TERMS & CONDITIONS

Boring, but important, our Terms.

Last Revised: August 30th, 2013

THE SITE 99ROOTS.COM IS RUN AND MAINTAINED BY 99ROOTS GMBH.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY 99ROOTS GMBH (’99ROOTS’, 'US', 'WE'). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE WWW.99ROOTS.COM (‘99ROOTS.COM’) AND THE SERVICES OWNED AND OPERATED BY 99ROOTS.

BY USING THE SITE OR SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, PLEASE DO NOT USE THE PROPERTIES.

 

Preamble

99Roots is based in Halstenbek / Germany (DE).

The use of this site is limited to individuals who must be at least 16 years old. By ticking the box next to the "I have read and I accept the Terms and Conditions" text on the Registration Page, and submitting the form, you accept and agree to these terms and conditions. Every time you access this service you confirm your agreement with the terms and conditions. These terms and conditions rule the relationship between 99Roots GmbH as provider, registered users and third parties or partners of 99Roots GmbH.

Changes to the Properties and the Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without further notice. If we do this, we will post the changes to the Terms of Use on this page or by sending you an email and will indicate the effective date of the Terms of Use at the top of the page.

It is important for you to read these Terms of Use regularly to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the website constitutes your acceptance of the new Terms of Use.

General Terms

There is no general right to get access to the platform of 99roots.com and the usage is at one’s own risk. The user is fully reliable for any damage resulting in the use of the system.

As a condition of use, you promise not to use the service for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the service.

For purposes of the Terms of Use, the term “content” includes, without limitation, any user submissions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by 99Roots or its partners on or through the service.

Services

Our website 99roots.com is a social network and thus contributes to the communication of our members to each other. For this communication (with all features and functions provided for it), we provide the technical platform. The basic services of the website are for free.

99Roots may offer additional services or products or modify or revise any of the services at our discretion, and this agreement will apply to all additional services or products and all modified or revised services unless otherwise indicated. 99Roots also reserves the right to cease offering any of the services. You agree that 99Roots shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the services.

Software

Any software that we make available for download or use from the Website and/or our servers is the intellectual property of 99Roots or its licensors or suppliers. Any such software shall be considered a ‘service’ or one of the ‘properties’ as such terms are defined and used herein. Your use of the software may be governed by the terms of an end user license agreement that may accompany or that may be included with the software. Please carefully read any license agreement to determine the full extent of the terms and conditions governing the use of such software.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, redistribution or other exploitation is expressly prohibited, unless it is expressly permitted by the license agreement applicable to such software.

Competitions

99Roots may decide to run competitions, sweepstakes, promotions, prize draws and other opportunities on the website and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the website, alongside details of the specific competition, sweepstake, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.

Newsletter

We reserve the right to send out a newsletter at regular intervals as well as messages via the messaging system of our website. You can unsubscribe from the newsletter and the messages at any time by editing your profile-settings.

Registration

To use 99roots.com you have to become a member by registering. Registration is free, but 99Roots reserves the right to implement certain premium services which are liable to pay.

99Roots reserves the right to refuse registration of, or to cancel or disable any user account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Website or other properties using your name, username or password in whole or in part. You shall never use another user’s account without such other user’s expressed permission. You will immediately notify 99Roots in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

When you provide information to the website, you agree to provide only true, accurate, current and complete information.

For registration the user needs a valid email address. The username can be chosen individual. Fictional names are allowed as well, but it is not allowed to use the name of someone else.

To avoid any misuse the user`s registration process is not finished unless a confirmation email sent by 99roots.com has been approved.

As soon as the registration process is finished the agreement between the user and 99Roots regarding the use of the website and services is concluded.

Further profile settings can be made by the user after the registration on the platform. For several services some mandatory and possibly privacy-sensible fields need to be filled properly. The user can set the visibility of such mandatory and privacy-sensible fields in his profile settings to be visible to anyone, only approved contacts or no one.

Identification of users in the internet is not possible in any case. Therefore 99Roots does not guarantee the validity of a given identification. Any user has to verify the identification of another user by itself.

Intellectual Property Ownership & License

The past, present and future content of the website and services, including, without limitation, software graphics, text, images, audio, videos, designs, databases, advertising copy, and the trademarks, logos, domain names, trade names and service marks; any and all copyright material (including source and object code); and all other materials related to the properties, including without limitation, the "look and feel" of the website are protected by applicable copyrights, trademark rights, database rights and other proprietary rights and are the property of 99Roots. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by 99Roots, no rights (either by implication, estoppel or otherwise) in or to the content are granted to you.

