Thursday, 21 July 2011 18:53
Site Basics - Rockstar Legal
ACCEPTANCE OF TERMS
We will refer to the rockstarrated.com web site as the "service". We (that is rockstarrated.com and its other business groups and affiliates) will provide the service to you, subject to the following terms and conditions - referred to as the "service agreement" or "sa", which may be updated or modified by us from time to time without notice to you, therefore you need to regularly check this agreement to stay up to date. You can review the most current version of the sa at any time at http://www.rockstarrated.net/termsofservice. Your use of the service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the sa. In addition, when using particular rockstarrated.com services subject to this sa, you and rockstarrated.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are incorporated by reference into the sa. Consequently, please read this service agreement carefully before accessing or using rockstarrated.com. By accessing or using rockstarrated.com, you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not access or use rockstarrated.com. Remember that rockstarrated.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of rockstarrated.com shall be deemed your conclusive acceptance of the modified agreement.
DESCRIPTION OF SERVICE
Rockstarrated.com is the cities newest website providing compelling social media to all of its users. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to the sa. You understand and agree that the service is provided "as is" and that we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user provided content, communications, or personalization settings. In order to use the service, you must obtain access to the world wide web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
Use of the service may require you to register and obtain a password. In return for our enabling you to use the service, you agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the service's registration form (such information being the "registration data") and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
PUBLIC CONTENT POSTED TO ROCKSTARRATED.COM
(a) for purposes of the sa, "publicly accessible areas of the service" are those accessible by the general public. By way of example, a publicly accessible area of the service would include the rockstarrated.com message boards. Please note that this content may be seen by anyone using the service. (b) with respect to all other content you elect to post to publicly accessible areas of the service, you grant rockstarrated.com the world-wide royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) and/or to incorporate it in other works, in any form, media, or technology now known or later developed. (c) you represent and warrant that you have all right, title and interest in, or otherwise have the right to publicly display all content that you post to or transmit through the service and that the content you post to or transmit through the service does not infringe, or dilute any third party right.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any rockstarrated.com site. If you participate in any forum within a rockstarrated.com site, you agree to follow our terms set forth below. You acknowledge that anything you submit to a rockstarrated.com site by way of any forum is routed through rockstarrated.com's servers and the internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the forums and features on rockstarrated.com sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Users or visitors shall remain solely responsible for the content of their messages in the forums. We are not responsible for the content or opinions posted or sent by users in any forum. You take responsibility for postings under your username and use the information provided in the forums at your own risk. We reserve the right to remove or edit content from any forum at any time and for any reason although we have no duty to do so. When participating in a forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.
You may have the opportunity (but not the right) to purchase certain images from the rockstarrated.com website subject to the following: (a) rockstarrated.com reserves the right to (i) change any/all pricing at any time (in its sole discretion) without providing notice to you; and (ii) deny or refuse (in rockstarrated.com sole discretion) your request to purchase, print, or download certain image(s) or data file(s) offered through the rockstarrated.com website; (b) except for your purchase of a digital file, rockstarrated.com grants you a nonexclusive, nontransferable, (without right to sublicense), license to print, copy, store, edit, or modify your image for non-commercial purposes; (c) in addition to all other rights contained in this sa, rockstarrated.com in no way guarantees the accuracy, quality or appropriateness of images available on the rockstarrated.com website; (d) you represent and warrant that your use of any/all image(s) (including digital files) purchased, downloaded, or otherwise obtained from rockstarrated.com will not be (as determined solely by rockstarrated.com) offensive, misleading, deceptive, libelous, defamatory, obscene, intended to harass or annoy, violates the intellectual, proprietary or privacy rights of any third party, or which violates any laws; (e) you may not use the images to create your own photo gallery website for commercial purposes; (f) any images downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such images; (g) in addition to any other rights and remedies available to rockstarrated.com under this sa, you shall indemnify, defend and hold harmless rockstarrated.com and/or conway, llc, and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorney?s fees and cost s) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach by you of any representation or warranty under this agreement (including this section 9); (h) you acknowledge and agree that all images (including data files) ordered through rockstarrated.com by you is your own responsibility and in no way shall rockstarrated.com be responsible for wrong orders, duplicate orders, or the quality of any image(s) or data files. Rockstarrated.com failure to insist upon or enforce strict performance of this section 9 shall not be construed as a waiver of any provision or right set forth in this sa; and (i) rockstarrated.com is not responsible for the privacy practices or services provided by any third-party fulfillment partner to provide you with the image(s) you have requested. This section shall survive completion, cancellation or termination of the agreement.
