ROCK.COM TERMS OF SERVICE
THESE TERMS ARE APPLICABLE TO ROCK.COM, CONNECTIONS.ROCK.COM, COMMUNITY.ROCK.COM, OFFICIALMERCHANDISE.COM AND ALL SUBDOMAINS OF ROCK.COM AND THE
WEBSITE ROCKMERCH.COM AND MERCHUNIVERSE.CO.UK
ACCEPTANCE OF TERMS
Rock.com, Inc. (“Rock.com”)
provides the Rock.com Web site and the features, content and services on the
Rock.com Web site (collectively, the “Service”) to you, subject to the
following Terms of Service (the “TOS”). By accessing the Service or any portion thereof, you signify your
agreement to all terms, conditions, and notices contained or referenced in the TOS. If you do not agree to the TOS,
do not use the Service. Rock.com reserves the right, at its discretion, to update or revise the TOS from time to
time without notice to you. Please check the TOS periodically for changes. You can review the most current
version of the TOS at any time at
http://www.rock.com/TermsOfUse.htm. Your continued use of this Service following the posting of any changes to the
TOS constitutes acceptance of any such changes. In addition, when using particular services or features of the Service,
you shall be subject to any guidelines or rules applicable to such services which may be
posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
The Addendum attached at
the bottom of the TOS will, in conjunction with the TOS, govern all use of the
Rock.com online store located at store.rock.com
and RockMerch.com and MerchUniverse.co.uk (“Online Store”) and OfficialMerchandise.com. In the
event you have a concern, claim or dispute relating to your use of the Online
Store, please refer to the additional terms and conditions set forth in the Addendum.
Information you supply
about yourself through any registration form on the Service (the “Registration
Data”) and certain other information about you is subject to our Privacy
Policy, as well as the privacy policies of certain of Rock.com’s Service
You understand that through your use of the Service you consent to the
including the transfer of this information to the United States and/or other
countries for storage, processing, and use by Rock.com, its affiliates and
DESCRIPTION OF SERVICE AND GENERAL
Description of Service.
The Service provides a collection of on-line resources, including
without limitation: (a) email accounts (“Email Service”); (b) access to Internet audio transmissions
(“Audio Service”); (c) access via the Internet to music videos and text and
video news regarding the music and entertainment industries (“News
Service”); (d) a forum to upload and listen to music from independent artists
(“Independent Music Service”); (e) a personal Web page hosting service
(“Web Hosting Service”); (f) a sub-domain redirection service permitting
redirection to another Web site by means of a rock.com sub-domain selected by
the user (“Redirection Service”); (g) a social networking service that
allows users to create personal profiles and communicate through chat,
confidential messaging, online forums and other communications tools (“Social
Network Service”); (h) the ability to purchase merchandise and concert tickets
(“Merchandise Service”); (i) a concierge service, in which Rock.com assists
users in locating and purchasing concert tickets and related travel services and
accommodations (“Concierge Service”); and (j) the ability to access and play
Internet-based games (“Game Service”). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for Rock.com to
provide the Service. You also understand and agree that the Service may include certain
communications from Rock.com and its Service Providers, such as product/service
announcements, administrative messages, special offers and newsletters, and that
these communications are considered part of Service membership and you will not
be able to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of new Rock.com
properties or services, shall be subject to the TOS.
Rock.com reserves the right, at any time and without prior notice, to: (a)
establish different membership levels, such as trial and full memberships, that
provide different Service features and privileges; (b) charge fees for access to
the Service or any portion thereof, or for participation in different membership
levels; and/or (c) require users to take other actions to obtain or maintain
participation in certain membership levels, including without limitation making
qualifying purchases through the Service. In consideration of your use of the
Service and/or participation in certain membership levels, you hereby agree to
pay Rock.com any such fees or take such other qualifying actions specified
within the Service, as modified determined by Rock.com from time to time in its
sole discretion. Unless otherwise specified, all fees are due immediately and
are non-refundable. Set up fees, if any, will become payable on the applicable
effective date for the applicable portion of the Service. You agree to pay all
value added, sales and other taxes related to the services or payments made by
you hereunder. All payments of fees for Rock.com services shall be made in U.S.
dollars. In the event that you fail to make timely payment of fees that have
become due and payable, such failure shall constitute a material breach of the
TOS, and, in addition to any other remedies available to Rock.com: (a) Rock.com
may permanently or temporarily suspend your access to the Service until such payment is received; (b) all
sums due and payable that remain unpaid will accrue interest as a late charge of
1.5% per month or the maximum amount allowed by law, whichever is less ; and (c)
you will be liable for any attorney fees, collections agency fees and other
service fees that Rock.com incurs to collect unpaid fees.
Access to Service.
You are responsible for obtaining access to the Service, and that access
may involve third-party fees (such as Internet service provider, telephone or
airtime charges). You are responsible for those fees. In
addition, you must provide and are responsible for all equipment necessary to
access the Service.