The copying, reproduction, re-arrangement, sale, renting, distribution, redistribution, modification or adaptation, downloading, exchanging, creating of derivative works, uploading, posting, transmitting or publication, directly or indirectly, of the content, including the removal or alteration of advertising, is strictly prohibited. You agree to abide by any additional notices or restrictions in respect of the properties contained in any part of the website. Exploiting any part of the services for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from 99Roots or the applicable property rights holder.

Subject to your strict compliance with these Terms of Use, 99Roots grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

submit or upload pictures and videos and other content to the website strictly as permitted in accordance with these Terms of Use and any other terms posted on the website;

Provided that you:

a)retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original content or any permitted copy you may make of the content;

b)do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the object code of the website or services (including, without limitation, software, HTML, JavaScript, or other code); to reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information;

c)do not insert any code, product or material to manipulate the content in any way that affects any user's experience;

d)do not copy or seek to copy or “rip” any audio and/or audiovisual content from the website or any part of the Service;

e)do not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise exploit the content, except as under these Terms of Use.

User Content

Although you understand and acknowledge that 99Roots has no duty to prescreen, review, control, monitor or edit the user content posted by users and is not liable for user content that is provided by others, you agree that 99Roots may, at its sole discretion, review, edit, refuse to accept or delete user content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any user content you post or store on the services at your sole cost and expense.

99Roots claims no ownership or control over your user content, except as otherwise specifically provided herein, on the services or in a separate agreement. By submitting or posting user content to the website you automatically grant, and you represent and warrant that you have the right to grant, 99Roots, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such user content furnished by you and to prepare derivative works of, or incorporate into other works, such information and user content, and to grant and authorize sublicenses of the foregoing in any medium.

Restrictions & Safety

Users are not allowed to affect the operability of 99roots.com by technical activities such as for example the execution of scripts, hacking, distribution of any malware etc.

It is not allowed to distribute any discriminating, offending, racist, pornographic, violent or other illegal data or statements on the 99roots.com platform.

Users are not allowed to distribute any illegal advertisements, political statements, mass mailings, chain letters or illegal contests.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, including without limitation any user submission, that:

-you know is false, misleading, untruthful or inaccurate

-is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

-constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (‘spamming’);

-involves commercial activities and/or sales without 99Roots’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

-contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain

unauthorized access to any system, data, password or other information of 99Roots or any third party.

We do our best to keep 99roots.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

-You will not send or otherwise post unauthorized commercial communications (such as spam) on 99roots.com

-You will not collect users’ content or information, or otherwise access 99roots.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

-You will not engage in unlawful multi-level marketing, such as a pyramid schemes, on 99roots.com.

-You will not upload viruses or other malicious code;

-You will not solicit login information or access an account belonging to someone else;

-You will not bully, intimidate, or harass any user.

99Roots has no obligation to monitor the site, service, content, or user submissions. However, 99Roots reserves the right to remove, edit or modify any content in its sole discretion, including without limitation any user submissions and to remove or block any user submissions from the service.

99Roots is not responsible or reliable for the integrity of the data or any information embedded on or by third party websites.

It’s forbidden to collect data of other users without their explicit approval. The same rules are applicable for usage of email addresses for commercial usage or undesired advertisement.

99Roots is not liable for any failure, forbearance, time out and loss of data during operation. 99Roots is not liable for technical failure and other problems of the systems such as servers, providers based on technical problems and traffic jams.

On 99roots.com one will find offers and advertisement of third party products. These products are marked or identified with an advice, such as “advertisement”, “commercial“ or „presented by“. If there is any contractual activity resulting, the contract is exclusively concluded with the offering third party.

99Roots has the right to make user data accessible to such third parties, as long it is necessary for the technical execution of the concluded agreement whereby privacy will be strictly respected.

Stalking and Mobbing

If another member makes it clear to you that it not or no longer wants to be contacted by you, this wish must be respected absolutely. If we become aware of stalking cases, we will take appropriate action. This may also mean that we inform law enforcement authorities.

We also don’t want bullying of any kind and form on our website. No member shall harass or hurt other members or third parties mentally or emotionally. 99Roots reserves adequate counter-measures if we become aware of such procedures.

Third Party Websites

The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the website. When you access third party websites, you do so at your own risk.

These other websites are not under 99Roots’s control, and you acknowledge that 99Roots is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

The inclusion of any such link does not imply endorsement by 99Roots or any association with its operators. You further acknowledge and agree that 99Roots 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

Share Links

There may be a share link button on 99roots.com soon. We give you permission to use this share link button so that users can post links or content from other websites on 99roots.com.

You give 99Roots permission to use and allow others to use such links and content on 99roots.com.

