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Terms and Conditions



General

By using the Robotfruit.com website or any Service provided by Robot Fruit inc., you are agreeing to be bound by the following Terms and Conditions without any modification, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Robot Fruit inc. ("Robot Fruit", "we" or "us") maintains the right to change or update the Terms of Service at any time without notice. Any new content or features; including tools, resources, and functionality are subject to the same Terms of Service. If you, the user, do not find the present or future Terms of Service acceptable, your only recourse is to cease using the Site and Service. Violation of any of the terms below may result in the termination of your account. The failure of Robot Fruit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

User Restrictions

You must be 13 years or older to use this Service and open an account. You must be a human; registration by any automated means is not permitted. The user must accurately provide their full legal name, a valid email address, and any other requested information in order to open an account.

User Responsibilities

You understand and agree that Robot Fruit has no obligation to monitor your access or use of the Service, or to review or edit any Content, but has the right to do so for any reason at any time. You, the user, are solely responsible for the security of your account information and the Content that appears on your Mobile Offering. Robot Fruit is not liable for the unauthorized access or use of the Service through your user profile, or the addition, deletion, or modification of any Content as a result of such access. Your Mobile Offering Content (including associated key words, titles, and third party accounts) must in no way be defamatory, pornographic, libelous, misleading, unlawful, or falsely implying association with another party or entity. Verbal, physical, written, or other abuse (including threats or abuse or retribution) of any Robot Fruit customer, member, employee, or officer will result in immediate Account termination. You cannot modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Robot Fruit in any way. You agree not to modify, reproduce, duplicate, copy, reverse engineer, decompile, mirror, sell, resell, or exploit any part of the Service. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages, or transmit any worms, viruses, or code of a destructive nature.

Transfer of Data

You understand that Robot Fruit uses third party vendors and hosting partners to provide necessary hardware, software, networking, storage, and other related technology required to run the Service. You understand that the processing and transmission of your content may be transferred unencrypted through multiple networks and may undergo changes to meet certain technical requirements and formats.

End User Rights and Responsibilities

Robot Fruit may collect information generated or provided by end users of a Mobile Offering. This information includes but is not limited to personally identifiable information or non-personally identifiable information volunteered on the part of the End User, or general information associated with the use of the Mobile Offering. You acknowledge and agree that: 1.Your Mobile Offering must abide by applicable privacy laws and regulations to the fullest extent which may include but are not limited to (i) full disclosure of the collection of end user data, (ii) your purposes for collecting end user data, (iii) your use of third party service providers through your Mobile Offering. 2.You agree to comply with our Privacy Policy and understand that any modification to applicable law or Robot Fruit's privacy policy that impairs Robot Fruit from continuing our Service (as a part or whole) or potentially subjects you or Robot Fruit to claims of third parties or enforcement authorities, Robot Fruit may suspend, discontinue, or terminate the Service (as a part or whole), in our sole discretion. 3.You are solely responsible for your interactions, disputes or otherwise, with end users and Robot Fruit cannot and will not screen end users. Robot Fruit has the right, but not the obligation, to monitor or censor any content provided by end users through a Mobile Offering. Robot Fruit cannot and will not review all materials, including software, posted to a Mobile Offering, and cannot therefore be responsible for that material's content, use, or effects. Robot Fruit does not represent or imply that it endorses any material posted, nor do we believe such material to be accurate, useful, or non-harmful. Robot Fruit is not in any way liable for any offensive materials, violations of privacy or publicity rights, infringement of intellectual rights or other proprietary rights, or damages the End User may encounter while using a Mobile Offering.

Disclaimers

The Service provided by Robot Fruit is on an "as is" and "as available basis". Robot Fruit makes no warranties, expressed, implied, or statutory, relating to the Site, Services, content, and user submissions. This includes without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance. Robot Fruit does not warrant that (i) the Service will meet your requirements or qualitative expectations, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) any results obtained from the use of the Service will be accurate or reliable, (iv) any errors in the Service will be corrected. Use of the Service provided by Robot Fruit is at your own risk.

Indemnification

You agree to indemnify and hold Robot Fruit inc., its contractors, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your use of this Service, including but not limited to your violation of this Agreement.

