Thank you for using the ROSIELAND. ("ROSIELAND", "we," "us," and "our") website ("Services," which consists of all content, products, services and pages located within the rosie.land web domain). This Terms of Service ("Terms") applies to our provision and your use of our Services. As used herein the term "use" or "using" shall mean use, access, sign into, download, purchase, visit or browse our Services.
These Terms should be read alongside, and are in addition to, the policies referenced in these Terms (such as the Privacy Policy).
Please read these Terms carefully, by using our Services, whether as a visitor or a registered member ("Service User"), you agree to be bound by these Terms, including the policies referenced in these Terms. If, for any reason, you do not agree to these Terms, please stop using our Services immediately.
Who May Use The Service
You may use our Services if you have the power to enter a binding contract with us and are not barred from doing so under these Terms or any applicable laws. By using our Services, you confirm that you have read, agree and are in compliance with these Terms, including the policies referenced in these terms, and all applicable laws. Any use of our Services by anyone under the age of 16 is strictly prohibited.
Using Our Services & Membership
Any visitor can use certain parts of our Services, but in order to get the most out of our Services, you need to become a registered member of ROSIELAND ("Member").
Registered Members:
To become a Member you must subscribe to a membership subscription plan and create an account. When you create your account, you request your name, email address, a password, if you are an EU resident and a username. Please note, we reserve the right to refuse or remove any username for any reason (including, for example, if we consider the username to be inappropriate). In setting up your account, you may be prompted to enter additional optional information including, but not limited to your company information.
You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that you will never divulge or share access or access information for your account with any other person or third-party for any reason. You agree that the information you provide us, whether at registration or at any other time, will be true, accurate and complete, and you agree to keep it that way at all times. If you have reason to believe that your account is no longer secure, you must change your password immediately and contact us at rosie@rosie.land.
We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information we collect from and about you, and how we use that information.
Membership Subscription Plans:
The scope, features, and price of your access to our Services is determined by the membership subscription plan you register, purchase, order, or change to (each, a "Membership Plan").
Annual Professional Membership:
Annual Professional Membership is a PAID Membership Plan and as such there is a licence fee. We reserve the right to increase or decrease the License Fee for Annual Professional Membership ("Annual Professional Licence Fee") at any time; however, to the extent you have paid your Annual Professional License Fee in advance, the increase or decrease will not become effective for your Annual Professional Membership until your next Annual Renewal Term.
If you subscribe to ROSIELAND's Annual Professional Membership, ROSIELAND grants you a fully revocable, limited, personal, non-exclusive, non-transferable license ("Annual Professional License") to use our Services, commencing on the Effective Date. Thereafter, your subscription will continue for 12-months and will automatically renew on the corresponding anniversary date ("Annual Renewal Date") of the Effective Date (each an "Annual Renewal Term"), until you terminate your Annual Professional Membership.
BY SUBSCRIBING TO OUR ANNUAL PROFESSIONAL MEMBERSHIP AND PROVIDING BILLING INFORMATION, YOU GRANT US AND OUR AUTHORISED THIRD-PARTY PAYMENT PROCESSOR(S) THE RIGHT TO PROCESS PAYMENT FOR YOUR ANNUAL PROFESSIONAL LICENSE FEE VIA THE DEBIT CARD OR CREDIT CARD YOU PROVIDED DURING SUBSCRIPTION OR MAINTAINED ON YOUR ACCOUNT (your "Payment Method"). YOU UNDERSTAND AND AGREE THAT AT THE END OF EVERY ANNUAL RENEWAL TERM ON YOUR ANNUAL RENEWAL DATE WE WILL AUTOMATICALLY RENEW YOUR ANNUAL PROFESSIONAL MEMBERSHIP AND PROCESS YOUR PAYMENT METHOD FOR PAYMENT OF THE ANNUAL PROFESSIONAL LICENSE FEE AT THE THEN-APPLICABLE PRICE FOR AN ANNUAL PROFESSIONAL MEMBERSHIP (said process, "Automatic Renewal"). We will process your Automatic Renewal on or near the same day of each year. If payment is not received within such time period, or if we are unable to renew your ANNUAL Professional Membership based on inaccurate or outdated Payment Method information, we will suspend or terminate your Annual Professional Membership and downgrade your Membership.
For Annual Professional Membership, there is no ability to disable Automatic Renewal other than to terminate your Annual Professional Membership. If you terminate your Annual Professional Membership, you will continue to have access Annual Professional Services until the end of the Annual Renewal Term, your Membership Plan will automatically downgrade and will not be billed for the next billing cycle. A refund may be available under our Refund Policy if you terminate your Annual Professional Membership.
Monthly Professional Membership:
Monthly Professional Membership is a PAID Membership Plan and as such there is a licence fee. We reserve the right to increase or decrease the License Fee for Monthly Professional Membership ("Monthly Professional Licence Fee") at any time; however, to the extent you have paid your Monthly Professional License Fee in advance, the increase or decrease will not become effective for your Monthly Professional Membership until your next Monthly Renewal Term.
