ROIL Terms of Service

Last updated April 21, 2021. v1.00. Changes will be logged.

These terms of service (the “Terms”) are the legal framework that governs your rights and obligations in using the ROIL mobile applications and in accessing roil.com (including its subdomains, such as info.roil.com, forum.roil.com, and www.roil.com) (collectively, the “Service”). They are the sole agreement between Roil Technology, LLC, (“ROIL”, “we,” “us”) a Florida (USA) limited liability company, located at 1300 N. Westshore Blvd., Ste. 220, Tampa, Florida 33607, yourself, and other users of the Service. By using the Service, and/or registering for an account on it you agree to these terms and understand that they are binding. General information about ROIL’s Service can be found on our Understanding ROIL page. ROIL also adheres to a privacy policy, which is hereby incorporated by reference.

Feeds

ROIL allows you to browse through content (or listings of content) received by ROIL from outside data sources, such as RSS feeds. These materials are provided “as is,” and ROIL makes no warranties whatsoever as to information it receives from these third-party information content providers, or as to the content of links provided to ROIL by them. Without limiting the foregoing, ROIL specifically disclaims any warranties of accuracy, merchantability, functionality, reliability, noninfringement, age-appropriateness, or inoffensiveness. Because ROIL does not control the content delivered to it by feeds, ROIL must parse these inputs. This parsing involves modifications, such as removal of html, for purposes including improved user presentation and prevention of cyber-security vulnerabilities (such as XSS attacks). ROIL makes no warranty that this parsing will be correct. Further, ROIL makes no warranties as to frequent or consistent fetching of data and/or complete or permanent storage. ROIL may facilitate your access to content hosted elsewhere, for example by opening a source in a web browser, playing streaming audio or video in an electronic media player, or presenting image links in embedded fashion. You should not take such access facilitation to imply that the accessed content is hosted by, or licensed to, ROIL.

If you control a feed (such as an RSS feed), it is possible for you to post content to ROIL via that feed. You agree to not post, by way of feeds or otherwise, any content to ROIL that infringes upon the rights of another, including copyright and trademark rights. This includes your agreement to not provide ROIL with URLs that direct users to content hosted on third-party computers in violation of another’s rights. To the extent that you transmit copyright attribution information through a feed, you agree to transmit it in the manner prescribed in the feed-format specification or, if none, through a ‘copyright’ attribute, as per the RSS2.0 specification.

Data you provide through a Feed under your control constitutes “User Provided Content,” defined below. Not Safe For Work (“NSFW”) content in your feed should be marked, per the standard feed notation, <itunes:explicit>true</itunes:explicit>. NSFW content is defined as that containing nudity, sexual content, profanity, or other content not generally considered suitable for formal environments.

Claiming Feeds

ROIL provides a process for you to demonstrate control over a feed, and thereby obtain certain privileges over that feed in ROIL’s system. You agree to not go through the feed-claim process unless you are (or are legally entitled to act as) the legal owner of the feed. You agree to not use your privileged control of the feed to make any changes to the feed unless you have the full legal authority to make them. User customizations may result in ROIL changing feed appearances, including causing certain attributes to be displayed or not displayed. If another user subsequently claims the feed, and demonstrates their control over it, the new claim of control may supersede your claim of control. A user with a verified claim over a feed which you are following will have the power to transfer you, as a follower, to an alternative feed under that user’s control. This will cause you to unfollow one feed and follow the other.

Among the customizations you may make to a Feed once you have confirmed a claim to it are: (1) you may direct ROIL to exclude the feed from its Service, or (2) you may choose whether or not to license and direct ROIL to use an enhanced display for the Feed. UPON FIRST MANAGING YOUR CLAIMED FEED, IT WILL BE DEFAULTED INTO AN ENHANCED DISPLAY, THOUGH YOU MAY OPT-OUT BY ADJUSTING THE “DISPLAY STYLE” SETTING. ROIL’s behavior for feeds that do not use Enhanced display is to redact the Feed data stored in ROIL’s user-accessible database to only limited information such as title, publication date, author name, and link URL. By using an enhanced display setting, you license and direct ROIL to deviate from this default behavior, and to store additional data in its user-accessible database.

By using the “Enhanced” display setting for a Feed under your control, you (a) direct ROIL to store (including potential modification/redaction for storage, at ROIL’s discretion), in ROIL’s user-accessible database, any and all data delivered through the Feed, (b) grant to ROIL a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use the content of the feed (including reproduction, distribution, display, performance, and creation of derivative works (including abridgement and/or the modification of parsed feed content discussed above)) in connection with ROIL’s service and its business, including business promotion, and (c) verify that you possess and control all intellectual property rights (including copyrights) necessary to grant ROIL the foregoing. As to image URIs conveyed through the Feed, the preceding sentence applies to the image/s accessible through those URIs, as if the image/s, themselves, had been transmitted through the Feed, except that, as to clause (a), you are advised that ROIL’s current functionality is to store only the URIs (and display their images in embedded fashion), and not the images themselves, themselves. “ROIL’s user-accessible database” refers to the database/s (including any replicas or sharded storage) from which ROIL serves to users, through its Service, representations of data obtained by ROIL from Feeds.

