RockHouse Live Conditions of Use
Updated January 30, 2010
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The RockHouse Live website is a service offered by RockHouse Live Media Productions, Inc., a Delaware corporation (collectively, "RockHouse Live" "we" or "us"). This Conditions of Use Agreement (the "Conditions of Use" or "Agreement") contains the terms and conditions applicable to your access and use of the web pages and services located at http://www.rockhouselive.com (collectively, the ÒWebsiteÓ), whether accessed via the internet, wirelessly or through any other method. You accept this Agreement by using the Website or accessing any content available through the Website.
RockHouse Live may amend this Agreement at any time by posting the amended Conditions of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively. For your convenience, the date of last revision is included at the top of this page. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE.
1. RockHouse Live's Proprietary Rights and Permitted Use
The Website and the audio and video content available through the Website (the ÒContentÓ) is the sole and exclusive property of RockHouse Live and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by RockHouse Live in writing. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.
So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by RockHouse Live, you are permitted to view, listen to and use the Website and the Content solely for your own personal entertainment purposes; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by RockHouse Live in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content.
You hereby acknowledge and agree that, as between RockHouse Live and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by RockHouse Live.
Special terms may apply to some products or services offered on the Website and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Conditions of Use and, in the event of a conflict, any such terms shall prevail over these Conditions of Use.
You agree not to access the Website by any means other than through a standard web browser. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. If RockHouse Live makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ROCKHOUSE LIVE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF THE WEBSITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.
3. Account Password and Security
The Website contains some features that require registration. At the time you register for online account access, you will select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify RockHouse Live of any unauthorized use of your password or account or any other breach of security. RockHouse Live cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
4. Financial Transactions
You acknowledge and agree that RockHouse Live and/or its agent is authorized to act on payment instructions received from anyone using your account and password. Debit and credit card transactions are facilitated by a third party (the ÒProcessorÓ), and you agree that RockHouse Live may share your information, including information about your debit or credit card account, with the Processor for this purpose.
5. Links to Other Websites and Search Results
The Website may contain links to websites operated by other parties. RockHouse Live provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of RockHouse Live, and RockHouse Live is not responsible for the content available on these third party sites. Such links do not imply RockHouse Live's endorsement of information or material on any other site and RockHouse Live disclaims all liability with regard to your access to and use of such linked websites.
6. Links to the Website or RockHouse Live Content
Unless otherwise set forth in a written agreement between you and RockHouse Live, you must adhere to RockHouse Live's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of RockHouse Live, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with RockHouse Live, (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website, and (iv) RockHouse Live reserves the right to revoke its consent to the link at any time and in its sole discretion.
The trademarks and logos used in connection with the Website are trademarks of RockHouse Live and/or its licensors. Unauthorized use of any RockHouse Live trademark, service mark or logo may be a violation of federal and state trademark laws. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of RockHouse Live by the respective trademark owners.
8. Modifications to Site
RockHouse Live reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that RockHouse Live shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
9. Suspension and/or Termination Rights
RockHouse Live reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your account and/or your ability to access the Website for any reason, including without limitation any breach by you of this Agreement. You agree that RockHouse Live shall not be liable to you or any third-party for any such suspension or termination.
11. Disclosure of Personal and Financial Information
Without limitation of any of the rights granted to RockHouse Live herein, you acknowledge and agree that RockHouse Live may preserve and disclose information about you, your account and transactions made through the Website if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or safety of RockHouse Live, any individual or the public.
The Website is not directed toward children under 13 years of age nor does RockHouse Live knowingly collect information from children under 13. If you are under 13, you are not permitted to register for an account or to otherwise submit any personally identifiable information to the Website.
13. Disclaimer of Warranties
THE WEBSITE, THE CONTENT, AND THE PRODUCTS AVAILABLE FOR PURCHASE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ROCKHOUSE LIVE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCKHOUSE LIVE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT, EVEN IF ROCKHOUSE LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ROCKHOUSE LIVE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ROCKHOUSE LIVE FOR PURCHASES MADE ON THE WEBSITE.
15. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
16. System Requirements
Digital downloads will be provided in MP3 (audio) and FLV (video) formats, and you must have a compatible player to listen to or view such downloads. To use USB devices purchased through the Website you must have a free USB port, at least 1 gigabyte of RAM and one of the following operating systems: Microsoft Windows XP, Microsoft Windows 2000, Apple MacOS 9.1 or later, Apple MacOS X 10.1.2 or later or Microsoft Windows Millennium Edition.
17. Terms of Sale
a) To make a purchase on the site, you must be at least 18 years of age and the age of majority in your jurisdiction.
b) If you do not receive email confirmation of your purchase within one (1) hour after making the purchase through the Website, please email us at firstname.lastname@example.org.
c) With the exception of purchases you agree to pick up in person, we will attempt to ship all purchases within one (1) business day after verifying your order and payment information; provided, however, that we cannot ship a recording of a show until at least seventy-two (72) hours after the performance. If available, tracking information will be provided via email.
d) If you receive a damaged or defective product, or a product you did not order, please return it and all original packaging to: RockHouse Live Returns, 1779 Kirby Parkway, Suite 1-332, Memphis, TN 38120, along with a proof of purchase and a signed statement describing the reason for the return. We will ship you a replacement product after verifying the details of your return.
e) Refunds are available only if a product you order becomes unavailable.
18. Governing Law
This Agreement shall be governed by, and will be construed under, the laws of the State of Tennessee, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Shelby, in the State of Tennessee, to settle any dispute which may arise out of, under, or in connection with this Agreement.
19. Force Majeure
RockHouse Live shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RockHouse Live, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond RockHouse LiveÕs control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
Please direct any questions you may have about this Agreement, or billing or product issues, to us at email@example.com. If you have questions about shipping, please email firstname.lastname@example.org. If you have technical questions or problems with the Website, please email us at email@example.com. Finally, if you have comments or suggestions, please email us at firstname.lastname@example.org.
If any provision of the Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions of Use shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. RockHouse Live's failure to act with respect to any failure by you or others to comply with these Conditions of Use does not waive RockHouse Live's right to act with respect to subsequent or similar failures. These Conditions of Use set forth the entire understanding and agreement between you and RockHouse Live with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of RockHouse Live, and any assignment or transfer in violation of this provision shall be null and void.