Last updated: July 28, 2024
For US Residents only
1. Your Relationship With Us
Welcome to Rofhub and MyFame (the “Platform”), operated by Rofhub Inc. in the United States (collectively referred to as “MyFame”, “Rofhub”, “we”, or “us”).
These terms of service (the “Terms”) govern the relationship between you and us and set forth the terms and conditions for accessing and using the Platform and our related websites, services, applications, products, and content (collectively, the “Services”). Access to certain Services or features (such as submitting or sharing User Content) may be subject to age restrictions and not available to all users. Our Services are provided for private, non-commercial use. For the purposes of these Terms, “you” and “your” refer to the user of the Services.
The Terms form a legally binding agreement between you and us. Please read them carefully. If you are under 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure your parent or legal guardian reviews and discusses these Terms with you.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with MyFame, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Rofhub and MyFame Privacy Policy and Community Guidelines, which are available on the Platform or your mobile device’s app store and incorporated by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you use the Services on behalf of a business or entity, then (a) “you” and “your” includes both you and the business or entity, (b) you represent and warrant that you are authorized to bind the entity to these Terms, and (c) your business or entity is legally and financially responsible for your access or use of the Services and for access or use by others using your account, including employees, agents, or contractors.
You accept the Terms by accessing or using our Services, and we will treat this as your acceptance from that point onwards.
Please print or save a local copy of the Terms for your records.
3. Changes to the Terms
We may amend these Terms from time to time, for example, when we update the functionality of our Services or when there are regulatory changes. We will use reasonable efforts to notify users of any material changes, such as via a notice on our Platform, but you should check the Terms regularly for updates. We will also update the “Last Updated” date at the top of these Terms to reflect the effective date. Continued access or use of the Services after the new Terms are effective constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.
4. Your Account with Us
To access some of our Services, you must create an account. You must provide accurate and up-to-date information and keep your details current.
Keep your account password confidential and do not share it with any third party. If you suspect someone else knows your password or has accessed your account, notify us immediately at: info@myfame.com.
You are solely responsible for all activities under your account.
We reserve the right to disable your account at any time, including if you fail to comply with these Terms, if your account activities may cause harm, or if they violate third-party rights or applicable laws.
To delete your account, contact us at: info@myfame.com. Once deleted, you cannot reactivate your account or retrieve any content or information.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
You may not:
- Access or use the Services if you are not legally competent to agree to these Terms or authorized to use the Services by your parent or legal guardian.
- Make unauthorized copies or modifications, or create derivative works of the Services or any content included therein.
- Distribute, license, transfer, or sell the Services or any derivative works thereof.
- Use the Services, without our express written consent, for unauthorized commercial purposes, including advertising or solicitation.
- Interfere with the proper working of the Services or bypass any measures to prevent or restrict access.
- Use automated scripts to collect information or otherwise interact with the Services.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- intimidate or harass, or promote sexually explicit material, violence, bullying, trolling or discrimination based on ethnicity, caste, race, sex, religion, nationality, disability, sexual orientation or age;
- Use another’s account without authorization or create a false identity.
- Upload harmful materials, such as viruses or malware.
- Post private information of any third party or infringing material.
- Engage in any activity that violates these Terms, our Community Guidelines, or applicable laws.
We reserve the right to remove or disable access to content at our discretion for any reason. Our systems analyze your content to provide personalized features, such as tailored advertising and spam detection.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. Access to and use of the Services is subject to our Copyright Policy.
7. Content
Rofhub and MyFame Content
All content on the Services, including software, images, text, graphics, and trademarks (the “Rofhub or MyFame Content”), is owned or licensed by Rofhub or MyFame. Use of Rofhub or MyFame Content is strictly prohibited without our prior written consent. You acknowledge that we may generate revenue from your use of the Services and that you have no right to share in any such revenue.
Subject to these Terms, you are granted a non-exclusive, limited, non-transferable license to access and use the Services for personal, non-commercial use. Rofhub and MyFame reserves all rights not expressly granted.
User-Generated Content
Users may upload or transmit content (such as text, photos, videos) through the Services (“User Content”). User Content must comply with the standards set out in these Terms and our Community Guidelines.
By submitting User Content, you grant us an irrevocable, non-exclusive, royalty-free license to use, modify, reproduce, and distribute your User Content. You also waive any moral rights in the User Content.
We have the right to disclose your identity to any third party claiming that your User Content violates their rights. We may remove or block access to User Content that violates these Terms or is deemed objectionable.
8. Indemnity
You agree to indemnify Rofhub and MyFame and its affiliates from any claims arising from your breach of these Terms or your use of the Services.
9. Exclusion of Warranties
The Services are provided “as is” without warranties. We do not guarantee that the Services will meet your requirements, be uninterrupted, secure, or error-free.
10. Limitation of Liability
We are not liable for indirect or consequential losses, loss of profit, goodwill, data, or other intangible losses arising from your use of the Services.
11. Other Terms
Open Source
The Platform contains open source software, subject to its own license terms.
Entire Agreement
These Terms constitute the entire agreement between you and Rofhub and MyFame and replace any prior agreements.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver.
Security
We do not guarantee that the Services are secure or free from bugs or viruses.
Severability
If any provision of these Terms is invalid, the remaining provisions will remain in effect.
12. Dispute Resolution
Disputes must be resolved amicably first. If unresolved, they are governed by Delaware law and must be filed in Delware courts.
13. App Stores
Supplemental terms apply when accessing the Platform through specific devices, such as those made by Apple, Microsoft, Amazon, or Google.
14. Contact Us
For questions or comments regarding these Terms, contact us at: info@myfame.com.
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.