For feeds cooresponding to YouTube.com channels, an additional “Enhanced w/ embed” display style is available (and is the default setting). This display style is like the “Enhanced” setting (described above), but also licenses and directs ROIL to play videos of that feed within ROIL, using an embedded video player.

Fandoms

The Service enables users to create and administer Fandoms, which are collections of Feeds, saved Items, and even other Fandoms. Fandoms can be public or private, and can be saved/joined by Users. It is permitted for a Fandom to receive payment from third parties, in exchange for placing content into the Fandom, and therefore causing it to be seen by Users. If a Fandom receives such payment, the Fandom owner/s must designate in the Fandom configuration that the Fandom “Includes Promoted Content,” and those placing such content into the Fandom must mark it as “Promoted” (using the ‘…’ button), in order to disclose its promoted nature to Users.

Every Fandom will be tagged with the usernname of one its owners, which will display as “By [username]”, or the like–notwithstanding that other users who have been granted privileged roles may make changes to the Fandom.

Users arranging Fandoms recognize that others may copy and reuse (in whole or part) their selection, coordination, or arrangement of content, and they waive any claim against the other for doing so.

The Owners of Fandoms that allow content not suitable for children must mark such Fandoms as “NSFW” in the Fandom configuration. As used in these Terms, the User holding the Home role in a Fandom is considered a Fandom Owner. See also, below, Community Standards.

Use of the Service

In order to use the Services, you will need to abide by our eligibility requirements. This means that: (i) You are an adult, or if you are a minor at or above the Minimum Age (defined in this paragraph) you obtained permission from your legal guardian and both of you agree to these Terms. If you are under the Minimum Age, you cannot register for or use the Service. If you are a legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to these Terms and responsible for your child’s activity on the Service. For users in the European Union, the Minimum age is 16 years; otherwise it is 13 years. (ii) If you are a legal entity (rather than an individual), then you obtained all required consents and approvals to enter into these Terms and the person agreeing these Terms is your designated agent. (iii) You are not a resident of any proscribed state by the US State Department. (iv) You are not a member of a terror organization.

Our policy is that each user should have their own account. Sharing your login credentials means that you are providing another person control over your contractual rights and over your relationship with us. Therefore, shared accounts are prohibited. If you are a legal entity, you may share the login credentials between different employees or agents, but you assume full liability for their actions. You agree to secure your account by choosing a strong password, not sharing that password with others, and not reusing it on different accounts.

ROIL provides the Service free of charge, although paid tiers of service may be offered in the future. ROIL may show you advertisements, and may facilitate your access to third-party content which, itself, contains advertisements with which ROIL has no affiliation, and for which ROIL assumes no responsibility. Advertisements inserted by ROIL will be clearly marked as such, but ROIL makes no claims or warranties as to advertisements contained in outside content to which ROIL facilitates your access. ROIL retains some data relating to your use of the Service, in accordance with our privacy policy.

Through the Service, you may interact with content hosted on the Service, as well as content that the Service links you to, but that is hosted on another computer, unaffiliated with the Service. Such content may include copyrighted material, trademarks, service marks or logos. Access to such content or intellectual property through the Service should not be taken to imply that the Service as an affiliation with, ownership of, or license to this intellectual property. Content is the responsibility of the person or entity that provides it to the Service. ROIL is under no obligation to host or serve content. You may use the Service to access content solely for your personal, non-commercial use. Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other content posted by others or the Service.

Content you provide to the Service (“User Provided Content”) is subject to the conditions stated in this paragraph (and other conditions stated in these Terms). You must only provide content that complies with these Terms and the law. You must not provide content in violation of any third-party intellectual property rights. You must remove your content if, at any time, you no longer have the rights required by these Terms. You are legally responsible for the content you provide. By providing content, you grant ROIL, a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service (which may involve content modifications made to facilitate the Service’s presentation of the content to users) and ROIL’s (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service. You also grant ROIL a publicity license to use your name, image, information and likeness in relation to the content you post. To each other user of the Service, you grant a non-exclusive, royalty-free, worldwide license to access the content through the Service. You do not grant any rights or permissions for a user to make use of your content independent of the Service. In the event that, through the Service, you remove, or disable access to, your User Provided Content, ROIL shall have a commercially reasonable time to cease allowing access to the content by users, and you understand that ROIL may permanently retain copies of your content, but not display or transmit it to users. Your providing content to ROIL shall not give rise to any employer/employee relationship between yourself and ROIL. You may choose to tag User Provided Content with Hashtags in ROIL’s system. ROIL reserves the right to modify or consolidate these Hashtags.

