forth below are the terms and conditions (these "Terms and Conditions")
governing the Rock-Bands.com web site located at, or linked to through, the
root URL , which may expand or change from time to time (the "Website"). As
used herein, the term 'Rock-Bands.com" refers to Rock-Bands.com, Inc., the sole
owner and operator of the Website; the term "you" or "your" refers to an
individual, representing yourself or, if applicable, acting as legal
representative for a group, business entity or corporation.
READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED
SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH
TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
of Materials Found on the Website: The information, artwork, text, video,
audio, pictures, software and other intellectual property (collectively,
"Materials") contained on the Website are protected by copyright and
international laws. You may only access and use the Materials for personal or
educational purposes or as expressly provided for in applicable Rock-Bands.com
program terms and conditions. You may not otherwise reproduce, distribute,
publicly perform, publicly display, modify or create derivative works of the
Materials, unless authorized by the appropriate copyright owner(s). In the
event that you print Materials found on the Website, you must include any
copyright notice originally included with the Materials on all copies. You may
not link directly to any media file located on an Rock-Bands.com server, and
you should not attempt to "pass off" any Materials as your own work. Any
computer software downloadable or otherwise available on the Website is
provided subject to the terms of the applicable license agreement.
Sites Linked From the Website: Links to third-party web sites from the Website
are not necessarily under Rock-Bands.com's control, and Rock-Bands.com does not
assume any responsibility or liability for any content, opinions or materials
available at such third-party web sites. Rock-Bands.com does not investigate,
monitor or check for accuracy such third-party web sites and Rock-Bands.com
does not intend any such links to third-party web sites to imply
Rock-Bands.com's sponsorship or endorsement thereof. Your use of such web sites
is at your own risk.
the Website: Framing of the Website is permitted only by express agreement with
Rock-Bands.com, and Rock-Bands.com may require if specific measures are to be
taken to avoid user or consumer confusion. Such measures may include, but are
not limited to: clearly attributing the displayed Material to the Website or
providing each user or consumer with the opportunity to visit the Website
directly by, for example, including a tab labeled "Remove Frames."
Rock-Bands.com reserves the right to withhold consent for any reason and any
failure to monitor or control each instance of the framing of the Website shall
not be considered a waiver of any of Rock-Bands.com's rights. Any framing of
the Website shall not imply the endorsement or sponsorship of Rock-Bands.com,
as hereafter defined.
and Trademark Infringement Policy and Notification Procedure: Rock-Bands.com
does not own the art or other written or visual images (collectively, the
"Content") posted by third parties to the Website. All Content is posted by an
individual, group or company (collectively, the "Member") who has represented
and warranted to Rock-Bands.com that, among other things, neither the Content
nor the names, trademarks and service marks under which Content is promoted
(collectively, the "Name") infringes any third party's copyright, patent,
trademark, trade secret or other proprietary rights, rights of publicity or
privacy, or moral rights.
Rock-Bands.com is not in a position to determine who has the prevailing claim
to use any particular Content or Name posted to the Website, its policy on such
matters is that they be resolved directly by the parties alleging misuse of
their Content and/or Name (the "Complainants") and the Members. We recommend
that Complainants immediately notify Members about allegations of infringement
by going to the Member's page on the Website, clicking the Contact tab and
using the email tool provided to transmit a message.
may notify Rock-Bands.com concerning any Content and/or Name being used on the
Website in violation of their rights either by providing all requested
information in the manner described in Nos. 1-9 below. Rock-Bands.com only
shall use information as reasonably necessary to address any allegations
contained therein, which may include disclosing some or all of the information
to Members. In most cases, soon after receiving written notice alleging
infringement, Rock-Bands.com either will remove the allegedly infringing
Content and/or Name from those web pages identified or, at its election, remove
those web pages.
Complainant's full name and if applicable, the name of the business entity
2. Complainant's mailing address and if applicable, the mailing address of the
business entity represented.
3. Complainant's daytime telephone number.
4. Complainant's email address, if any.
5. Description or identification of the Content and/or Name in which exclusive
rights are claimed.
6. Basis for asserting ownership or exclusive rights in the Content and/or
7. URL of all web pages on the Website where the Content and/or Name is known
to be located.
8. Reprint the following sentence: "By submitting this notification of
infringement to Rock-Bands.com, under penalty of perjury and to the best of my
knowledge I attest that none of the information provided herein is false or
misleading, I am the person identified in No. 1 above and I own, or I am
authorized to act on behalf of the owner of the Content and/or Name."