If you subscribe to ROSIELAND's Monthly Professional Membership, ROSIELAND grants you a fully revocable, limited, personal, non-exclusive, non-transferable license ("Monthly Professional License") to use our Services, commencing on the Effective Date. Thereafter, your subscription will continue for one month and will automatically renew on the corresponding one month anniversary date ("Monthly Renewal Date") of the Effective Date (each a Monthly Renewal Term) until you terminate your Monthly Professional Membership.
BY SUBSCRIBING TO OUR MONTHLY PROFESSIONAL MEMBERSHIP AND PROVIDING BILLING INFORMATION, YOU GRANT US AND OUR AUTHORISED THIRD-PARTY PAYMENT PROCESSOR(S) THE RIGHT TO PROCESS PAYMENT FOR YOUR MONTHLY PROFESSIONAL LICENSE FEE VIA THE DEBIT CARD OR CREDIT CARD YOU PROVIDED DURING SUBSCRIPTION OR MAINTAINED ON YOUR ACCOUNT (your "Payment Method"). YOU UNDERSTAND AND AGREE THAT AT THE END OF EVERY MONTHLY RENEWAL TERM ON YOUR MONTHLY RENEWAL DATE WE WILL AUTOMATICALLY RENEW YOUR MONTHLY PROFESSIONAL MEMBERSHIP AND PROCESS YOUR PAYMENT METHOD FOR PAYMENT OF THE MONTHLY PROFESSIONAL LICENSE FEE AT THE THEN-APPLICABLE PRICE FOR AN MONTHLY PROFESSIONAL MEMBERSHIP (said process, "Automatic Renewal"). We will process your Automatic Renewal on or near the same day of each month. If payment is not received within such time period, or if we are unable to renew your Monthly Professional Membership based on inaccurate or outdated Payment Method information, we will suspend or terminate your Monthly Professional Membership and downgrade your Membership Plan.
For Monthly Professional Membership, there is no ability to disable Automatic Renewal other than to terminate your Monthly Professional Membership. If you terminate your Monthly Professional Membership, you will continue to have access Monthly Professional Services until the end of the Monthly Renewal Term, your Membership Plan will automatically downgrade and will not be billed for the next billing cycle.
Trials:
From time to time, we may offer trials of our Professional Membership plan for a specified period without payment or in exchange for community contributions (a "Trial"). ROSIELAND reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted by applicable law.
At the end of such Trials, Professional Membership will automatically downgrade. No payment details are requested to gain access to a Trial and payments are not automatically taken at the end of a Trial.
Purchases
If you wish to purchase any product or service made available through our Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information to us or a third-party service provider.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that ROSIELAND is not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information to us, you grant us the right to provide this information to our third-party payment processing service providers for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your Purchase at any time for certain reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. You expressly agree that ROSIELAND cannot accept any liability for loss or damage arising out of such cancellation.
Proprietary Materials
We are the owner or the licensee of all necessary intellectual property rights in all aspects of our Services, including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the "Proprietary Materials"). The Proprietary Materials are protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Proprietary Materials remain the property of us or the licensor, as applicable, and that all updates and modifications to the Proprietary Materials will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Proprietary Materials other than the right to use it in accordance with the terms of the licence we grant you.
You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. You may download permitted content from our Services only for your personal, non-commercial use, unless you obtain ROSIELAND's written permission to otherwise use the content.
ROSIELAND respects the intellectual property rights of our Members, Community collaborators ("Service Partners") and other third-parties and expects our Service Users to do the same when using our Services. Please read our Copyright Policy to find out more about our policies surrounding the infringement of intellectual property rights and copyright on our Services.
Your Content
Some of our Services allow you to post, publish or share content, and to interact or communicate with other Members (collectively referred to as "Shared Content"). You retain all intellectual property rights in, and are responsible for, the Shared Content submitted by you. To the extent that you submit any Shared Content, you represent and warrant that you have all necessary rights, licenses and/or clearances to provide such Shared Content and that such Shared Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
All Shared Content you submit to our Services will be considered non-confidential, and by so doing, you hereby grant us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the Shared Content. This license includes granting ROSIELAND the right to authorise Service Partners to use your Shared Content with Members of our Services. Nothing in these Terms shall restrict other legal rights ROSIELAND may have to Shared Content, for example under other licenses. We reserve the right to remove or modify Shared Content for any reason, including Shared Content that we believe violates these Terms and/or our Acceptable Use Policy.
ROSIELAND respects your intellectual property rights, please see our Copyright Policy for details of the actions to take if you believe your intellectual property rights are being infringed on or through our Services.
Third-Party Content, Services and Links
Through our Services, you will have the ability to access and use content provided by instructors, Shared Content by other Members, and/or other third-parties and links to websites and services maintained by third-parties, these are provided for your information and convenience only. ROSIELAND cannot guarantee that such third-party content, in our Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. ROSIELAND disclaims any responsibility or liability related to your access or use of such third-party content. We have no control over the contents, software, or privacy practices of these third-party services or websites and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party content, services or links through our Services you do so at your own risk.
