Rooster Terms of Use

Overview

Welcome to Rooster. We take your rights seriously and so should you. Please take a moment to review these terms of use, as well as our Privacy Policy before you begin to use Rooster.

By using the Rooster mobile reading application ("Rooster"), provided by Plympton, Inc., you are agreeing to be bound by the following terms and conditions ("Terms") and by our Privacy Policy.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy, govern your use of Rooster. By using, visiting, or browsing Rooster, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use Rooster.

Changes to Terms of Use

Rooster may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period.

Privacy

Personally identifying information is subject to our Privacy Policy. Before using Rooster, you should read our Privacy Policy to understand our practices.

Communication Preferences

By using Rooster, you consent to receiving electronic communications from Rooster relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on Rooster, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Rooster. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Rooster features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the"Your Account" page of our website to manage your Rooster communications. Please review our Privacy Policy for further detail on our marketing communications.

Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your Rooster membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use Rooster. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Rooster by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

Your Rooster membership may start with a free trial. The free trial period of your membership lasts for two weeks, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Rooster reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click the "Your Account" link on the Rooster website (which shows up as soon as you log in) to find cancellation instructions. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Billing

Recurring Billing. By starting your Rooster membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Rooster service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event that your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Rooster membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on "Billing Details" to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. Payment are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the left of the page once you log in to the Rooster website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for Rooster using your account with a third party (i.e., iTunes, or similar account) as a Payment Method, and wish to cancel Rooster at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from Rooster. You may also find billing information about your Rooster membership by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your Rooster membership at any time, and you will continue to have access to Rooster through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unread titles. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.

Rooster Service

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of Rooster. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

Rooster, and any content read through the service, are for your personal and non-commercial use only. During your Rooster membership, we grant you a limited, non-exclusive, non-transferable, license to access Rooster and read titles through the service within the Rooster app for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

You may read a title through Rooster only in geographic locations where Rooster is offered and has licensed such titles. The content that may be available to read will vary by geographic location. Rooster will use technologies to verify your geographic location.

We continually update Rooster, including the content library. In addition, we continually test various aspects of our service, including our mobile application, website, user interfaces, service levels, plans, promotional features, availability of titles, delivery and pricing. We reserve the right to, and by using Rooster you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use Rooster, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through Rooster without express written permission from Rooster or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in Rooster; use any robot, spider, scraper or other automated means to access Rooster; decompile, reverse engineer or disassemble any software or other products or processes accessible through Rooster; insert any code or product or manipulate the content of Rooster in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Rooster, including any software viruses or any other computer code, files or programs.

The availability of titles will change every month, and may vary from country to country. The quality of the user interface may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Rooster makes no representations or warranties about the quality of your reading experience on your device. The time it takes to begin reading a title will vary based on a number of factors, including your location, available bandwidth at the time, the book or short story you have selected and the configuration of your device.

The Rooster mobile reading application is developed by Plympton and is designed to work exclusively on one device, an iPhone running operating system 7 and above. By using our service, you agree to look solely to the entity that manufactured and/or sold you this device for any issues related to the device and its compatibility with the Rooster service.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access

The member who created the Rooster account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Rooster account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Rooster Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer Rooster, Rooster implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit Rooster, which includes accessing via mobile device or website.

By sharing the Rooster service password or allowing others to access your account, the Account Owner agrees to be responsible for assuring that household members comply with the Terms of Use and that such Account Owner shall be responsible for the actions of the household members.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Rooster website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Rooster reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Rooster is not obligated to credit or discount a membership for holds placed on the account by either a representative of Rooster or by the automated processes of Rooster.

Disclaimers of Warranties and Limitations on Liability

THE ROOSTER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ROOSTER SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ROOSTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ROOSTER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ROOSTER BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property

Copyright. Rooster, including all content provided on Rooster, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.

Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through Rooster, please notify us by writing at support@readrooster.com.

Governing Law

For all Rooster members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions.

You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with Rooster. These Applications may import data related to your Rooster account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Rooster is not responsible for such Applications. Such applications are owned or operated by third parties that are not related to or sponsored by Rooster and may not be authorized for use with Rooster in all countries. Use of an application is at your own option and risk.

Cookies

Like most websites, Rooster makes use of browser "cookies." Cookies are small text files placed on your computer's hard disk by our server. They allow us to better customize our site and to store preference information. Rooster reserves the right to use cookies to optimize our service.

Use of Information Submitted

Rooster is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to Rooster, including the Rooster application, website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Rooster. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

Customer Support

If you need assistance with your account, you can write to support@readrooster.com at any time. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.