9. Submit - by email, sign electronically, then transmit to ; subject:
Questions concerning Rock-Bands.com's Copyright and Trademark Infringement
Policy and Notification Procedure should be addressed as described in No. 9
note, until receiving notification from Members and Complainants that their
disputes have been resolved, it is unlikely that Rock-Bands.com knowingly will
permit any Member, including the Complainant, to post such allegedly infringing
the Content and/or the Name on the Website. Of course, Rock-Bands.com will be
happy to cooperate as is reasonable with respect to implementing any agreement
among the parties to such a dispute.
Statements: The Website may contain projections or other forward-looking
statements regarding future business events or activities. Rock-Bands.com
cautions you that any such statements reflect only predictions and that actual
developments, results and events might differ materially. Nothing contained on
the Website constitutes a solicitation by Rock-Bands.com of the purchase or
sale of securities.
of Terms and Conditions: Rock-Bands.com may modify these Terms and Conditions
from time to time in its sole discretion. When such modification is made,
Rock-Bands.com will post a revised version of these Terms and Conditions on the
Website. Modifications will be effective when they are posted. Rock-Bands.com
is not required to provide you with notification that any such modification has
been made. It is your responsibility to review these Terms and Conditions from
time to time to be aware of any such modifications. Each time you log on to the
Website, you will be deemed to have accepted any such modifications.
Conduct: You shall use the Website for lawful purposes only. You shall not post
or transmit via the Website any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without Rock-Bands.com's express prior approval, contains advertising or any
solicitation with respect to products or services.
International Use: Rock-Bands.com makes no representation that Materials on
this Website are appropriate or available for use in locations outside the
United States. Those who choose to access the Website from locations outside
the United States do so at their own risk and are responsible for compliance
with local laws.
DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS
AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. ROCK-BANDS.COM MAKES NO REPRESENTATIONS OR
WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS
OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, ROCK-BANDS.COM MAKES NO
REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE. ROCK-BANDS.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR
OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE
THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER
CONTENT. UNDER NO CIRCUMSTANCE WILL ROCK-BANDS.COM BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE,
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION
OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO
YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING
ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
of Liability: By availing yourself of the Website, Materials or related
services, you agree to release and hold Rock-Bands.com and the employees,
officers, directors, shareholders, agents, representatives of Rock-Bands.com,
its advertising, promotion and fulfillment agencies, any entity controlling,
controlled by or under common control with Rock-Bands.com, any third-party
providers or sources of information or data and legal advisers (collectively,
"Rock-Bands.com Affiliates") harmless from any and all losses, damages, rights,
claims and actions of any kind arising from or related to the Website,
Materials or related services including but not limited to: (a) telephone,
electronic, hardware or software, network, Internet or computer malfunctions,
failures or difficulties of any kind; (b) failed, incomplete, garbled or
delayed computer transmissions; (c) any condition caused by events beyond the
control of Rock-Bands.com that may cause the Website or related services to be
disrupted or corrupted; (d) any injuries, losses or damages of any kind arising
in connection with or as a result of your use of the Website, Materials or
related services; or (e) any printing or typographical errors in any materials
associated with the Website, Materials or related services. In addition, you
agree to defend, indemnify and hold Rock-Bands.com Affiliates harmless from any
claim, suit or demand, including reasonable attorney's fees, made by a third
party due to or arising out of your utilizing the Website, Materials or related
services, your violation or breach of these Terms and Conditions, your
violation of any rights of a third party, or any other act or omission by you.
IN NO EVENT WILL ROCK-BANDS.COM BE LIABLE FOR ANY INDIRECT, STATUTORY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT
OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF
ROCK-BANDS.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Provisions: You agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside. Your correspondence or business dealings with, or
participation in promotions of or with parties found on or through the Website,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations applicable to such dealings,
are solely between you and such parties. These Terms and Conditions are
governed in all respects by the laws of the State of Massachusetts as such laws
are applied to agreements entered into and to be performed entirely within
Massachusetts between Massachusetts residents. Legal proceedings related to the
matters herein shall be brought in and adjudicated solely in the courts of
Boston, Massachusetts, United States of America. Both parties consent to
extra-territorial service of process and submit to the jurisdiction of said
courts. If any provision of these Terms and Conditions is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. Rock-Bands.com's failure to act with respect to a breach by
you or others does not waive its right to act with respect to subsequent or
similar breaches. These Terms and Conditions set forth the entire understanding
and agreement of the parties as to the subject matter hereof and supersede all
prior proposals, discussions or agreements with respect thereto. A printed
version of these Terms and Conditions and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to these Terms and Conditions to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
A B C D E F G H I J K
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