on the network that the visitor accessed or visited. The information is used to optimize your experience by customizing our web page content based on your browser type and/or other information.

5.1 Google DoubleClick DART Cookie

Google is one of our third-party vendors. It also uses cookies, known as DART cookies, to serve ads to our users based on their visit to rootytoot.app and other sites on the internet. However, you can opt out of the use of DART cookies by visiting the Google ad and content network Privacy Policy at https://policies.google.com/technologies/ads.

5.2 Our Advertising Partners

Some advertisers on rootytoot.app may use cookies and web beacons. Our advertising partners are listed below, and each has its own Privacy Policy regarding user data. For easier access, we've hyperlinked to their Privacy Policies below.

• Google: https://policies.google.com/technologies/ads

6. Disclaimers

ROOTYTOOT IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND ROOTYTOOT AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS MAKE NO GUARANTEE THAT ROOTYTOOT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ROOTYTOOT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROOTYTOOT OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE ROOTYTOOT, EVEN IF ROOTYTOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF ROOTYTOOT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use rootytoot.app. We may suspend or terminate your rights to use rootytoot.app at any time for any reason at our sole discretion, including for any use of rootytoot.app in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use rootytoot.app will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. RootyToot will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.4, 2 through 2.5, Section 3, and Sections 4 through 10.

9. Copyright Policy

RootyToot respects the intellectual property of others and asks that users of rootytoot.app do the same. In connection with rootytoot.app, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online service who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of rootytoot.app, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature.

• Identification of the copyrighted work(s) that you claim to have been infringed.

• Identification of the material on our services that you claim is infringing and that you request us to remove.

• Sufficient information to permit us to locate such material.

• Your address, telephone number, and email address.

• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

10. General

10.1 Changes to These Terms

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on rootytoot.app. You are responsible for providing us with your most current email address. In the event that the last email address you have provided us is not valid, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on rootytoot.app. These changes will be effective immediately for new users of rootytoot.app. Continued use of rootytoot.app following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with RootyToot and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by RootyToot that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and RootyToot, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to RootyToot should be sent to: [Insert RootyToot's Legal Address here]. After the Notice is received, you and RootyToot may attempt to resolve the claim or dispute informally. If you and RootyToot do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that RootyToot made to you prior to the initiation of arbitration, RootyToot will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or RootyToot pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and RootyToot, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and RootyToot.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and RootyToot in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ROOTYTOOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with RootyToot.

Small Claims Court. Notwithstanding the foregoing, either you or RootyToot may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within [Insert Appropriate County and State, e.g., Netherlands County, California], for such purposes.

RootyToot.app may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from RootyToot, or any products utilizing such data, in violation of the United States export laws or regulations.

RootyToot is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and RootyToot use electronic means, whether you use rootytoot.app or send us emails, or whether RootyToot posts notices on rootytoot.app or communicates with you via email. For contractual purposes, you (a) consent to receive communications from RootyToot in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RootyToot provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of rootytoot.app. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to RootyToot is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without RootyToot’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. RootyToot may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on rootytoot.app are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.