Terms of Service
|
RockLibrary.com Terms of Service Effective June 20, 2012 1. GENERAL RULES AND DEFINITIONS 2. ROCKLIBRARY.COM CONTENT AND MEMBER SUBMISSIONS 3. CHATS AND MESSAGE BOARDS 4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS 5. REPRESENTATIONS AND WARRANTIES 6. REGISTRATION AND SECURITY 7. FEES AND PAYMENTS 8. COMMUNICATIONS BETWEEN ROCKLIBRARY.COM AND REGISTERED USERS 9. TERMINATION 10. MISCELLANEOUS
1. GENERAL RULES AND DEFINITIONS 1.1 If you choose to use the Rocklibrary.com Web site ("the Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Rocklibrary.com, an Internet service of THE ROCK AND ROLL LIBRARY ("RRL"). 1.2 The Rock and Roll Library may change, add or remove portions of this Agreement at any time. If it decides to make changes to this Agreement, it will notify you at the email address provided by you and the updated Terms and Conditions of Use (Terms of Service) will be posted at Rocklibrary.com under Terms of Service. 1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING E-MAIL TO: <contact at rocklibrary dot com> (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. 1.4 Rocklibrary.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Rocklibrary.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. ROCKLIBRARY.COM CONTENT AND MEMBER SUBMISSIONS 2.1 The contents of the Rocklibrary.com Internet service are intended for your personal, noncommercial use. All materials published on Rocklibrary.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by The Rock and Roll Library, Rocklibrary.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. 2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part. 2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Rock and Roll Library or the copyright holder identified in the copyright notice contained in the Content. 2.4 Certain Content is furnished by third parties, and The Rock and Roll Library will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from. 2.5 The Rock and Roll Library, RRL, Rocklibrary.com, their marks, logos graphics, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The Rock and Roll Library in the U.S. and/or other countries. The Rock and Roll Library trademarks and trade dress may not be used in connection with any product or service that is not the property of The Rock and Roll Library, in any manner that is likely to cause confusion among visitors, or in any manner that disparages or discredits The Rock and Roll Library. All other trademarks not owned by The Rock and Roll Library that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Rock and Roll Library.
3. CHATS AND MESSAGE BOARDS 3.1 You shall not upload to, distribute or otherwise publish on the chat rooms or message boards any libelous, defamatory, obscene, pornographic, abusive or otherwise illegal material. 3.2 (a) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." 3.2 (b) Use respectful language. Like any community, Rocklibrary.com chats and message boards flourish only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. 3.2 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. The Rock and Roll Library encourages active discussions in our chats and message boards. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service. 3.3 Our chat rooms and message boards shall be used only in a noncommercial manner. You shall not, without the express approval of The Rock and Roll Library, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. 3.4 You are solely responsible for the content of your messages. However, while The Rock and Roll Library does not and cannot review every message posted by you on the message boards and is not responsible for the content of these messages, it reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. The Rock and Roll Library also reserves the right, at any time with or without cause, to revoke the use of a particular screen name or to terminate any user's posting privileges. 3.5 You agree that any submissions you make to the Service (e.g. commentary, media) may be edited, removed, modified, published, transmitted, displayed or used in any other way by The Rock and Roll Library and its licensees in any and all media, whether now known or hereafter devised. 3.6 By submitting a review, you are consenting to its display, in connection with your screen name, on the Service and for related online and offline promotional uses by The Rock and Roll Library and its licensees. 3.7 Any person involved in or affiliated with the production of a work reviewed on Rocklibrary.com may not submit a review for that work or competing works.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS 4.1 Rocklibrary.com contains links to other related World Wide Web Internet sites, resources, and sponsors of Rocklibrary.com. Since The Rock and Roll Library is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES 5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless the Rock and Roll Library, Rocklibrary.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully and reasonably required in the defense of any such claim. The Rock and Roll Library reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. 5.2 The Rock and Roll Library does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY 6.1 As part of the registration process, you will select a username and a password. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a member login of another person with the intent to impersonate that person; (ii) use a another member login without such person's authorization; or (iii) use a member login that The Rock and Roll Library, in its sole discretion, deems offensive or inappropriate. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Rock and Roll Library. 6.2 (a) You shall notify <contact at rocklibrary dot com> of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other sensitive identification. 6.3 You must be 13 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and member login with others, subject to Section 6.4. 6.4 You are responsible for all usage or activity on your Rocklibrary.com account, including use of the account by any third party authorized by you to use your member login and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at The Rock and Roll Library’s sole discretion and The Rock and Roll Library may report you to appropriate law enforcement agencies.
7. FEES AND PAYMENTS 7.1 The Rock and Roll Library reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time The Rock and Roll Library requires a fee for portions of the Service that are now free (e.g., a subscription fee), The Rock and Roll Library will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by The Rock and Roll Library or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
8. COMMUNICATIONS BETWEEN ROCKLIBRARY.COM AND REGISTERED USERS 8.1 We respect your privacy. Communications between Rocklibrary.com and registered users will be made in strict accordance with the Rocklibrary.com Privacy Policy. 8.2. The Rock and Roll Library reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service, in addition to other messages from The Rock and Roll Library related to your account, Rocklibrary.com or The Rock and Roll Library. 8.3 The Rock and Roll Library reserves the right to disclose aggregate information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. For more information, please read the Rocklibrary.com Privacy Policy.
9. TERMINATION 9.1 You may terminate your account at any time by sending e-mail to <contact at rocklibrary dot com>. Your access will be suspended within 1-2 business days, and you will receive e-mail confirmation once this has been completed. You are responsible for any and all charges incurred up to the time the account is deactivated. 9.2 The Rock and Roll Library may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
10. MISCELLANEOUS 10.1 This Agreement has been made in and shall be construed and enforced in accordance with Massachusetts state law. Any action to enforce this agreement shall be brought in the federal or state courts located in Boston, Massachusetts. 10.2 Notwithstanding any of the foregoing, nothing in this Agreement will serve to preempt the promises made in the Rocklibrary.com Privacy Policy. 10.3 Correspondence should be sent by email to <contact at rocklibrary dot com> or by postal mail to The Rock and Roll Library, PO Box 15621, Boston, Massachusetts, 02115 USA. 10.4 You agree to report any copyright violations of the Agreement to The Rock and Roll Library as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in Rocklibrary.com Web service, please notify us email to <contact at rocklibrary dot com> and by postal mail to The Rock and Roll Library, PO Box 15621, Boston, Massachusetts, 02115 USA. |