Modifying and Terminating our Services
Here at ROSIELAND, we are continually trying out new ideas on our Services to find new ways to benefit the community. As such, we will regularly change and improve our Services. We may add or remove features, or functions, and we may stop a Service altogether. Suitably, we may terminate your use of any part of our Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy.
Modifying and Terminating Accounts and Membership Plans
It is our policy to suspend or terminate the accounts of Members who we believe have (a) breached these Terms of Service, our Privacy Policy, Acceptable Use Policy or any other policies we issue; (b) repeatedly infringed or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others; (c) performed fraudulent, abusive or illegal activity. Please note, any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
You agree that ROSIELAND, in its sole discretion, may modify, suspend or terminate your account or Membership Plan for any reason or no reason. You agree that any modification, suspension or termination of your account or Membership Plan may take effect without prior notice. You agree that the ROSIELAND Parties will not be liable to you or any third-party for any such action.
You may terminate your account or your Membership Plan at any time, although we'll have sad faces if you go. You need to contact us on rosie@rosie.land to terminate your account.
You can terminate Professional Membership in your Profile area by clicking ‘Unsubscribe’.
If you cancel a paid Membership Plan you will continue to have access to the current Membership Plan Services until the end of the (Monthly) Renewal Term, your current Membership Plan will automatically downgrade and you will not be billed for the next billing cycle. A refund may be available under our Refund Policy if you terminate a paid for Membership Plan, namely Professional Membership.
Disclaimers of Warranty
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. ROSIELAND PARTIES DO NOT MAKE ANY PROMISE, REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, ROSIELAND PARTIES DO WARRANT THAT OUR SERVICES OR RELATED CONTENT OBTAINED THROUGH OUR SERVICES OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, TIMELY, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ROSIELAND PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROSIELAND PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR USE OF OUR SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF OUR SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ROSIELAND PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, EVEN IF THE ROSIELAND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE ROSIELAND PARTIES HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR REVENUES, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO: (i) THESE TERMS OF SERVICE (ii) YOUR (OR ANY THIRD-PARTY'S) USE OF OR INABILITY TO USE OUR SERVICES (iii) YOUR (OR ANY THIRD-PARTY'S) USE OF OR INABILITY TO USE ANY WEBSITE REFERENCED OR LINKED TO FROM OUR SERVICES; (iv) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.
IN NO EVENT SHALL ROSIELAND’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY ROSIELAND FROM YOU, IF ANY, FOR THE USE OF PAID SERVICES DURING THE PAST TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE, REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ROSIELAND PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO ROSIELAND’S ABILITY TO MAKE OUR SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
Indemnification
You agree to indemnify, defend, and hold harmless the ROSIELAND Parties from any and all claims, liabilities, expenses, losses, costs, debts, obligations, damages or fees (including, but not limited to, legal fees) resulting from any third-party claim, action or demand arising out of or relating to: (i) your use or attempted use of our Services, by you or any person using your account and password; (ii) your breach of any of these Terms, including the policies referenced in these Terms; (iii) your violation of any law or rights of any third-party; (vi) your Shared Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights; or (v) your use of any information obtained from our Services. In such a case, the ROSIELAND Parties will provide you with written notice of such claim, action or demand.
General
Governing Law:
These Terms, your use of our Services, and all other policies issued by us whether referred to by us herein or not, and the relationship between you and us shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your use of our Services, including as to the validity of these Terms or policies issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
Waiver and Severability:
Any delay or failure by us to enforce any right or provision we may have under these Terms, or the policies referenced in these Terms, will not be considered a waiver of those rights. If any right or provision of these Terms, or the policies referenced in these Terms, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remaining rights and provisions will remain in effect.
Assignment:
We may freely transfer or assign any part of our rights or delegate our obligations under these Terms and any of the policies referenced in these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms, or any of the policies referenced in these Terms, without our prior written consent.
No Third-Party Rights:
Only you and we are entitled to enforce these Terms. No third-party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999, which is expressly excluded, or otherwise.
Survival:
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the termination of this Terms of Service.
Entire Agreement:
These Terms, the Privacy Policy, Cookie Policy, Acceptable Use Policy, Refund Policy and the Copyright Policy set out the entire agreement between you and us regarding our Services, and supersede and replace any prior agreements we might have between you and us regarding our Services to the fullest extent permitted by law.
Privacy and Security:
We respect your right to privacy. You acknowledge that by using our Services you consent to the collection, use and disclosure of certain information as set out in our Privacy Policy.
Updates & Amendments to these Terms:
We may update or amend these Terms (as well as any other policies we issue) from time to time to comply with law or to meet our changing business requirements, with or without notice to you. Any updates or amendments will be posted on our Services. Members will be notified through our Services of any updates or amendments to these Terms. In addition, we reserve the right to modify, suspend or discontinue any part of our Services with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use our Services, you agree to be bound by the terms of these updates and amendments.
Referenced Policies:
Effective as of 11th March 2022
