Last updated: November 10, 2015
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.rakkoon.com website and the RAKKOON mobile application (together, or individually, the "Service") operated by RAKKOON (“RAKKOON”, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. You may opt out of receiving any, or all, communications from us that are not related to your account or use of our service by following the unsubscribe link or instructions provided in any communication RAKKOON sends.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are typically set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or RAKKOON cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the RAKKOON customer support team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after it starts if you do not want it to renew.
A valid payment method, including credit card, is required to process the payment for your Subscription. You agree to provide RAKKOON with accurate and complete billing information including full name, street address, city, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize RAKKOON to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail, RAKKOON will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
RAKKOON may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by RAKKOON until the Free Trial has expired. On the last day of the Free Trial period, unless you have canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you selected and for which you entered billing information.
At any time and without notice, RAKKOON reserves the right to (i) modify the terms and conditions of the Free Trial or (ii) cancel such Free Trial.
You may be invited to and elect to use a beta or unreleased version of the Service (Beta). If you elect to use a Beta, you understand and acknowledge that the Beta is made available on an as-is and as-available basis for the purpose of providing RAKKOON with feedback on the quality and usability of the Service. The Beta may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. RAKKOON strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Beta. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, RAKKOON is not obligated to provide any maintenance, technical, or other support for the Beta.
RAKKOON reserves the right to modify, suspend, or stop the Beta or any part thereof, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, RAKKOON may provide notice of any such changes to the Beta by posting them on its website or via the Beta application. You agree that RAKKOON shall not be liable to you or any third party for any modification or cessation of the Beta. You acknowledge that RAKKOON has no express or implied obligation to provide or continue to provide the Beta or any part thereof now or in the future. RAKKOON may at any time, upon prior notice as required by applicable law, institute charges or fees for the Beta.
As part of using the Beta, RAKKOON will provide you with the opportunity to submit comments, suggestions, or other feedback from your use of the Beta. You agree to report to RAKKOON, as soon as practical, any perceived defect in the Beta and that, in the absence of a separate written agreement to the contrary, RAKKOON will be free to use any feedback you provide for any purpose.
RAKKOON may impose certain limitations on the use of the Beta, including, but not limited to, allocating certain number of users or devices associated with an account, levels of capacity used by your account, imposing expiration dates on Beta software, and removing user content from the Beta. You agree to use the Beta only for purposes as permitted by this agreement and any applicable law, regulation, or generally accepted practice. RAKKOON reserves the right to modify or impose any limitations on the use of the Beta at any time, with or without notice to you.
Fees paid by you are non-refundable, except as provided in this agreement or when required by law.
RAKKOON, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
RAKKOON will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
RAKKOON has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of RAKKOON or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain without express advance written permission from us.
While using the Service, you may be asked to be interviewed, participate in focus groups, complete surveys, submit videos, or otherwise provide input or feedback on the Service and topics related to the Service. By choosing to participate in such activities, you grant RAKKOON permission to photograph you and any users of your account (Participants) and to record Participants’ voice, performances, poses, acts, plays, and appearances, and use the Participants’ pictures, photographs, silhouettes, videos, and other reproductions of their physical likenesses, sounds, and written words (“Content”) as part of RAKKOON’s promotional activities (“the Activities”). You agree to the unlimited distribution, advertising, promotion, exhibition, and exploitation of this Content by any method or device.
You agree that all Participants will not assert nor maintain against RAKKOON or RAKKOON’s successors, assigns, and licensees any claim, action, suit, or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with RAKKOON’s authorized use of Participants’ physical likenesses and sounds in RAKKOON’s Activities as herein provided. You hereby release RAKKOON, RAKKOON’s successors, assigns and licensees, and each of them from and against any and all claims, liabilities, demands, actions, causes of action(s), costs, and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, that you ever had, now have, or may, or shall hereafter have by reason, matter, cause or thing arising out of RAKKOON’s use as herein provided.
You assert that Participants understand and acknowledge that they will not be compensated for Content appearing in the Activities.
When you create an account with us, you guarantee that you are above the age of 18, are the parent or legal guardian of any minors accessing the Service under your account, and that the information you provide us is accurate, complete, and current at all times. None of the Services are intended for use by individuals less than 18 years old without the approval and consent of that individual’s parent or legal guardian. If you are under 18 years old, you must ask your parent or legal guardian to set up an account with RAKKOON; you do not have the power to form a contract with RAKKOON, and you may not use the Service without your parent’s or legal guardian’s permission. We strongly recommend that parents and guardians directly supervise use of the Service by minors. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You may not use the Service if you are barred under any applicable laws from doing so. It is your responsibility to only use the Service in accordance with any and all applicable laws in your jurisdiction. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from RAKKOON.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, mobile device(s), and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. This responsibility applies to the use of the Service by all users accessing the Service under your account (“Users”). You are responsible for the acts and omissions of all Users. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to impose limits on the bandwidth or the data storage capacity available to you. If we do so, you agree that you will comply with these limits. If you exceed these limits or use a disproportionate share of the available bandwidth, we may limit or “throttle” your bandwidth or capacity usage or impose traffic management procedures.
You may not circumvent any limits that we place on your use of the Service.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of RAKKOON and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RAKKOON.
Our Service may contain links to third party web sites or services that are not owned or controlled by RAKKOON.
RAKKOON has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that RAKKOON shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If we decide that the breach can be remedied without suspending your access to the Service, we will request you to remedy the breach within the time period that we specify. If the breach is not remedied within that time period, we reserve the right to suspend or terminate your access to the Service.
If RAKKOON stops providing the Service to you because you repeatedly or egregiously breach these Terms, RAKKOON may take measures to prevent the further use of the Service by you, including blocking your IP address, telephone number, or other account-specific identifier.
If you wish to terminate your account, you may simply discontinue using the Service. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
RAKKOON may terminate your account and delete any content contained in it if there is no account activity (such as a log-in event or payment) at our sole discretion. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to take appropriate action so that your account remains active.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless RAKKOON and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.
In no event shall RAKKOON, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF RAKKOON, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO RAKKOON FOR USE OF THE SERVICE AT ISSUE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
RAKKOON, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right at any time and without notice to investigate any suspected breach of the Terms or misuse of our Service. We may block access to user content or remove it from the Service if we have reasonable grounds to suspect that it breaches this agreement. You acknowledge that,to ensure compliance with legal obligations, RAKKOON may be required to review content available on the Service to determine whether it violates applicable law or this agreement. We may also modify, prevent access to, delete, or refuse to display content that we believe, in our sole discretion, violates the law or this agreement. Otherwise, RAKKOON has no obligation to monitor or review any content submitted to our Service.
We may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators, and other appropriate third parties to help with the investigation and prosecution of illegal conduct. This cooperation may include disclosing information and data about users and the Service to them and providing them with information about your use of the Services when we are legally required to do so.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
RAKKOON constantly changes and improves the Services. RAKKOON may add, alter, or remove functionality from a Service at any time without prior notice. RAKKOON may also limit, suspend, or discontinue a Service at its discretion. If RAKKOON discontinues a Service, we will give you reasonable advance notice. RAKKOON may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
You may not assign these Terms without RAKKOON’s prior written consent, which may be withheld in RAKKOON’s sole discretion. RAKKOON may assign these Terms at any time without notice to you.
These Terms constitute the entire agreement between you and RAKKOON, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
If you have any questions about these Terms, please contact us.