Please see our legal notices and policies below that you are bound by, by accessing any deeproot data or network, or making a purchase of one or more of our products.
TERMS AND CONDITIONS OF USE OF ONLINE SERVICES
Last Updated: September 23, 2020
rootAccess™ Purchases (“Subscription Plan” on or after January 1, 2021)
Our subscription program rootAccess™ offers limited and exclusive content and access to deeproot insider information and downloadable content ("DLC"). More information and details will be forthcoming around the costs and benefits for an active membership.
REQUIREMENTS FOR USE OF THE SERVICE
- Age. The Online Services are only available to individuals aged 16 years or older.
User Account. In order to use our Online Services, , you agree to create an Account and provide
a username, password, valid email address that you regularly use, certain personal information, selection
of a subscription plan, and other information about yourself as prompted by our registration processes
(the "Registration Data"). Details concerning subscription plans including pricing, term, and other features
may be found at deeprootpinball.com or any other related website. All paid subscription sales are final
and may not be refunded.
In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details confidential and not share them with anyone else. You, as the Account holder, are solely responsible for access to, content in, or sharing and use of your Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify deeproot immediately.
Your Account is not transferable or assignable unless otherwise specified. Your account may be treated as personal property upon your death or a legal finding of incapacity. deeproot shall provide access to the beneficiary or legal guardian upon proof of such entitlement.
deeproot reserves the right to accept or reject an Account for any reason. deeproot may suspend or terminate your Account if you breach any provision of this Agreement. deeproot may terminate your account for any reason upon 30 days written notice to the user. Written notice may be provided through mail or through email sent to the user’s most recently updated email address.
- Covered Devices. Some of deeproot’s Online Services require a compatible pinball machine (“Covered Device”). deeproot does not supply a Covered Device and it is the responsibility of You to have a Covered Device to utilize certain aspects of the Online Services. You agree to maintain the most up to date version of software or applications for the Covered Device to ensure proper utilization of the Online Services in conjunction with the Covered Device.
Use of Online Services
- Software. Any downloads of software on any hardware (including on Covered Devices), including but not limited to any mobile applications, software for game operation, other files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
- deeproot Content. The content contained in our Online Services, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look and feel (all “deeproot Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by deeproot or by third parties that have licensed their deeproot Content to us. Unauthorized use of the deeproot Content may violate copyright, trademark, and other laws. Whether in print or downloaded form, you may not remove, alter, sell, or parody copyright and other proprietary notices contained in the original deeproot Content. The use or mirroring of the deeproot Content on any other website or in a networked computer environment for any purpose is prohibited.
- Links Found on our Sites, Applications, Online Services, or deeproot Content. Any links to third-party websites found in the foregoing are maintained by others and are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party websites. We are not responsible for such content and do not make any representations or warranties regarding such content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.
User Submissions. “User Submission” means any submission of information or digital content to an
area, site, page, or feature within the Online Services that offers the opportunity to submit content for viewing
by one or more Online Services users or the public, including without limitation a message board, leaderboards,
score posts, review submission page, forum, social community environment, conversation page, or blog. By submitting
material through our Online Services, you automatically grant, or warrant that the owner of such material has
expressly granted, us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter developed for the full term of any
copyright or other rights that may exist in such material. You also permit any other user to access, view, store
or reproduce the material for that user's personal use. You further hereby grant us the right to use, edit, copy,
publish and distribute any User Submission you make available on any deeproot site or application.
You acknowledge that User Submissions and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, deeproot, or any other third party. You are and will remain solely responsible for the User Submissions you distribute on or through any Online Services in any User Submission and for the consequences of submitting and posting same. You may be held legally responsible for damages suffered by any of the aforenamed persons or parties as a result of legally actionable or defamatory comments, remarks or other information or content that you post using our Online Services. As a condition of usage of our Online Services, any user unilaterally agrees to indemnify deeproot, any affiliates, officers, employees, or assigns, from any legal responsibility for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.