User Account Credentials

The password chosen during registration has to be handled confidential and is not allowed to be passed to third parties. Users are not allowed to make 99roots.com accessible to any third party with foreign credentials. If there are any damages provoked through a foreign account, the owner of the account is fully liable.

Users must inform 99Roots, if there is any indication of infringements of these terms. The user is fully reliable to backup the content or other contribution he uploads on 99roots.com.

Has a user decided to delete his account, 99Roots has the right to delete all his contents without further notification.

Indemnification

You shall defend, indemnify, and hold harmless 99Roots, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or access to, the website, service, content or otherwise from your user submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Infringement Penalties

The strict observance of these terms is important to hold 99roots.com fully operative. Therefore 99Roots can impose sanctions if concrete evidence suggests that a user is infringing legal code, third party rights, offend against good manners or these terms.

Furthermore 99Roots can block or even delete incriminating content without any preannouncement.

Choosing the sanction, 99Roots respects the interests of the user granting the right to be heard.

Following sanctions are at 99Rootss disposal: Deleting of content, admonishment of the user, temporary or infinite blocking or cancelation of the users account.

Users with cancelled accounts are not allowed to re-register on 99roots.com anymore.

Copyright

Users uploading copyrighted content such as pictures, text and videos explicitly confirm to be the legal copyright holder of this content. 99Roots cannot control the content and is never liable for illegally uploaded content.

The user is responsible to check if any rights of third parties could be infringed by the uploaded content itself, such as copyrights, trademarks or personality rights in pictures or videos. This rule is to be especially respected for pictures of recognizable persons etc.

99Roots keeps the right, to remove such content or links without any preannouncement, insofar as concrete clues are given, that the publication of the content infringes legal codes or these terms.

If any third party makes 99Roots responsible for any use of content, the user is liable for any damage. It’s the users duty to immediately inform 99Roots and provide with all relevant information in case third parties make 99Roots responsible.

The user must indemnify and hold 99Roots harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Further compensation claims against the user keep untouched of the mentioned regulation.

All content made available on 99roots.com must not be copied and made available without the consent of 99Roots.

Disclaimers/Limitation of Liability

Without limitation of anything else set forth in these terms of use, you understand and agree that 99Roots further limits its liability in connection with your use of the properties as set forth below:

Under no circumstances shall 99Roots, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to

(1) the services, the content, or your upload information;

(2) the use of, inability to use, or performance of the services or any of the content or features thereon;

(3) any action taken in connection with an investigation by 99Roots or law enforcement authorities regarding your use of the services or content;

(4) any action taken in connection with copyright owners;

(5) any errors or omissions in the services’ technical operation, even if foreseeable or even if 99Roots has been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the services). Nothing in these terms of use limits or excludes 99Roots’s liability for: (a) death or personal injury caused by its proven negligence; (b) the tort of deceit; or (c) any liability which cannot be limited or excluded by law.

If any of these terms of use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms shall survive and continue to be binding and enforceable.

99Roots is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

Your access to and use of these services are at your risk. If you are dissatisfied with the properties or any of the content, your sole and exclusive remedy is to discontinue accessing and using the properties or the content.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of 99Roots's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product or service owned or controlled by 99Roots and/or its parents, subsidiaries, and/or affiliates. This includes also your upload information. Furthermore you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any 99Roots website, services, properties, product, program, or audio/visual content or your upload information or any activities or actions related thereto.

Miscellaneous

Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the website or service are incorporated by this reference into these Terms of Use for all purposes.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the properties and the content, including, without limitation, those governing your transmission or use of any software or data.

These Terms of Use and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the properties, the content and your upload information and supersedes any and all other prior written or oral agreements between them. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. You agree that these Terms of Use will not be construed against 99Roots by virtue of having drafted these Terms of Use. No waiver on the part of 99Roots of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of 99Roots.

Termination

99Roots may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

If you wish to terminate your account, you may do so by cancelling your account in the account settings. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

International Use & Legal Venue

99Roots makes no representation that the content is appropriate or available for use in locations outside of Germany, and accessing the service is prohibited from territories where such content is illegal. If you access the service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

You will resolve any claim, cause of action or dispute against 99Roots in court at the headquarter of 99Roots in Hamburg, Germany. The laws of Germany will govern this statement, as well as any claim that might arise between you and 99Roots, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Germany for the purpose of litigating all such claims.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.

Language of Agreement

The language of this agreement is English. You agree that the translation of the English version of this Agreement is provided for your convenience only and that the English language version of this agreement will govern your relationship with 99Roots. If there is any contradiction between what the English language version of this agreement says and what a translation says, then the English language version will take precedence.