Registration, Accounts and Passwords.
In consideration of your use of the Service, you represent that: (i) you are of legal age to form a binding contract; or (ii) your
registration for, and use of, the Service is expressly authorized by a parent or
guardian of legal age to form a binding contract and who agrees to be bound by
the TOS. You further represent that you have provided accurate information regarding your age as part of the
Registration Data and that you are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. Your right to use the Service is personal to you.
Therefore, a user may only be an individual, not a corporation or other business entity. You also agree to:
(a) provide true, accurate, current and complete Registration Data; and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current and
complete.  Note that providing and maintaining an accurate Alternate Email address is required for use of the service.;If you provide any information that is untrue, inaccurate, not current or incomplete, or Rock.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Rock.com has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof). You will receive a password and account designation upon completing the Service's registration
process. Your password and account are solely for your personal use, and you shall not authorize others to use your
account, including your profile or email address. You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under your
password or account. You agree to: (x) immediately notify Rock.com of any unauthorized use of your password
or account or any other breach of security; and (y) ensure that you exit from
your account at the end of each session. Once an email address has been upgraded to a Premium Email account, it is no longer
eligible to be used as a free, standard account after the subscription ends.
Neither Rock.com nor its Service Providers will be liable for any loss or damage arising from your failure to comply with this section.
Rock.com is concerned about the safety and privacy of all its users, particularly
children. The Service is not directed to children under the age of 13. Children under the age of 18 may only register for the Service with the express consent
of, and supervision by, a parent or legal guardian. When you, as a parent or guardian, permit a child to access the Service,
you represent and agree that: (a) you are fully bound by the TOS; (b) you
shall ensure that your child complies in all respect with the TOS and you shall
be responsible for any breach by your child of any term or condition of the TOS;
(c) you consent to Rock.com’s collection, use and disclosure of registration
data and other personal information from your child in accordance with the
personally bound by the terms of such transaction as the actual party in interest, and your child is acting on
your behalf and at your direction solely as an authorized agent. Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility
to determine whether any portion of the Service and/or User Content (as defined in Section 3.6 below) are appropriate for your child.
If you, as a parent or guardian, object to, or have concerns regarding,
your child's use of the Service, you may send Rock.com an email at
requesting cancellation of your child’s account. Upon receipt of such message and upon reasonable verification of your
identity, Rock.com will terminate and delete the child’s account and all
associated registration information and send you an email confirmation of such
deletion; provided, however, that you should not assume that Rock.com has
received and processed your initial cancellation request until you receive such
email confirmation from Rock.com. Webmail only accounts will be suspended upon approximately 60 days of inactivity.
There is no means to terminate an account prior to this 60 day window unless the account has been upgraded or established as a Premium Account.
Once an email address has been upgraded to a Premium Email account, it is no longer eligible to be used as a free, standard account after the subscription ends.
Furthermore, Rock.com encourages you to install
parental control software on your computer permitting you to block your child’s access the Service.
Rock.com may delete your account and/or profile, including any related
User Content, without warning if it discovers that you are misrepresenting your
age. Please be aware that the Service may contain certain features and/or areas that are suitable for access
only by adults. In such event, you must be at least 18 years of age to access and view such features and/or areas.
User Content and Member Conduct.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials that any user stores on the Services or posts, sends, publishes or otherwise transmits by any
means through the Service (collectively “User Content”) are the sole
responsibility of the person from which such User Content originated. This means that you, and not Rock.com
or its Service Providers, are entirely responsible for all User Content that you upload, post, email, transmit
or otherwise make available via the Service. Rock.com does not control the User Content posted via the Service and, as
such, does not guarantee the accuracy, integrity, legality or quality of such User Content. You understand that by
using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or violative of
third-party rights. Under no circumstances will Rock.com or its Service Providers be liable in any way for
any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or
damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made
available via the Service. Additionally, items (a) through (q) below apply to
content that is submitted as private for friends only. It it further
understood that there is no guarantee that content that is submitted as private
for friends only will only be displayed as such, as further distribution of such
content cannot be controlled, nor is there any guarantee that the Service will
retain such content as private. As such, the Service will not be liable for the
dissemination of content noted as private or for friends only.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any
User Content that is false or misleading, promotes illegal activities, unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
patently offensive, libelous, invasive of another’s privacy, hateful, or
racially, ethnically, or is otherwise objectionable;
harm minors in any way, provide User Content that exploits
people under the age of 18 in a sexual or violent manner, or solicit personal
information from anyone under 18;
impersonate any person or entity, including, but not limited
