ROCKHOUSE RESERVES THE RIGHT TO REVISE THE TOU AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE. IT IS YOUR SOLE RESPONSIBILITY AND OBLIGATION TO PERIODICALLY REVIEW THE TOU FOR ANY CHANGES BECAUSE SUCH CHANGES ARE BINDING ON YOU.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, INCLUDING ANY CHANGES THAT EXIST WHEN YOU RE-ACCESS THE WEBSITE, AS WELL AS ANY OTHER ADDITIONAL TERMS, RESTRICTIONS AND CONDITIONS IMPOSED UPON YOU IN RELATION TO ROCKHOUSE’S SERVICES AND WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TOU, YOU MUST NOT USE THE WEBSITE.
Authorized Use and Access
You must not use the Website unless you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and you are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in the TOU.
So long as you comply with the TOU, RockHouse hereby grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Website and the services provided thereby. The Website and this license are intended for use by RockHouse’s customers. As such, you may not use the Website for any purpose unrelated to your business with RockHouse. Additionally, you are prohibited from doing any of the following:
- Downloading, copying or transmitting any part of the Website without, or in violation of, a written Content License Agreement and/or any other relevant agreement with RockHouse;
- Hacking or using data mining, robots or any other illegitimate means to gain unauthorized access to any portion or feature of the Website, any systems or networks connected to the Website or to any of the services offered on or through the Website;
- Using the Website to obtain or attempt to obtain any documents, materials, videos, sound bites or information through any means not purposely and expressly made available or designed through the Website;
- Scanning, probing or testing the vulnerability of the Website or breaching the security or authentication measures on the Website;
- Reverse engineering, altering or modifying any part of the Website;
- Registering, unregistering or attempting to register or unregister any party for any RockHouse product or service when you are not expressly authorized by such party to do so;
- Taking any actions that impose an unreasonable or disproportionately large load on the infrastructure of the Website;
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or with any other person’s use of the Website;
- Using the Website for any purpose that is unlawful or prohibited by the TOU, or to solicit the performance of any illegal activity or other activity which infringes the rights of RockHouse, its suppliers or others;
- Posting unsolicited advertisements or repeat bulk-style communications anywhere on the Website; and
- Directly or indirectly selling, licensing, leasing or engaging in any commercial exploitation of the Website unless you have entered into a separate written and fully executed agreement with RockHouse which permits you to do the same.
Ownership of the Website and its Contents
The Website and all content featured on the Website, including without limitation, text, graphics, photographs, images, footage, videos, sound, illustrations, data and software (individually and collectively, “Content”), as well as the design, layout, structure, coordination, selection, expression and arrangement of the Website and Content, is owned, controlled or licensed by RockHouse, its licensors and/or its content contributors, and are protected by trade dress, trademark, copyright and other pertinent intellectual property and unfair competition laws. Except as expressly permitted under the TOU or any other relevant written agreement entered into by and between you and RockHouse, no portion or element of the Website or Content may be copied, publicly displayed, reproduced, republished, posted, uploaded, transmitted or distributed in any manner, and all rights to the Website and/or Content shall remain vested in RockHouse, its licensors and/or its content contributors. Any unauthorized use in violation of this provision constitutes copyright infringement under the U.S. Copyright Act and international copyright laws. Violation(s) of these terms shall be deemed willful, and RockHouse, its licensors and/or its content contributors shall be entitled to enforce its rights to the fullest extent permitted by law.
Any and all RockHouse graphics, logos, and/or service names are protected trademarks or service marks (collectively, the “Trademarks”) owned by RockHouse. Unless expressly authorized in writing by RockHouse, you may not (1) use the Trademarks in connection with any product or service that is not owned or operated by RockHouse; (2) use the Trademarks in any way that would likely confuse you or your business with RockHouse; and/or (3) use the Trademarks in any manner that disparages or discredits RockHouse. All other branding, trademarks and logos appearing on the Website are the property of their respective owners. RockHouse makes no representations or warranties as to these other brands, trademarks and logos.
Any license granted to you herein or by virtue of your Content License Agreement with RockHouse and your account with RockHouse will automatically terminate without notice if you fail to comply with any provision of the TOU. Upon termination, you must delete and destroy all Content obtained from the Website, as well as any and all copies and related documentation thereof.
RockHouse further reserves the right to do any of the following, at any time, without prior notice: (1) modify, terminate or suspend access/operation to part(s) of or the entire Website; (2) modify or change any applicable policies or terms for the Website, including, but not limited to the TOU; and/or (3) interrupt the operation of the Website, or any portion thereof, in order to perform routine or non-routine maintenance, error correction, technical updates or other changes. RockHouse shall not be liable if for any reason, the Website, Content and/or related services is unavailable.
You represent, warrant and covenant that:
- You will not use the Website or Content in any way that is not permitted by the TOU, your Content License Agreement with RockHouse or any other pertinent agreements with RockHouse;
- Your use of the Website and Content will not infringe any patent, trademark, trade secret, copyright or other intellectual property or contract rights of any party;
- You will not use the Website or Content in any way that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, harassing, threatening, abusive, inflammatory, fraudulent, invasive of the privacy and/or publicity rights of any party or that would otherwise create liability or violate any local, state, national or international laws;
- The information you provide to RockHouse and/or the Website is accurate and true, including without limitation, any personal, business and credit card information;
- You agree that your log-in information for the Website will be held in the strictest of confidence, and that you will not share or disclose this information to any other user or third party other than as specifically provided for herein;
- You shall immediately notify RockHouse of any unauthorized use of your account or other breach of security; and
- You accept all responsibility for any and all activities that occur under your account.