We have no duty to proactively monitor any User Submission; provided however that if we review or are asked to review User Submissions, we reserve the right to take any reasonable and lawful action, if warranted, against the user or users. Reasonable and lawful action may include, but is not limited to: our removal or editing of the User Submission; suspension or permanent revocation of the user’s rights to use our Online Services for User Submission or for User Submissions; or reporting of the user’s data, including personal and private information, to law enforcement or governmental entities, or to third parties when requested with legal authority.
You acknowledge that your use or reliance upon any user submission posted by another is at your own risk. deeproot does not endorse and is not responsible for opinions, advice, or recommendations posted or sent by users in any user submission, and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any user submission. Therefore, we recommend that you be careful and exercise common sense and good judgment when using or relying on any such content.
You acknowledge certain features of the Online Services may allow you to share a User Submission with a third-party. deeproot does not and cannot control what the third-party does with a User Submission. deeproot shall not be liable to you for any losses, damages, costs, or expenses arising from or connected to a third-party’s copying, distributing, or otherwise violating your rights to a User Submission.
Rules of Conduct for User Submission
By accessing the Online Services, you agree that you are solely responsible and liable for all activities carried out by you through your use of our Online Services. You represent and warrant that you will not use the Online Services in a manner that infringes, violates, or misappropriates any rights of us or any third party. You represent and warrant that you are the owner of and/or otherwise have the right to any art, image, or other work protected by copyright law that you submit as part of a User Submission.
Any User Submission that exhibit any of the following are prohibited in the entirety and subject to suspension or revocation of rights to use our Online Services; and may be forwarded to law enforcement, governmental entities, or any other third party with legal authority, to-wit:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
- is bigoted, hateful, or racially or otherwise offensive;
- is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the our sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the our Online Services;
- is antisocial, disruptive, or destructive, including griefing, flooding, flaming, trolling, or spamming, as those terms are commonly understood and used on the Internet; or
- is false or misleading; or
- is derogatory against deeproot, its affiliates, officers, employees, distributors, commercial operators, or other users.
deeproot will automatically charge on a recurring basis the fee for the subscription plan you choose, including any applicable taxes, to the payment method associated with your Account. You can change your subscription at any time by accessing your Account. The applicable fee for an upgraded subscription will take effect immediately however a downgraded subscription will take effect upon expiration of the previously paid for subscription. If deeproot is unable to successfully charge your credit card or does not receive payment for fees due, deeproot reserves the right to restrict access to the Online Services and any User Submissions, delete your User Submissions, or terminate your Account.
If you are aware of or suspect the copyright infringement of any third party on our sites, applications, Online Services, or deeproot Content, you must timely submit a copyright infringement notification under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") or, as applicable, other laws, by providing the below-specified Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material on our Online Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Copyright infringement notices may be sent by email to: firstname.lastname@example.org
Or by mail to:
12621 Silicon Dr
San Antonio, TX 78249
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
We process all takedown notices based on good faith acceptance of the representations from the party submitting the takedown notice. If you believe that access to material that you have scanned and uploaded has been removed or disabled by mistake, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
DEEPROOT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DEEPROOT CONTENT OR SOFTWARE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING ANY OF OUR ONLINE SERVICES, SITES, APPLICATIONS, DEEPROOT CONTENT OR SOFTWARE. ANY USE OF THE FOREGOING IS AT YOUR OWN RISK. WE MAY MAKE CHANGES AT ANY TIME TO ANY OF THE FOREGOING AND WE FURTHER RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE ANY ONLINE SERVICE OR FEATURE (INCLUDING ANY CHANGES TO OR REMOVAL OF DEEPROOT CONTENT OR SOFTWARE) AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHTS.