to, a Rock.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any User Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any
User Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any
User Content that infringes, or contributes to or facilitates the infringement
of, any patent, trademark, trade secret, copyright or other proprietary rights
of any party, including, without limitation, pirated computer programs or links
to them, information to circumvent manufacturer-installed copy-protect devices,
or pirated music or films or links to pirated music or film files;
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of
solicitation, except in those areas (if any) that are clearly designated for
such purpose (for the purposes of the TOS, "spam" has the meaning
generally understood among Internet users, and includes without limitation
"unsolicited electronic mail advertisements" as that phrase is defined
under California Business and Professions Code section 17538.45 or any successor
upload, post, email, transmit or otherwise make available any
material that contains software viruses, spyware or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment or designed to
collect, transmit or monitor private information or activities of users;
disrupt the normal flow of dialogue, cause a screen to
“scroll” faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users’ ability to
engage in real time exchanges;
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service, including, without limitation,
imposing an unreasonable or disproportionately large load (as determined by
Rock.com in light of the load imposed by other users generally) on the
infrastructure of Rock.com or its Service Providers, or using any "bot"
or other automated repetitive or iterative mechanism or the like to gain any
sort of benefit from Rock.com or any of its Service Providers;
intentionally or unintentionally violate any applicable local,
state, national or international law or regulation, including, but not limited
to any rules or regulations promulgated by any securities regulatory agency or
“stalk” or otherwise harass another;
post, transmit, publish or otherwise make available passwords or any
other personal or personally identifiable information of any individual;
solicit, collect, store, transmit or publish personal or
confidential information of other users or third parties by means of fraud,
false pretenses or “phishing” schemes;
provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States government as
a foreign terrorist organization pursuant to Section 219 of the Immigration and
promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual, or
promote any act of cruelty to animals, including, without limitation, providing
instructions on how to assemble bombs, grenades and other weapons, creating
computer viruses and creating "Crush" sites; or
engage in the following commercial activities:
stating or implying any
affiliation with, or endorsement by, Rock.com in connection with offering for
sale or barter any products or services;
reselling or relicensing
the Service or any portion thereof in any form;
promoting advertising or
advertisers or sponsors; or
sweepstakes or contests.
acknowledge that Rock.com does not pre-screen User Content, but that Rock.com
and its Service Providers shall have the right (but not the obligation) in their
sole discretion to refuse or remove any User Content that is made available via
the Service. Without limiting the foregoing, Rock.com and its Service Providers
shall have the right, without notice, to monitor and review the Service (including
without limitation user accounts and any User Content stored in public and non-public
areas of user accounts), and remove User Content, in the event that Rock.com or its Service
Providers: (a) suspect that any user activity or any User Content violates the TOS,
violates applicable laws or regulations or rights of third parties, or is otherwise objectionable; or (b)
need to diagnose and/or correct potential problems with the Service. You agree that you must
evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the
accuracy, completeness, or usefulness of such User Content. Similarly,
you acknowledge that you may not rely on any content of the Service created or
submitted to Rock.com or its Service Providers, including without limitation
information in the News Service, and in all other parts of the Service.
If you believe your copyrighted content has been posted without your consent,
please contact email@example.com so we can
remove such content.
acknowledge and agree that Rock.com and/or its Service Providers may, without
notice, review, preserve, copy and disclose User Content (including without
limitation any User Content stored in public and non-public areas of user
accounts) to service providers, law enforcement officials, courts and/or other
third parties if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) conform to legal requirements
or to comply with a subpoena, search warrant or other legal process received by Rock.com or its
Service Providers, whether or not a response is required by applicable law; (b) enforce the TOS or
to protect the rights of Rock.com or its service providers; (c) respond to
claims that any User Content violates applicable laws or regulations or the
rights of third parties; or (d) protect the rights, property, or safety of the
public and users of the Service.
NEITHER ROCK.COM NOR ANY SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER ARISING IN
CONNECTION WITH ANY REPRODUCTION, RELEASE OR DISCLOSURE OF USER CONTENT PURSUANT
TO THIS PARAGRAPH. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE,
UNDER NO CIRCUMSTANCES SHALL ROCK.COM HAVE ANY LIABILITY OR RESPONSIBILITY IN CONNECTION WITH:
(I) ANY RELEASE OR DISCLOSURE OF USER CONTENT BY ANY SERVICE PROVIDER
UNDER THIS PARAGRAPH, EVEN IF SUCH RELEASE OR DISCLOSURE RESULTS FROM MISTAKE,
ERROR IN JUDGMENT, NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SUCH SERVICE
PROVIDER; OR (II) ANY FAILURE OR REFUSAL OF A SERVICE PROVIDER TO COMPLY WITH A
SUBPOENA, SEARCH WARRANT OR OTHER LEGAL PROCESS WHERE USER CONTENT IS CONTROLLED
BY SUCH SERVICE PROVIDER. Subject to the foregoing limitations, subpoena
requests may be initiated by sending an email to firstname.lastname@example.org, and Rock.com
will respond to such request or provide information regarding how to contact the
Service Provider that can respond to such request.
understand that the technical processing and transmission of the Service,
including your User Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by Rock.com and/or Service
Providers. You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
Export Restrictions. Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable User Content.
