Rose Rebel Productions Website

Terms of Use

Last Updated: 28 September 2018

Welcome to a Rose Rebel Productions website (“Site”). Thank you for visiting and have a great time!

It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these terms of use as the legally binding terms to govern your use of this Site (“Terms of Use”). Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms

If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you signify your consent to these terms.

Some areas of this Site or activities on this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued by updating this posting. Changes to the Terms of Use will be effective when posted to the Site. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will signify your acceptance of any revisions and explicit renewal of your consent.

How To Contact Us

This Site is published, controlled and operated by Rose Rebel Productions Ltd. located in Amsterdam (“Rose Rebel Productions”, “we”, “us” or “our”).

Please forward any comments or complaints about this Site, any questions regarding privacy and/or any questions regarding other legal matters to info@roserebel.com.

Your Registration

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of your use of this Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the unconditional right to refuse you access to or use of the Site, or any of its resources, and to terminate or suspend your account and/or registration.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use and that they will be legally enforceable against you to the maximum extent permitted by applicable law (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Trademarks and Copyrights

This Site and any materials incorporated by Rose Rebel Productions on this Site including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audiovisual works, designs, logos, software and any other content (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights owned by Rose Rebel Productions and/or its licensors (“Copyrights”). Some of the characters, logos or other images incorporated by Rose Rebel Productions on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Rose Rebel Productions or other third parties (“Trademarks”). Rose Rebel Productions respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, framed, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Rose Rebel Productions. Any authorization to copy Material granted by Rose Rebel Productions in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact and unamended all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited unless specifically authorized by Rose Rebel Productions. Also, to the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, ROSE REBEL PRODUCTIONS AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF ROSE REBEL PRODUCTIONS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROSE REBEL PRODUCTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROSE REBEL PRODUCTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ROSE REBEL PRODUCTIONS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY OTHER WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ROSE REBEL PRODUCTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

ROSE REBEL PRODUCTIONS DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FORUMS, SERVICES AND/OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY REPRESENTATIVE OF ROSE REBEL PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY REPRESENTATIVE OF ROSE REBEL PRODUCTIONS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Submissions, Postings and E-mails

Rose Rebel Productions is interested in hearing from you regarding your questions or comments about our Site. 

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (”Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (”Additional Terms”), as they will affect your legal rights. Unless otherwise stated in any Additional Terms, you hereby irrevocably assign to Rose Rebel Productions, all rights throughout the world and in perpetuity, or for the maximum period permitted by law, in any Invited Submissions that you make including without limitation, all and any ideas, suggestions, themes, characterizations, concepts, drawings, designs, images, film, video, software, music, text, stories, dialogue, titles and other material contained therein. Unless otherwise agreed in writing with Rose Rebel Productions, such assignment shall be royalty free and you hereby agree not look to Rose Rebel Productions for any remuneration. To the extent permitted by applicable law, you waive all moral rights in respect of the Invited Submissions which you now or at any time are entitled in any part of the world and confirm that no such rights have been asserted.

Rose Rebel Productions shall be entitled to use, reproduce, edit, re-edit, modify, adapt, publish, translate, license, create derivative works from and distribute or incorporate all or any part of the Invited Submissions (without payment to, consideration for, or liability to you) throughout the universe for any purpose and in any and all media, markets and languages, in any manner and through any method, form, medium or technology now known or later devised to the extent permitted by applicable law.

Furthermore, you undertake, represent and warrant that (i) you hold all the necessary rights, licensees, consents and permissions, required to make any and all Invited Submissions that you submit and to grant the assignment above; and (ii) any and all Invited Submissions that you submit do not violate, breach or infringe any laws, regulations or codes or otherwise infringe anyone’s legal rights (including, without limitation, those of intellectual property, moral rights, confidentiality, defamation, libel, personality, publicity and privacy).

Both the Terms of Use and any Additional Terms apply in full to any Invited Submissions you make. To the extent there is any conflict or ambiguity between these Terms of Use and any Additional Terms, the Additional Terms shall prevail.