ROCKSTARRATED.COM'S RIGHTS AND REPRESENTATIONS
(a) rockstarrated.com reserves the right to deny access to you or any group of users to the service, at its sole discretion, at any time. Rockstarrated.com also reserves the right to remove any listings or other information or content from the service at any time and at its sole discretion. (b) rockstarrated.com cannot and does not guarantee or warrant that files available for downloading through the service will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the service for the reconstruction of any lost data. (c) rockstarrated.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service, or any merchants listed on the service, and rockstarrated.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Rockstarrated.com does not warrant that the service will be secure, uninterrupted or error-free or that defects in the service will be corrected. The service is provided on an "as is, as available" basis. In no event will rockstarrated.com (or its directors, officers, employees, suppliers, agents, representatives, distributors or affiliates) be liable for (i) any incidental, consequential, indirect or special damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service or downloaded from the service, even if rockstarrated.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service, including without limitation any directory or event listings or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, rockstarrated.com's liability is limited to the greatest extent permitted by law.
In addition the rockstarrated.com indemnification rights set forth in section 9 above, you agree to indemnify and hold rockstarrated.com and/or conway, llc, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 1) content you submit, post to or transmit through the service, 2) your use of the service, 3) your connection to the service, 4) your violation of this sa, or 5) your violation of any rights of another.
Event information is provided by the venue and / or promoter. Therefore, rockstarrated.com does not guarantee the accuracy, of the information listed on this site. Should you have any questions, please contact the event promoter at the number listed on the event page. Rockstarrated.com will not be liable for any damages of any kind incurred as a result of the information contained here.
MODIFICATIONS TO SERVICE
Rockstarrated.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that rockstarrated.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that rockstarrated.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason (in rockstarrated.com sole discretion), including, without limitation, for lack of use or if rockstarrated.com believes that you have violated or acted inconsistently with the letter or spirit of the sa. Rockstarrated.com may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this sa may be effected without prior notice, and acknowledge and agree that rockstarrated.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that rockstarrated.com shall not be liable to you or any third party for any termination of your access to the service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that rockstarrated.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
The service may provide, or third parties may provide, links to other world wide websites or resources. Because rockstarrated.com has no control over such sites and resources, you acknowledge and agree that rockstarrated.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that rockstarrated.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Use of this site is contingent on acceptance of viewing of any and all advertisements (ads) sent on or by pages of this site. Ads include, but are not limited to: banners, buttons and pop-up windows. Users found to be using screening or filtering systems to remove or hide ads from rockstarrated.com may have their accounts terminated without prior notice or warning. Rockstarrated.com's proprietary rights and idea submissions you acknowledge and agree that the service and any necessary software used in connection with the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by rockstarrated.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. The compilations of the contents of the service are copyrighted under the united states copyright laws. The owner of the copyright is rockstarrated.com and in some cases a third party. Rockstarrated.com grants you a personal, non-transferable, non sub-licensable and non-exclusive right and license to print and download portions of directory or event listings from or other information found on the service solely for your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any downloaded information is strictly prohibited without the express written consent of rockstarrated.com.
You agree to grant to rockstarrated.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any content, including directory listings and other materials or information such as ideas contained therein for new or improved products and services you submit to rockstarrated.com (such as through posting to public areas or mailing to rockstarrated.com) by all means and in any media now known or hereafter developed. You also agree to grant to rockstarrated.com the right to use your name in connection with the submitted content as well as in connection with all advertising, marketing and promotional material related thereto. You grant rockstarrated.com non-exclusive, royalty-free, worldwide permission to implement or use in any manner and in any media any ideas or information contained in your communications. You further agree to release rockstarrated.com from any claims of alleged or actual infringement, or misappropriation of any proprietary rights that may result from such implementation or use.
Any cause of action or claim you may have with respect to the service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. All disputes, controversies or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arising out of or relating to this agreement and the service ("disputes") shall be settled by final and binding arbitration conducted in richmond, virginia (find out if listing one state is okay even if you are operating in multiple cities/states), by a neutral arbitrator, in accordance with this agreement and the then current commercial arbitration rules of the american arbitration association. The arbitrarability of disputes shall also be determined by the arbitrator.
Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The federal arbitration act, 9 u.s.c. sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
Rockstarrated.com is a trademark and/or service marks of rockstarrated.com and/or conway, llc. Other rockstarrated.com products, services and company names mentioned herein and or applicable company websites may be the trademarks and/or service works of rockstarrated.com. Other product, service and company names mentioned herein may be the trademarks or service marks of their respective owners.
This agreement shall all be governed and construed in accordance with the laws of the commonwealth of virginia (find out if listing one state is okay even if you are operating in multiple cities/states) applicable to agreements made and to be performed in virginia (find out if listing one state is okay even if you are operating in multiple cities/states). This site is controlled and operated by rockstarrated.com from its offices within the united states of america. Rockstarrated.com makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Rockstarrated.com's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Rockstarrated.com may assign its rights and duties under this agreement to any party at any time without notice to you. The section titles in the sa are for convenience only and have no legal or contractual effect.
Please report any violations of the SA by emailing on www.rockstarrated.com
Rockstarrated.com reserves the right to change, modify, or update this service agreement at any time without notice.