Specifically, 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.
General Practices Regarding Use and
Storage. You acknowledge that Rock.com and its Service Providers may establish
general practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board
postings or other uploaded User Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Rock.com’s servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a given
period of time. You agree that neither Rock.com nor its Service Providers
has any responsibility or liability for the deletion or failure to store any messages
and other communications or other User Content maintained or transmitted by the Service.
You further agree that neither Rock.com nor its Service Providers has any
responsibility or liability for any interrruption of the Service, inability to
access the Service, and any failure to transmit or receive any message or other
communication or content of any kind in connection with the Service. You acknowledge and agree that Rock.com reserves the right to terminate
and delete accounts, including any related User Content, that are inactive for
an extended period of time. You further acknowledge and agree that Rock.com
reserves the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
Modifications to Service.
Rock.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 neither Rock.com nor its Service
Providers shall be liable to you or to any third party for any modification,
suspension or discontinuation of the Service.
The Service may provide, or third parties may provide, links to other Internet sites
or resources. Because Rock.com does not evaluate, and has no control over,
such sites and resources, you acknowledge and agree that Rock.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 Rock.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. You should
carefully review the privacy statements and other conditions of use governing such sites or resources.
Participation in Rock.com Contests and
By entering or participating in any promotion, contest or prize-related
activity provided or promoted on the Service, participants agree to release,
discharge, and hold harmless Rock.com, its Service Providers and participating
sponsors, affiliates, subsidiaries and their respective officers, directors,
employees, and agents from any injury, loss, liability, damages or other harm of
any kind that may arise out of participation in such promotion, contest or
activity or out of acceptance, use, misuse, or possession of prizes.
By participating, you agree to the decisions of the judges regarding
contest winners, which are final and binding in all respects. Further, you agree and
give permission to use your name and likeness without compensation in perpetuity in connection
with such promotion, contest or activity. Void where prohibited by
law, rule, or regulation. All federal, state, and local laws, rules, and regulations shall apply.
ADDITIONAL SERVICE OBLIGATIONS
Certain third-parties (“Service Providers”) provide services in
connection with portions of the Service (including the Online Store) on behalf
of Rock.com (“Provider Services”). The
Service Providers include, but are not limited to, the following:
(a) IBM Corp provides services in connection with the Email
Service and Social Network Service; (b) Live365, Inc. provides services in connection with the Audio
Service; (c) IndieClick Media Group, Inc. provides services in connection with the Streaming
Videos Service; (d)
provides services in connection with the Social Network Service; (e)
IndieClick Media Group, Inc, and Gorilla
Nation Media, LLC, ValueClick, Inc., Google Inc., and Casalemedia, Inc. provide certain advertising services in connection with the Service.
In the course of using such Provider Services, you may become subject to
the terms and conditions of such Service Providers.
In the event of any conflict between such terms and conditions and the
TOS, the TOS shall control. To the
fullest extent permitted by law, Rock.com and Service Providers disclaim any and
all liability for any damage, expense or other harm that may arise in connection
with your use of any Provider Service or in connection Rock.com's use of any
logos, trademarks, or intellectual property of any kind of
Service Providers. You further
agree that each Service Provider shall be a third-party beneficiary to certain
indemnities, limitations of liability and disclaimers of warranty where
specifically stated in the TOS, and that such provisions are made expressly for
the benefit of the Service Providers and are enforceable by Service Providers in
addition to Rock.com.
Email Service. When
you provide an alternate email address upon registration, you agree to receive
email notification and other messages at that address including, without
limitation, offers sponsored or delivered by Rock.com or its Service Providers.
To cancel any mailings to your alternate email address (as noted above)
follow the removal/cancellation notices provided with any mailing.
Rock.com reserves the right to send information notices and targeted
marketing messages to any or all users’ Rock.com email addresses created
through the Email Service without the right to opt out.
Furthermore, Rock.com may review and use the content of messages sent
through the Email Service to generate targeted communications to users.
Rock.com may also provide such Rock.com email addresses and message
content to third-party marketers and advertisers and permit such third parties
to send targeted marketing and advertisement communications to such email
addresses without the right to opt out. For
Note that email accounts that have not been accessed for an extended
period will be permanently purged on a continual basis, including all stored
messages, and related email addresses will be made available to other users of
the Email Service.
Audio Service. You
may not, by means of linking, redirecting or any other method, make available or
list any Internet radio program generated by or offered through the Audio
Service or Rock.com’s or its Service Provider’s servers on any other Web
site or in any other medium without the prior express written permission of
Rock.com or its Service Provider. You may not download or store any sound
recordings or Internet radio programs from the Audio Service to the hard drive
of your computer. Rock.com may take any action with respect to the Audio
Service if Rock.com believes, in its sole discretion, that the Audio Service may
create liability for itself or any third parties or may cause Rock.com to lose
(in whole or in part) the services of its Service Providers, ISPs, vendors or advertisers.