If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us including, without limitation, Invited Submissions, will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable laws and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users without obtaining their prior consent to do so. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Rose Rebel Productions) or privately transmitted on or through this Site are the sole responsibility of the sender, not Rose Rebel Productions, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at Rose Rebel Productions require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a)libels, defames, invades privacy, stalks, is obscene or vulgar, pornographic, racist, abusive, harassing, threatening or offensive;

(b)disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor or character appearing in the content;

(c)seeks to obtain personally identifiable details from children or otherwise seeks to exploit or harm children by exposing them to inappropriate content;

(d)infringes any intellectual property or other right of any entity or person (alive or deceased), including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;

(e)violates any law or may be considered to violate any law;

(f) transmits information which you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains personal information relating to another individual and you have not obtained such individual’s consent to disclose such information;

(g) advocates or promotes illegal activity;

(h) impersonates, misleads or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles, draws or contests, displaying sponsorship banners, and/or soliciting, whether directly or indirectly, goods or services) except as specifically authorized by Rose Rebel Productions on this Site;

(j) solicits funds, advertisers or sponsors;

(k) includes programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able      to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

(m) copies any other pages or images on this Site except with appropriate authority;

(n)includes MP3 or other music format files unless specifically authorized by Rose Rebel Productions in writing;

(o)amounts to a ‘pyramid’ or similar scheme;

(p) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or a large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;

(r) contains the image of any person without their written permission to post the image on the Service; or and/or

(s) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (r) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Rose Rebel Productions anywhere on this Site (e.g., on any web space made available for your use).

You understand that by using the Site, you may be exposed to materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of materials found on the Site. You further acknowledge and agree that you will not rely on any content available on or through the Site, or use such content as a substitute for professional advice.

System Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

You acknowledge, consent and agree that Rose Rebel Productions may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms of Use; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Rose Rebel Productions, its users and the public.

Investigations

Rose Rebel Productions reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to this Site or any Forum. Rose Rebel Productions may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Rose Rebel Productions may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Rose Rebel Productions believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Rose Rebel Productions will fully cooperate with any law enforcement authorities or court order requesting or directing Rose Rebel Productions to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use or any applicable law. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF ROSE REBEL PRODUCTIONS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ROSE REBEL PRODUCTIONS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A REPRESENTATIVE OF ROSE REBEL PRODUCTIONS OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment and pay all costs necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

Rose Rebel Productions reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Indemnity

You agree to indemnify and hold harmless Rose Rebel Productions and its officers, directors, employees, agents, distributors and affiliates from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Rose Rebel Productions’ servers.

Our Use of Content

Rose Rebel Productions will consider anything you provide to Rose Rebel Productions and/or contribute to this Service as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Service (see ‘Submissions, Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms and without prejudice to the foregoing terms contained herein relating to Invited Submissions, by posting or uploading any content to this Site, including without limitation audio, video, photographs, and/or providing any communication or material to Rose Rebel Productions (“User Content”), you automatically and irrevocably: (a) grant and assign to Rose Rebel Productions and its sub-licensees a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, use, distribution, modification, publishing and/or other exploitation by Rose Rebel Productions and/or by any person authorized by Rose Rebel Productions, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) to the extent permitted by applicable law, waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Rose Rebel Productions as your agent with full power to enter into any document and/or do any act Rose Rebel Productions may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Rose Rebel Productions shall not be liable for any use or disclosure of such User Content; (f) confirm that your posting of the content on or through the Site does not violate the privacy rights, publicity rights, copyrights or rights of any other person;  (g) grant Rose Rebel Productions, and its sub-licensees, the right to use the name that you submit in connection with User Content if we choose to use such name (h) warrant that you have all rights and obtained all necessary consents and permissions to upload the User Content and grant the above assignments.

Third-Party Sites

This Site may contain advertisements for or links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Rose Rebel Productions, and you acknowledge that (whether or not such sites are affiliated in any way with Rose Rebel Productions) Rose Rebel Productions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such an advertisement or link does not imply endorsement of any site by Rose Rebel Productions or any association with its operators.

Rose Rebel Productions cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site since other shop channels are owned and operated by independent retailers. Rose Rebel Productions does not endorse any of the merchandise, nor has Rose Rebel Productions taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Rose Rebel Productions does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Claims of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at Rose Rebel Productions want to hear from you. Please forward the following information in writing to info@roserebel.com:

(a)your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

(f) a statement by you that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf, and that you explicitly authorize all representatives of Rose Rebel Productions to use the information in your notice for the purposes of managing your claim. Please note the Privacy Policy shall also apply the information you provide in your notice.