Limitation of liability

In no event will Robot Fruit or its suppliers or licensers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages (including but not limited to, damages for loss of profits, data, goodwill, use, or other intangible losses) resulting from (i) your use or inability to use the Service; (ii) the cost of procurement or substitute products or services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service, even if Robot Fruit had been advised (written, verbal, or otherwise) of the possibility of such damages.

Limitations of Legal Recourse

In the use of our Site or Service you acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. More than one person's claims may not under any circumstances be consolidated in any form of a class or representative proceeding. If a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will continue to be enforced to the extent permissible and will not affect other provisions in the agreement.

Third Party Rights

You agree that you will not post, upload, publish, submit, or transmit any Content that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights. Use of Service does not transfer any right or title to intellectual property (a third party's, Robot Fruit's, or otherwise). Liberties with third party logos, trademarks, patents, or copyrights are not granted beyond the capacity of said party's terms of service. You are solely responsible for securing and paying for all licenses associated with your Mobile Offering, in regards to the possible or actual infringement of a third party's proprietary rights.

Content Ownership

Upon use of the Service, you grant Robot Fruit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose related to the Service. Robot Fruit does not claim intellectual property rights or ownership over your uploaded materials, however, you do agree to allow others to view and share your content through your Mobile Offering.

Payment and Refunds

A valid credit card is required to complete the sign-up process and use the Service. All fees are exclusive to taxes, levies, or duties imposed by taxing authorities. You are solely responsible for the payment of such taxes, levies, or duties. Misuse, nonuse, dissatisfaction, termination, or other such issues with the Service will not entitle you to a refund. In the event of erroneous charges, refunds will be issued within a responsible time frame upon Robot Fruit being made aware of the issue.

Modifications of Service and Prices

Robot Fruit reserves the right to modify, suspend, or discontinue our Service (or any part thereof) without notice. By continuing use after such changes are made, you are agreeing to the most current version of these Terms of Service. Price of Service, including but not limited to subscription fees are subject to change upon 30 days notice from Robot Fruit. Notice may be provided at any time via our website, our Service, or other means. Addition, modification, or deletion of Service features may be issued at any time. While reasonable effort will be made to notify you of planned changes, we are not obligated to do so and are in no way liable for any loss of function or data that results from such changes.

Cancellation

You are solely responsible for properly canceling your account. You will not be entitled to any refunds for cancelling prior to the end of your current pay cycle. Cancellation will take effect on your next pay cycle, at which time, your Mobile Offering and all its contents will be deleted and rendered unrecoverable.

Termination

Robot Fruit 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. You are not entitle to recover any data or content lost as a result of termination, nor are you entitled to further access to the Service. All provisions of this agreement shall survive termination, including but not limited to Limitations of Liability, Content Ownership, Indemnity, and Third Party Rights.

Platform Stores and Approval

At your discretion, Mobile Offerings will be submitted and approved by other parties. These parties include but are not limited to Apple and Google Play. Robot Fruit cannot and will never guarantee the approval or publication of any Mobile Offering through any submission process, and are not responsible for the costs associated with this process. These costs include but are not limited to developer registration fees, submission fees, resubmission fees, or costs arising from an appeal.

Revisions and Errors

The materials appearing on the Robot Fruit site would include errors (technical, typographical, photographic, or otherwise). Robot Fruit does not warrant that any materials on its web site are accurate, complete, or current. Robot Fruit may, but is not obligated to, make changes to the web site at any time without notice.

Governing Law

These Terms of Service and any action related thereof shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Pre-Paid Coupons

End Users must be at least 18 to purchase a pre-paid coupon through the Service. Pre-paid coupons may have an expiration date, and is valid through the shown expiration date. The merchant or venue that offered said coupon has no responsibility to honor an expired coupon passed the amount paid. The vendor must honor the price paid for a coupon and credit the full amount to a purchase of the end user's choice. If a merchant or venue refuses to honor a non-expired coupon or the value paid for an expired coupon, Robot Fruit will refund the End User the amount paid. This payment may be in the form of a refund or a credit towards another pre-paid coupon purchase. Coupons are not redeemable for cash, unless required by law. Reproduction, resale, modification, or trade of pre-paid coupons is prohibited.




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