Independent Music and Video Service. You understand and agree that you will receive no compensation with
respect to any permitted use of any User Content you submit or upload to the
Independent Music and Video Service, a component of the Rock.com Social Network. Neither Rock.com nor its Service Provider
is under any obligation to post or use any User Content you may provide and
either Rock.com or its Service Provider may remove any User Content at any time
in its sole discretion. USER AGREES THAT NO PUBLISHER OR PERFORMANCE
ROYALTIES WILL BE PAID ON ANY WORKS SUBMITTED TO THE INDEPENDENT MUSIC AND VIDEO
USER MAY REMOVE WORKS AT ANY TIME DIRECTLY THROUGH THE INDEPENDENT MUSIC AND
VIDEO SERVICE OR BY NOTIFYING ROCK.COM AT email@example.com.
As further provided in Section 5.4, by submitting or posting User Content
to the Independent Music and Video Service, you warrant and represent that:
(a) you own or otherwise have the right (including, without limitation,
consent from all composers and band members having any rights to the User
Content) to submit and upload any User Content to the Independent Music and
(b) that each person depicted or described in such User Content, if any, has
consented to your submission and upload of the User Content; and (c) neither the
User Content nor any license to the User Content granted herein violates or will
violate any intellectual property right or proprietary right of any third party.
Web Hosting Service. Users of the Web Hosting Service are prohibited from:
(a) using any home page of any personal Web site as storage for remote
loading or as a door or signpost to another home page, whether inside or beyond
Rock.com; (b) publishing restricted or password only access pages or hidden
pages, text or images (those not linked to or from another accessible page); (c)
having multiple personal Web sites on Rock.com in order to circumvent storage
limitations or for any other purpose; (d) displaying on any page of any personal
Web site a sponsorship banner of any kind, including those that are generated by
banner or link exchange services; and (e) displaying on any page of any personal
Web site banners for services that provide cash or cash-equivalent prizes to
users in exchange for hyperlinks to their Web sites.
As further provided in Section 6 below, Rock.com, through its Service
Providers, runs advertisements and promotions on personal Web sites.
By creating your personal Web site on the Web Hosting Service, you agree
that Rock.com and its Service Providers have the right to run such
advertisements and promotions. You also agree that you will not attempt
to block or otherwise interfere with advertisements displayed on your personal
immediate termination of the Web Hosting Service. The manner, mode and extent of
advertising by Rock.com and its Service Providers on your personal Web site is subject
to change at any time without notice.
Social Network Service.
Please choose carefully the information you post on the
Social Network Service and that you provide to other users. YOU ARE SOLELY
RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT
ROCK.COM DOES NOT IN ANY WAY SCREEN ITS USERS, NOR DOES ROCK.COM INQUIRE INTO
THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.
ROCK.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR
THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. IN NO EVENT SHALL
ROCK.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF
OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF
THE SOCIAL NETWORK SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY,
EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR
MEETINGS WITH OTHER REGISTERED USERS OF THE SOCIAL NETWORK SERVICE OR PERSONS
YOU MEET THROUGH THE SOCIAL NETWORK SERVICE. YOU AGREE TO TAKE
REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SOCIAL
NETWORK SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU UNDERSTAND THAT ROCK.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED,
REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE
SOCIAL NETWORK SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL
INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER
USERS. OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR
CONTENT MADE AVAILABLE THROUGH THE SOCIAL NETWORK SERVICE, BUT NOT DIRECTLY BY
ROCK.COM, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE
RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.
ROCK.COM DOES NOT: (A) GUARANTEE THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION ON THE SOCIAL NETWORK SERVICE, OR (B) ADOPT,
ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SOCIAL NETWORK
SERVICE. UNDER NO CIRCUMSTANCES WILL ROCK.COM OR ITS SERVICE
PROVIDERS OR AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM
YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SOCIAL NETWORK
SERVICE OR TRANSMITTED TO OR BY ANY USERS. As further described in the Privacy
Policy, Rock.com reserves the right to: (a) automatically establish for you a
Social Network Service profile if you registered for the Email Service or any
other part of the Service; and (b) automatically display in your Social Network
Service profile any and all Registration Data you provided when filling out any
registration form in connection with the Service, including without limitation
your username and information relating to your age and geographic location. IN
NO EVENT SHALL ROCK.COM HAVE ANY LIABILITY WHATSOEVER RESULTING FROM
ESTABLISHING ANY SOCIAL NETWORK SERVICE PROFILE FOR YOU OR FOR DISPLAYING ANY OF
YOUR REGISTRATION DATA IN YOUR SOCIAL NETWORK SERVICE PROFILE. NOTE THAT ANY
CONTENT YOU LOAD TO THE SOCIAL NETWORK, INCLUDING IMAGES, AUDIO FILES, VIDEO, AS
WELL AS TEXT CAN EASILY BE CAPTURED OR DOWNLOADED AND REDISTRIBUTED BY OTHER
SITE VISITORS AND ROCK.COM TAKES NO RESPONSIBILTY AND HAS NO LIABILITY REGARDING
ANY USE OF YOUR CONTENT THAT YOU DO NOT DESIRE OR AUTHORIZE, EVEN IF POSTED AS
PRIVATE OR FOR FRIENDS ONLY. You shall not include in your Social Network Service profile
any of the
following items: unfair, misleading or deceptive content; telephone numbers; street
addresses; or last names; and any photographs posted by you may not contain
nudity, sexually suggestive imagery, violence, or offensive subject matter. Rock.com reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including email) by you, or to restrict, suspend, or
terminate your access to all or any part of the Social Network Services at any
time, for any or no reason, with or without prior notice, and without liability.