RockHouse may provide links to third-party websites as a convenience to you. RockHouse does not endorse or control such third party websites or any links thereto. As such, we do not warrant or make any representations regarding the correctness, accuracy, timeliness, reliability or completeness of the use or results of the use of such third-party websites.
Warning — All META tags, page titles, keywords and other content descriptions used throughout this website are only intended to assist search engines for research and locating purposes. This in no way, shape or form is intended to mislead anyone by implying any official representation and/or relationship exists between this website and the owners of any trademarks, service marks and/or copyrights, which may contain the same keywords and/or titles.
THE WEBSITE, THE MATERIALS AND PRODUCTS ACCESSIBLE OR MADE AVAILABLE THROUGH THE WEBSITE, AND ANY THIRD-PARTY WEBSITES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ROCKHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ROCKHOUSE ALSO DOES NOT WARRANT THAT THE WEBSITE AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER USED TO HOUSE OR STORE THE WEBSITE AND/OR CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKHOUSE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE UNAVAILABILITY OR YOUR USE OF THE WEBSITE AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, DIRECT OR INDIRECT INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OR ANY PUNITIVE DAMAGES.
RockHouse has used reasonable efforts to ensure that any content data and fees stated in the Website are accurate. However, it is possible that as a result of genuine error, such information may be incorrect. In such situations, RockHouse reserves the right to cancel any transaction based on such error and refund any applicable payment. Additionally, RockHouse reserves the right to change and amend the license fees associated with any rights package without prior notice to you. However, RockHouse will endeavor to notify you of any impending price changes.
Limitation of Liability
IN NO EVENT SHALL ROCKHOUSE, ITS PARENT, AFFILIATES OR SUBSIDIARY COMPANIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, ROCKHOUSE’S SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM ROCKHOUSE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE, YOUR ROCKHOUSE ACCOUNT INFORMATION, OR THE CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ROCKHOUSE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ROCKHOUSE FOR ACCESS TO OR USE OF THE SITE.
You agree to defend, indemnify and hold harmless RockHouse, its parent, affiliates or subsidiary companies and their respective directors, officers, members, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (1) your access to or use of the Website; (2) your violation of the TOU (including without limitation the Content License Agreement or any other pertinent agreement entered into by and between you and RockHouse); (3) your violation of any third party right, including without limitation any intellectual property right, property right or privacy right; or (4) any claim that your use of the Website or its Content caused damage to you or a third party. You further agree that RockHouse may at any time and without notice, suspend or terminate your access to the Website if you fail to comply with the TOU or any applicable laws.
DMCA Copyright Infringement Claims
RockHouse respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and such infringed work is accessible on our Website, you may notify us of your infringement claim in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws.
Your infringement claim to RockHouse should be in written form and should include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing or where it is located on the Website, with enough detail that we may find it on the Website;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please also include the following subject line in your copyright infringement claim: “RockHouse DMCA Takedown Request.”
You may submit your copyright infringement claim to RockHouse’s Designated Copyright Agent via email or regular mail. The contact information for RockHouse’s Designated Copyright Agent is as follows:
Agent Designated to Receive Notification of Claimed Infringement: Heather
Address of Designated Agent: 12020 Chandler Boulevard, Suite 200, North Hollywood, California 91607
Attn: Heather Murphy
Telephone Number of Designated Agent: 818-478-4583
Facsimile Number of Designated Agent: 818-478-4510
Email Address of Designated Agent: [email protected]
Upon receipt, RockHouse will process and investigate your copyright infringement claim and take appropriate actions under the DMCA and other applicable laws. In appropriate circumstances, RockHouse, in its sole discretion, may terminate the account holder(s) who infringe the intellectual property rights of RockHouse or any third party.
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
Severability / No Waiver
No failure by RockHouse to enforce any provision of the TOU will be deemed a waiver of any future enforcement of that provision or any other provision contained herein. If any clause in the TOU is found to be unenforceable, void or invalid, that shall not affect any other clause, which shall remain in full force and effect.
Applicable Law and Jurisdiction
You agree that the interpretation and enforcement of the TOU shall be governed according to the laws of the State of California. You further agree that although RockHouse has the ability to enforce its rights against you in any court of competent jurisdiction, you hereby consent to the personal jurisdiction and exclusive venue in Los Angeles, California in the United States of America for the purpose of resolving any dispute relating in any way to your use of the Website or Content.
You may not assign or transfer to anyone the rights granted to you in the TOU without RockHouse’s prior written consent. RockHouse may assign its rights under the TOU without restriction and in its sole and absolute discretion.
All sales are final and cannot be returned or refunded except at RockHouse’s sole option and discretion. If you have any questions regarding our refund policy, please email us at [email protected].
THIS DOCUMENT WAS ORIGINALLY COMPOSED IN ENGLISH AND MAY BE SUBSEQUENTLY TRANSLATED INTO A FOREIGN LANGUAGE. THE FIDELITY OF SUBSEQUENT FOREIGN TRANSLATIONS CANNOT BE GUARANTEED BY ROCKHOUSE. IN THE EVENT OF A CONFLICT BETWEEN THE ENGLISH VERSION AND ANY FOREIGN TRANSLATION, THE ENGLISH VERSION SHALL PREVAIL.
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