Terms of Use

Terms of Use

 

Date of last revision: October 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. By accessing or using this website, mobile application or other ROOKIE product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Rookie. ROOKIE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

 

Physical Activity Notice

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. ROOKIE is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

 

Intellectual Property

All intellectual property on the Platform (except for User Generated Content) is owned by ROOKIE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the ROOKIE name and the Swoosh design) are owned, registered and/or licensed by ROOKIE. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of ROOKIE; All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify ROOKIE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without ROOKIE's prior written consent. The use of ROOKIE trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external Internet site or the creation of links, hypertext or deeplinks between the Platform and any other Internet site, is prohibited without the express written consent of ROOKIE.

 

Platform Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase ROOKIE products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without ROOKIE's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

 

Product Orders (apply to the extent user purchases from the platform)

Price and other information of goods presented on the Platform is only an invitation for offer and your order shall be deemed as an offer. All orders placed through the Platform are subject to ROOKIE's acceptance. Your order is accepted by ROOKIE, and the purchase contract beween ROOKIE and you is formed, only when ROOKIE sends you the confirmation email informing that the products you ordered have been sent out. If you have ordered more than one product under a single order, the purchase contract is formed only in relation to the product(s) for which ROOKIE has issued a confirmation email. This means that ROOKIE may refuse to accept or may cancel any order, pursuant to these Terms of Use or for any other legitimate reason, and without liability to you or anyone else. If your debit card, credit card, bank account or any other 3rd party payment account (Alipay/Unionpay or Tenpay, etc) has already been charged for an order that is later cancelled, ROOKIE will issue you a refund to your original purchasing account.

 

No Purchase for Resale

The Platform is intended solely for ROOKIE to sell ROOKIE products direct to end consumers, and therefore purchase for resale is not permitted. Purchase for resale means the purchase of ROOKIE product by someone who resells, or intends to resell, the ROOKIE product to others (consumers, businesses or any third party). If ROOKIE believes you are involved in purchase for resale, ROOKIE reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platform account.

 

Order Cancellation

You agree that ROOKIE can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:

•You have reached an agreement with ROOKIE;

•Information of the product on the ROOKIE website is obviously erroneous or the product is out of stock;

•Pricing errors;

•Platform technical problems;

•Your order information is obviously erroneous or your order quantity exceeds the stock;

•Due to force majeure, transportation delay, system failure or third-party attacks of the ROOKIE website, and other circumstances beyond the control of ROOKIE, ROOKIE finds it necessary to cancel your order;

•You fail to complete payment within the specified time;

•ROOKIE finds that you used robots, scripts, plug-in software or other techonologies to hack the ROOKIE network to purchase ROOKIE products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of ROOKIE products. ROOKIE reserves all rights to take all necessary legal actions to protect its rights and interests;

•The purpose of purchasing ROOKIE products is for resale;

•Using others’ accounts or identities to purchase;

•ROOKIE finds that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.); or

•Breach of other Terms of Use, Purchase Terms and Conditions or other regulations or policies of this Platform, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).

 

Safeguard Your Username/Password

You are responsible for any actions that take place while using your ROOKIE account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. ROOKIE is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

 

User Generated Content

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by ROOKIE.

 

Posting Rules: User Generated Content and User Conduct

 

Be Responsible.

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose ROOKIE or its users to any harm or liability of any type.

Be Relevant and Constructive.

Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about ROOKIE and ROOKIE products, or anything else off topic.

 

Be Courteous and Appropriate.

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in ROOKIE's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.

 

Be Private.

Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.

 

Be Personal.

The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.

 

Be Yourself.

Do not impersonate any person or entity, including without limitation athletes or ROOKIE employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one ROOKIE account, register a ROOKIE account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

 

Be Original.

You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant ROOKIE all of the license rights granted in these Terms of Use.

 

Be Legal.

Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

 

General Rules for User Generated Content

Prescreening Content

ROOKIE reserves the right, but not the obligation, to prescreen User Generated Content. ROOKIE does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. ROOKIE is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event ROOKIE chooses to monitor any User Generated Content, ROOKIE assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. ROOKIE reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

 

Eligibility and Registration

To become a member of the ROOKIE Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are eighteen (18) years of age or older, or those who are between thirteen (13) years and eighteen (18) years of age but obtained consent from your guardian and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 18 or older, or between thirteen (13) years and eighteen (18) years of age but obtained consent from your guardian. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

 

ROOKIE's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to ROOKIE a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

 

Copyright Infringement Complaints

If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work including its title (if any) that you claim has been infringed; (3) the web address of the copyrighted work that you claim has been infringed or a description of where on the Platform the material that you claim is infringing is located; (4) preliminary evidentiary materials proving the existence of infringement including a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give ROOKIE legally sufficient notice to ROOKIE of infringement.

We suggest that you consult your legal advisor before filing a notice with ROOKIE's copyright agent, because there may be penalties for false claims.

 

Links

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). ROOKIE does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. ROOKIE is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

 

Mobile Services

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using ROOKIE's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

 

Indemnification

You agree to indemnify, defend, and hold harmless ROOKIE, Inc, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

 

Privacy

Our ROOKIE Digital Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

 

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. ROOKIE is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. ROOKIE is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 

Warranty Disclaimer

ROOKIE is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by applicable law, ROOKIE disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. ROOKIE cannot guarantee and does not promise any specific results from use of the Platform. ROOKIE does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by applicable law, ROOKIE does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. ROOKIE reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice.

 

Limitation of Liability

ROOKIE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A ROOKIE EVENT OR ANY USER GENERATED CONTENT, EVEN IF ROOKIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST ROOKIE FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF ROOKIE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, ROOKIE'S LIABILITY SHALL NOT EXCEED HK$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Miscellaneous

You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and ROOKIE (“Dispute”) shall be governed in all respects by the laws of Hong Kong, without regard to choice of law provisions. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of ROOKIE products) shall be resolved individually, without resort to any form of class action, and exclusively in the court having jurisdiction over the dispute in Hong Kong in accordance with the laws of Hong Kong. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts having jurisdiction over the dispute in Hong Kong . By using the Platform, you agree to receive certain electronic communications from ROOKIE. You agree that any notice, agreement, disclosure or other communication that ROOKIE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. ROOKIE's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. ROOKIE may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

Termination

ROOKIE reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. ROOKIE also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g. Weibo, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.