Information provided by other Social Network Service users (for instance,
in their profile) may contain inaccurate, inappropriate or offensive material,
products or services, and Rock.com assumes no responsibility or liability for
this material. The Social Network Service is for the personal use of users
only and may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by Rock.com. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from user profiles and/or postings without notice and may result in termination
of user privileges. Rock.com reserves the right to take appropriate legal action for any illegal
or unauthorized use of the Social Network Service. Rock.com reserves
the right, but shall have no obligation, to monitor or intervene in disputes
between you and other users.
Under no circumstances shall you use the
Service to upload, post, transmit, publish or otherwise make available passwords
or any other personal or personally identifiable information of any individual.
Further, Rock.com will not be liable for any inappropriate access to or compromise of a users's email
or social network account or password, even if such access or password distribution was granted through
an error on the part of Rock.com or for any other reason.
As further provided in Section 6, except as otherwise provided in the
Addendum below with respect to the Online Store, any contract or order for
merchandise or tickets through the Merchandise Service is between you and the
applicable Service Provider, and Rock.com shall have no liability or obligation
in connection with such contract or order, including, without limitation, any
liability of obligation for: (a) any
late delivery, mis-delivery, non-delivery, loss or destruction of merchandise or
tickets or cancellation, postponement or modification of related concerts or
events; (b) any defects in merchandise or tickets or any misrepresentation by a
Service Provider regarding the nature or quality of merchandise or tickets; or
(c) any billing errors or inaccuracies or any loss or misuse of personal or
financial information by a Service Provider.
Without limiting the scope of any other applicable disclaimer set forth
in the TOS, Rock.com does not warrant or guarantee any merchandise or tickets
purchased through the Merchandise Service in any way and hereby disclaims any
and all warranties, representations or guarantees made by any Service Providers
in connection with any such merchandise or tickets.
Concierge Service permits users to contact Rock.com for assistance in locating
and purchasing concert tickets and related travel services and accommodations in
two ways: (i) via special pages on the Rock.com site; and (ii) via a phone
number designated on the site through which users speak with a live representative.
Rock.com will only make the Concierge Service available to registered
Rock.com members, who will be required to provide a valid username and password
to use the service. All of the provisions is Section 4.8 apply with equal force to the Concierge Service,
including without limitation any tickets and travel-related services.
Is an Intermediary. Rock.com
acts solely as an intermediary to assist users in contacting third-party Service
providers and vendors of tickets and travel and other related services
(“Concierge Vendors”), which have no affiliation with Rock.com. The Concierge Service is provided solely to assist users in determining
the price and availability of tickets and travel-related goods and services and
to make legitimate reservations or otherwise transact business with Concierge
Vendors. Accordingly, Rock.com does not provide tickets or related
services directly and is not directly involved in any sale transaction between
users and such Concierge Vendors. Tickets sold to users who access the
Concierge Service are generally from Concierge Vendors that are secondary ticket
market brokers and are being resold in many cases above the price or "face value" listed on the ticket.
Rock.com and its Service Providers are not directly affiliated with any performer, sports
team, promoter, venue or provider of travel or accommodation services, and
Rock.com does not act as a primary sale box office or travel agent. Separate terms and conditions will apply to your reservations with, and
purchase of tickets and travel-related goods and services from, Concierge
Vendors. You agree to abide by the terms or conditions of purchase
imposed by any Concierge Vendor with whom you elect to deal, including,
but not limited to, payment of all amounts when due and compliance with the
Concierge Vendor's rules and restrictions regarding availability and use of
tickets, fares, products, or services. You
understand that any violation of any such Concierge Vendor’s conditions of
purchase may result in cancellation of your reservation(s) or purchase, in your
being denied access to any concerts, events, flights, hotels, transportation or
other services, in your forfeiting any monies paid for such reservation(s) or
purchase, and in the termination of your Rock.com account.
Charges and Payment.