Other users will have some visibility regarding your account, such as their ability to review your comments, ascertain whether a user of your username exists, and ascertain whether a given email address has been used used for a user account.

ROIL tabulates and displays user participation points (known in our system as “ripples”). ROIL reserves the rights to adjust these scores as necessary, in our sole discretion. For example, to refine the calculation formula, or avert users artificially inflating ripples by gaming the system.

Community Standards

ROIL believes strongly in the value of free speech. We are guided by the philosophy of John Stewart Mill, which observes that censorship harms not only the person who is silenced, but also the entire community by depriving them of the right to hear alternative viewpoints, and to gain insight into the thought processes of their peers. Nonetheless, ROIL mandates the following community guidelines: (1) no illegal content, (2) no sexually suggestive content depicting minors, (3) no pornographic content, (3) no threats, bullying, harassment, explicit racism, or incitement to violence, (4) no disclosure of personal information of another person, (5) no deceptively purporting to be a specific individual who you are not, and (6) no solicitation or facilitation of illegal activity. Community standards judgements are in ROIL’s sole discretion.

When participating in Fandoms that are not designated “NSFW” Users will refrain from content unsuitable for children, such as profanity and nudity. This applies to comments, as well as to third-party content linked to by the Fandom. When a Fandom adds a Feed, it may be impractical to review all content in that feed, but Fandom Owners are expected to exercise reasonable diligence.

Comments Sections

ROIL’s comments section is built such that comments take place within the context of Fandoms. Users holding admin or greater authorizations over a Fandom have the power to moderate the Fandom’s comment section, including removing comments, banning users, and locking discussions. Fandom admins have the power to apply restrictions, in addition to ROIL’s Community Standards, in their moderation of Fandom comments.

Forum

ROIL hosts a forum at https://forum.roil.com. Material provided by users in the forum is User Provided Content, subject to the terms stated herein.

Changes to the Service, and to these Terms

ROIL has the right to alter or discontinue the Service, or any part of it, and will incur no liability to you in doing so. ROIL may also modify these Terms. Such modifications will only apply going forward. If you do not agree to the modified terms, you should remove your User Provided Content, and discontinue your use of the Service.

Downloadable Software

If downloadable software is provided as part of the Service (such as mobile applications), and unless that software is governed by additional terms which provide a license, ROIL gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use that software for the sole purpose of enabling you to use the Service as provided in these Terms. You shall not copy, modify, distribute, sell, or lease any part of the software, or reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have ROIL’s written permission. By using that software, you give permission for that software to update automatically on your device once a new version or feature is available. Apart from where specifically licensed, you are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the Service.

Restrictions to Your Use of the Service

Unless otherwise authorized in these Terms, or with prior written consent from ROIL and/or other relevant rights holder, you agree to not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any content on it. You agree to not use automated means to access the Service without ROIL’s prior written approval. You agree to not use the Service for other than personal, non-commercial purposes, and not for public display of content. You agree to not interfere with any part of the Service, including disabling it, fraudulently engaging with it, or circumventing its restrictions or security features. You agree to not create a false impression of user engagement, including by inflating views, likes, dislikes, Fandoms saved, or additions to Fandoms, or by paying any party to create such a false impression. You agree to not misuse use any of the Service’s flagging, reporting or dispute-resolution systems.

DMCA Compliance, Notice, and Takedown

In accordance with 17 USC 512(i), ROIL informs you that it will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat copyright infringer.

We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When an effective DMCA notification is received, the online service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a Counternotification may be filed. On receiving a valid Counternotification, we generally restore the content in question, unless we receive notice from the DMCA Notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our privacy policy does not protect any information contained in any DMCA notification.

If you believe that any content available through the Service infringes upon your rights, send a DMCA-compliant notification (see 17 U.S.C. Section 512 for further detail) to notices@roil.com. Upon receiving a DMCA complaint, we will follow the process set forth in the DMCA, which may involves deleting or restoring the content. Please note that our moderation, restoration or deletion of content does not mean that we are liable for the content in any form or under any law. Electronically fill out and submit this form to make a notification under DMCA 512(c).

