Rosoka Software, Inc. Site Terms of Use

Last Modified: January 1, 2016

Rosoka Software, Inc. ("Rosoka", "we" or "us") welcomes you. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.rosoka.com, including any content, functionality and services offered on or through www.rosoka.com (the "Site"). Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.rosoka.com/content/rosokacom-privacy-policy. incorporated herein by reference. It is therefore important that you read and understand these Terms of Use, all rules and policies relating to Rosoka, and its services or on any other help or other informational page provided on the Site. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Rosoka and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Changes to the Site. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy (http://www.rosoka.com/content/rosokacom-privacy-policy) and you consent to all actions that we take with respect to your information consistent with our Privacy Policy.  

Account Security. From time to time, some portions of the Site may require registration, or require that you provide a user name, password or any other piece of information as part of our security procedures. In such case, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights. The Site and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively, the “Rosoka IP”), is the property of Rosoka, its licensors or other providers of such material. The Rosoka IP is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Your use of any Rosoka IP, except as provided in these Terms of Use, without the written permission of the owner of such Rosoka IP, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Rosoka IP, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Rosoka. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks. The Rosoka name, the terms ROSOKA NLP, ROSOKA NLP GEO, ROSOKA LANGUAGE ID, ROSOKA TOKENIZER, ROSOKA NAME RESOLVER, ROSOKA EXTRACTION, ROSOKA EXTRACTION PLUS, ROSOKA TOOLKIT, ROSOKA ANALYST and ROSOKA CLOUD, and all related names, logos, product and service names, designs and slogans are trademarks of Rosoka or its affiliates or licensors. You must not use such marks without the prior written permission of Rosoka. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Your Responsibilities and Restrictions on Use. The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:

violates any rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
uses technology or other means to access, index frame or link to the Site that is not authorized by us in writing;
impersonates or attempt to impersonate Rosoka, a Rosoka employee, another user of the Site or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
uses the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
uses, transfers, distributes, or disposes of any information contained in the Site in any manner that could compete with the business of Rosoka or any of its affiliates or subsidiaries;
involves accessing the Site through any automated means such as “robots,” “spiders,” “scraper” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
uses any device, software or routine that interferes with the proper working of the Site;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
attacks the Site via a denial-of-service attack or a distributed denial-of-service attack;
inserts any code or manipulates Rosoka services in any way;
conducts data extractions or data mining of the Site;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
otherwise attempts to interfere with the proper working of the Site;
violates these Terms of Use or any guidelines or policies posted by us; or
attempts to do any of the foregoing.

Your Privacy. For information about our policies and practices regarding the collection and use of your personal information, please read our Privacy Policy (http://www.rosoka.com/content/rosokacom-privacy-policy ) The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, (i) you agree that all information you provide, including information on your use of the Site, is governed by our Privacy Policy in effect at the time of your use, (ii) you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Monitoring and Enforcement; Termination. We reserve the right to immediately terminate, suspend or otherwise restrict your account or your use of the Site at any time, without notice or liability, if we determine in our sole discretion that you have breached these Terms of Use, the Privacy Policy, any other agreement with Rosoka, violated any law, rule or regulation, engaged in other inappropriate or illegal conduct, or for any other business reason, including if your use of the Site places an undue burden on our networks or servers. We will not be liable to you for any modification, suspension, or discontinuance of the Site, in accordance with these Terms of Use. However, if we suspend or discontinue your access to the Site or terminate your account due to your violation of these Terms of Use or for any other reason stated in this paragraph, then you will not be eligible for any such credit, discount, or other consideration.
Third Party Destinations. If we provide links to other websites, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. Please carefully read the applicable terms and conditions and privacy policy of any other website before you access such website, you provide any personal information or engage in any transactions with such website. We are not responsible for the content or practices of any website other than the Site, even if the website is operated by a company affiliated or otherwise connected with us. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

Third Party Applications. You may encounter third-party applications (including, without limitation, social networking websites, plug-ins, widgets, software, or other software utilities) (collectively, the “Third Party Applications”) that interact with or are part of the Site. These Third Party Applications may import data related to your account and use of the Site and otherwise gather data from you. These Third Party Applications are provided solely as a convenience to you, and unless noted otherwise by us, we are not responsible for and do not endorse the content of such Third Party Applications. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY US. By using Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information relating to your account, you are consenting to the information about your account being shared; (ii) your interaction with a Third Party Application may cause personal information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN RISK, and you will hold us harmless for the sharing of information relating to your account that results from your use of Third Party Applications. The Third Party Application's terms, privacy policy, and/or any other documentation or materials will govern your use of that Third Party Application. It is possible that you may be able to revoke a Third Party Application’s access to your account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Third Party Application depending on its policies. If you have any questions, concerns, complaints, or claims about the Third Party Applications, you should contact the support or contact personnel of the Third Party Application and not us, unless otherwise indicated by us. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY APPLICATIONS.

Geographic Restrictions. The owner of the Site is based in the state of Virginia in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.  YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ROSOKA NOR ANY PERSON ASSOCIATED WITH ROSOKA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. ANY INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WITHOUT LIMITING THE FOREGOING, NEITHER ROSOKA NOR ANYONE ASSOCIATED WITH ROSOKA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ROSOKA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.  IN NO EVENT WILL ROSOKA, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “ROSOKA PARTIES”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. You agree to defend, indemnify and hold harmless the Rosoka Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States located in the Commonwealth of Virginia or the courts of the Commonwealth of Virginia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability. No waiver by Rosoka of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rosoka to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Copyright Concerns and Notice. It is the policy of Rosoka to respect the intellectual property rights of others. Rosoka does not condone unauthorized reproduction or distribution of copyrighted content. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. If you believe that any portion of the Site or other material provided through the Site, including through a link, infringes your copyright, you should notify us of your infringement claim by emailing us at info@rosoka.com or sending a letter to our mailing address of: Rosoka Software, Inc.; 950 Herndon Pkwy, #280; Herndon, Virginia 20170.  To be effective, the notification must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.  

Contact Us. If you have any questions about these Terms of Use, the Site or the services provided by Rosoka, visit the “Contact Us” page or contact us by e-mail at: info@rosoka.com.