You shall be completely responsible for all charges, fees, duties, taxes,
and assessments arising out of your use of the Concierge Service, and all sales
through the Concierge Service are final and non-refundable. Rock.com will forward any
credit card and other user information collected through the Concierge Service to Concierge
Vendors, which will charge users directly for tickets and any related travel services.
Concierge Vendors will typically pay Rock.com a commission for such user
purchases. Rock.com will not directly charge users with respect to tickets
and any related travel services purchased through the Concierge Service; provided,
however, that, with respect to purchases made via the personalized Concierge Service
phone line, Rock.com will charge a 5% "Concierge Fee" directly to the user’s
credit card account provided. When booking, users will see various charges on
their credit card statement from the various Concierge Vendors used, as well as from
Rock.com for the Concierge Fee, if applicable. In the event that the
amounts charged to your credit card differ from the confirmation Rock.com or the
Concierge Vendor(s) send to you, or you otherwise wish to question or dispute a
charge on your credit card related to any tickets or services provided to you
via the Concierge Service, you agree to contact the relevant Concierge Vendors
or Rock.com directly prior to disputing the charge with the credit card company
or initiating a chargeback. In
the event that you initiate a dispute or chargeback with your credit card
company with respect to any valid charge for tickets or services provided to you
via the Concierge Service, and Rock.com, in its sole reasonable discretion,
determines that such dispute or chargeback is without merit or fraudulent,
without limiting any other rights and remedies available to Rock.com and the
affected Concierge Vendors: (i) you
shall promptly refund to Rock.com or its designee the full amount of the refund
plus an additional fifty percent of the chargeback (50%) as liquidated damages
to compensate Rock.com and its Concierge Vendors for resulting administrative
and accounting costs; (ii) you shall promptly reimburse Rock.com or its designee
for the full amount of any reasonable collection fees, attorney fees, and any
other costs associated with recouping the chargeback or otherwise resolving the
dispute; (iii) Rock.com may immediately terminate your Rock.com account; and
(iv) Rock.com may, to the extent permitted by applicable law, report your
conduct to the credit reporting agencies. In
any legal proceeding relating to a credit card dispute or chargeback, the user
will bear the burden of proving that the dispute or chargeback was justified and
that charges were incorrect or not authorized by the user.
If a user withdraws payment prior to using purchased tickets, travel or
other services for any reason, the Concierge Vendors and/or their vendors have
the right, without limitation, to cancel the relevant tickets, reservations and
travel. Rock.com and the Concierge
Vendors shall report, and shall have the right to report, any user suspected of
fraud to all applicable law enforcement authorities, and in no event shall
Rock.com or any Concierge Vendor have any liability to any user for making any
such report based upon reasonable information.
Limitations. Although most
travel is completed without incident, travel to certain destinations and use of
certain accommodations may involve greater risks than others. We
urge you to review and evaluate travel prohibitions, warning, announcements, and
advisories issued by the government and the aviation administration before
booking travel and accommodations. Information
on conditions in various countries and the level of risk associated with travel
to particular destinations can be found on public sites, such as www.state.gov,
www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and
www.customs.gov. By making purchases
of travel and accommodations from Concierge Vendors available through the
Concierge Service, Rock.com does not represent or warrant that any such travel
or use of accommodations are advisable or without risk.
Rock.com has not investigated or evaluated, does not endorse, recommend,
or guarantee, and shall not be responsible or liable with respect to, the
quality, suitability or safety of any travel or accommodations obtained via the
Concierge Service. Rock.com shall
have no liability for damages, losses, or delays that may result from improper
documents for entry, exit, length of stay.
Concerts, sporting events and other
attractions corresponding to tickets purchased through the Concierge Service may
not be appropriate for all ages or for individuals with certain medical
conditions, and may present certain other risks.
Attendance of such concerts, sporting events and other attractions may be
subject to codes, rules or regulations (collectively, "Attraction
Rules") established by the venue or provider.
Failure to comply with such Attraction Rules may result in denial of
admission to or removal from the event. Other
restrictions, terms and conditions may apply, and you are encouraged to contact
the venue or provider for details. By
making tickets from Concierge Vendors available through the Concierge Service,
Rock.com does not represent or warrant that any attendance of any corresponding
concerts, sporting events or other attractions is advisable or without risk.
Rock.com has not investigated or evaluated, does not endorse, recommend
or guarantee, and shall not be responsible or liable with respect to, the
quality, suitability or safety of any concerts, sporting events or other
attractions corresponding to tickets obtained via the Concierge Service.
YOU ACKNOWLEDGE THAT THE USE OR
ENJOYMENT OF CONCERTS, SPORTING EVENTS, OTHER ATTRACTIONS AND RELATED TRAVEL
SERVICES MADE AVAILABLE THROUGH THE CONCIERGE SERVICE MAY BE HAZARDOUS AND
INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL
RISK OF INJURY OR DEATH ARISING OUT OF OR IN CONNECTION WITH ALL SUCH CONCERTS,
SPORTING EVENTS, OTHER ATTRACTIONS AND RELATED TRAVEL SERVICES.