OUR SERVICES, including Software and deeproot content ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM, WITH RESPECT TO YOUR ACCOUNT AND OUR SERVICES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES WILL FUNCTION AS DESCRIBED, BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT YOU STORE WITHIN OUR SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU (AND NOT DEEPROOT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE ONLINE SERVICES. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY of the ONLINE SERVICEs ON OR FEATURE OF OUR SITES, APPLICATIONS, ONLINE SERVICES, OR DEEPROOT CONTENT.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, LICENSORS, SUBSIDIARIES, VENDORS, SUPPLIERS, AND REPRESENTATIVES) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), EQUITY, STATUTORY OR PRODUCT LIABILITY, OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICES OR ACCESS TO OUR SERVICES, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON ANY OF OUR ONLINE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO DEEPROOT OR AN DEEPROOT VENDOR, IF ANY, OR (B) $10 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY OF THE FOREGOING OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE ONLINE SERVICES, OUR SITES, APPLICATIONS, ONLINE SERVICES, DEEPROOT CONTENT, and/or SOFTWARE.
You agree to indemnify, defend, and hold deeproot, its officers, directors, employees, shareholders, agents, affiliates, licensors, subsidiaries, vendors, suppliers, and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) made by any third party arising out of and related to (a) your breach of any provision of the Terms of Service or (b) use of the Online Services. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
In the event of a complaint, or to request further information, you contact us at email@example.com, or in writing at:
12621 Silicon Dr
San Antonio, TX 78249
Buyer may not assign its rights or delegate its obligations under this Agreement without the prior written consent of deeproot.
Severability and Waiver
The failure by us to enforce any provision of the Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective. If for any reason any provision of the Agreement is held to be void, invalid, or otherwise unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Terms.
Governing Law and Forum
Notwithstanding anything to the contrary contained herein, deeproot shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, pandemics, acts of government restricting work, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, deeproot agrees to make a good faith effort to perform its obligations hereunder.
This Agreement represents the entire agreement of the parties. No other term, provision or clause may be modified in any way except by a writing signed by all parties to this Agreement.
What information do we collect?
While you have the option to visit our Sites in a quasi-anonymous state, if you register on any of our Sites or fill out a form, we will collect any such information you have submitted to us which may include name, e-mail address, mailing address, phone number, credit card information or other payment information. We may also collect non-submitted information that your browser or computer freely provides to us.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To respond to a query
- To register you for secure or authorized access
- To discuss or disseminate information to your authorized agent, representative or broker if applicable.
- In secure areas, to provide relevant, authorized content to you about your account, or to communicate with you (whether by your query or ours)
- To personalize your experience (your information helps us to better respond to your individual needs as you browse our Sites)
- To improve our Site(s) (we continually strive to improve our Site offerings based on the information and feedback we receive from you)
- To administer a contest, promotion, survey or other site feature
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
What information do You have a right to Change or Restrict?
If you are an anonymous user, and have no pre-existing or current relationship with deeproot®, you can restrict the information we collect by ceasing to use or access our Sites.
If you have a login or password to one or more of our secure content areas, you may change your password or other login credentials at any time, as long as one or more of your login credentials do not conflict with another user’s credentials. Otherwise, you do not have the right to change or restrict the information we collect about you, as such information is defined herein.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. While we do not intend to do so, we expressly reserve the right to convey non-personally identifiable visitor information to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page. We do not store credit card information on our servers.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Communication Policy
With exception to secure messages sent from a secure content area, emails or communication you initiate (or reply to) conveyed to us by and through one of our Sites, or directly to an internal or employee email address on one of our servers, is not inherently safe, protected or confidential. If you need to contact us concerning your account, we would recommend phone, secure messaging (using the secure areas of our Sites), facsimile, or written correspondence.
By using any of the deeproot® Sites, you expressly consent to this Policy.
If there are any questions regarding this Policy you may contact us using the information below.
deeproot® Capital Management, LLC at 12621 Silicon Drive San Antonio, TX 78249 firstname.lastname@example.org (888) 316-2935
© 2020+ deeproot Capital Management, LLC