By law, DMCA-compliant notifications require: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. The best way to identify content available on the Service through the ROIL Mobile applications, or at https://roil.com or https://www.roil.com is typically to access its “Details” pane, by clicking the item’s show-more button (rendered as an ellipses (…)), and selecting the “Details” option (which may be within a “more” sub-menu). (In the Roundup view of comments, select the comment first.) This will show a pop-up alert, which includes the item’s unique id within the Service. The best way to identify content available at https://forum.roil.com is to click on the piece of content, and provide in your notification (a) the URL showing in the web browser, (b) a textual copy of the content, and (c) a screenshot of the content. (4) Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and, if available, an electronic mail address at which you (the complaining party) may be contacted. (5) A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (7) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. (This item 7 is optional, and is not required by the DMCA. However, providing this information may preempt any potential need for follow-up questions.)

Send the DMCA Notice to our Designated Agent at:

Roil Technology, LLC
Attn: Designated Copyright Agent
Jonathan Levy
1300 N. Westshore Blvd., Ste. 220
Tampa FL 33607
notices@roil.com

Any person who knowingly materially misrepresents that material or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees incurred by ROIL in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

Other Notifications

You may find the need to notify ROIL as to other issues, such as violation of Community Standards, or intellectual property violations other than those covered by DMCA 512(c). To do so, you should use this form, and the Designated Agent contact information above. Notifications (whether DMCA or other) are not confidential. The notification procedures under this section are not intended for, and may not be used for, notice of process for any legal proceeding. Legal-proceeding notices should be furnished as provided in applicable law.

Miscellaneous

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND UNDER YOUR OWN LIABILITY. ROIL MAKES NO WARRANTIES ABOUT THE SERVICE. THIS DISCLAIMER INCLUDES ANY WARRANTIES ABOUT: (A) CONTENT PROVIDED BY OR ACCESSED THROUGH THE SERVICE; (B) ACCESSABILITY, ACCURACY, RELIABILITY, AVAILABILITY, OR QUALITY OF ANY ASPECT OF THE SERVICE; OR (C) ROIL’S ENFORCEMENT, OR LACK OF ENFORCEMENT, OF ITS COMMUNITY STANDARDS.

ROIL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES (WHETHER THROUGH A CLAIM UNDER WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORIES, AND WHETHER THE CLAIMED DAMAGES ARE DIRECT, CONSEQUENTIAL, PUNITIVE, EXPECTANCY, RESTITUTIONARY OR OTHER) ARISING FROM YOUR USE OF, OR RELATIONSHIP TO, THE SERVICES (INCLUDING RELATED TO ANY MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY). IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, A CLAIM FOR LIABILITY IS SUSTAINED, ROIL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT HAVE TOTAL LIABILITY IN EXCESS OF THE GREATER OF: (1) THE AMOUNT OF REVENUE THAT ROIL HAS PAID TO YOU IN RELATION TO THE SERVICE IN THE 12 MONTHS PRIOR TO YOUR WRITTEN NOTIFICATION TO ROIL OF THE CLAIM; OR (2) $500US. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR ELSE BE PERMANENTLY BARRED.

You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of your use of the Service in violation of these Terms, including any false representation.

ROIL has the right to terminate or suspend your use of the Service or to terminate or suspend the Service at any time. ROIL reserves the right to decide whether material or activity violates our Terms or community standards.

Any notices we are to provide you under these Terms we may provide by either (1) sending you an in-app message, or (2) sending an email to the address (if any) that you provided for your account. If you set an email address for your ROIL account, then you agree that ROIL may (but is not obligated to) communicate with you, for all purposes, by sending to that email address, and that ROIL is under no obligation to confirm the email address, or confirm receipt of communications to it.

The laws of the state of Florida (without regard to its choice-of-law provisions) shall exclusively govern these Terms and the relationship created by them. Any dispute you may raise against us must be brought solely in the competent courts of Hillsborough County, Florida.

You acknowledge and agree that we are not able to review and monitor the content published on the Service, due to its volume, and that the content is generally created and controlled by others who are not agents or employees of ROIL.

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be deemed replaced with a valid and enforceable provision that as nearly as possible effectuates the provision’s intent as expressed in these Terms.

Software used in the Service may be subject to an open-source license which overrides some of these Terms.

The Service contains links to third-party providers, and you should be aware that these third-parties are not owned or controlled by ROIL, nor typically affiliated with ROIL. ROIL assumes no responsibility for such third-party online services, and you are encouraged to read any relevant terms and privacy policies applicable to these third-party providers.

No delay or omission in the exercise or enforcement of any right or remedy hereunder shall be construed as a waiver of such right or remedy. All remedies, rights, undertakings, obligations, and agreements contained herein shall be cumulative and not mutually exclusive, and in addition to all other rights and remedies which either party possesses at law or in equity.

As used herein, the term “include” or “including” means “including but not limited to.”

ROIL may alter user-assigned names, including lewd or inappropriate names, famous names used without the permission of the famous person, and public Fandom names occupying common terms

In the event that these Terms describe features of the Service that have not been developed yet, or become discontinued, this shall not affect the binding nature of these Terms, in general.