WITHOUT LIMITING ANY OTHER LIMITATION OF LIABILITY SET FORTH IN THE TOS,
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ROCK.COM, ITS SERVICE
PROVIDERS OR CONCIERGE VENDORS BE LIABLE TO ANY PARTY FOR ANY COSTS, EXPENSES,
CLAIMS, HARM, OR DAMAGES OF ANY NATURE ARISING FROM OR IN CONNECTION WITH THE
CONCIERGE SERVICE, INCLUDING WITHOUT LIMITATION:
(i) IDENTITY THEFT; (ii) ACTS, OMISSIONS, ERRORS, PERFORMANCE OR
NON-PERFORMANCE, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF
CONCIERGE VENDORS OR THEIR RESPECTIVE VENDORS; (iii) PERSONAL INJURY OR DEATH;
(iv) DAMAGE TO, THEFT OF, OR LOSS OF, PERSONAL PROPERTY; (v) CANCELLATION,
SUBSTITUTION, DELAY, POSTPONEMENT, OVERBOOKING, DOUBLE BOOKING, MODIFICATION OR
CHANGE IN FARES OR RATES WITH RESPECT TO ANY EVENT, TRAVEL OR ACCOMMODATION;
(vi) HAZARDOUS EVENTS OR CONDITIONS OCCURRING DURING EVENTS OR TRAVEL; OR (vii)
FORCE MAJEURE OR OTHER CAUSES BEYOND THE DIRECT CONTROL OF ROCK.COM, THE
CONCIERGE VENDORS OR THEIR RESPECTIVE VENDORS.
THE CONCIERGE VENDORS AND THEIR RESPECTIVE VENDORS ARE INDEPENDENT
CONTRACTORS AND NOT AGENTS, AFFILIATES OR EMPLOYEES OF ROCK.COM OR ITS
AFFILIATES. IN ADDITION TO ANY
LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THE TOS, IN NO EVENT WILL
ROCK.COM BE LIABLE FOR ANY AMOUNTS THAT EXCEED COMMISSION AND FEE INCOME
RECEIVED BY ROCK.COM IN CONNECTION WITH THE RELEVANT USER’S USE OF THE
CONCIERGE SERVICE. ROCK.COM MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONCIERGE SERVICE OR ANY TICKETS
OR SERVICES PURCHASED THROUGH IT, WHICH ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND.
PROPRIETARY RIGHTS IN THE SERVICE AND USER CONTENT
Proprietary Rights of Rock.com.
You acknowledge and agree that all content, data, software, code,
advertisements and other materials appearing on or used in the Service, other
than User Content (collectively “Service Content”), is the proprietary
and/or confidential information of Rock.com, its Service Providers and/or
advertisers, and is protected by applicable intellectual property and other
laws. Subject to the license granted
in Section 5.2, Rock.com, its Service Providers and/or advertisers shall own and
retain all right, title and interest in and to all Service Content.
Except with respect to information that is in the public domain or as
expressly authorized by Rock.com, its Service Providers or advertisers, you may
not (and may not authorize or sublicense a third party to) copy, modify,
publish, transmit, perform, display, rent, lease, loan, sell, resell, trade,
assign, grant a security interest in or otherwise transfer any right in, exploit
for any commercial purpose, reverse engineer, reverse assemble or otherwise
attempt to discover any source code of, create derivative works based on, or
distribute the Service (excluding any User Content owned or controlled by you),
your account or password, or any
Service Content, in whole or in part.
License to Service.
Subject to the restrictions and conditions set forth in the TOS,
Rock.com grants you a limited, revocable, personal, non-transferable, non-sublicenseable
and non-exclusive right and license to use and display the Service Content on a
single computer. You agree not to
access the Service by any means other than through the interface that is
provided by Rock.com for use in accessing the Service.
License to User Content.
License to Rock.com and Service Providers.
Rock.com does not claim ownership of User Content you submit or make
available for inclusion on the Service. With respect to User Content you submit
or make available for inclusion in the Service, however, you grant Rock.com and
its Service Providers the following unlimited, transferable, world-wide, royalty
free, non-exclusive license(s), with right to grant and authorize sublicenses,
With respect to all User Content you submit or make
available for inclusion on publicly accessible areas of the Service, the perpetual and irrevocable
license to use, distribute, reproduce, modify, adapt, edit, translate, reformat,
publish, translate, create derivative works from, publicly perform and publicly
display such User Content (in whole or in part), in any format or medium now
known or later developed, to provide and operate any portion of the Service and
any related service of a Service Provider, and to promote and market the Service
and Rock.com in any manner. For the
avoidance of doubt, any photographs or names submitted as part of the
Independent Music Service would be User Content licensed pursuant to this
With respect to all User Content you submit or make available
for inclusion in areas of the Service that are not publicly accessible, the
perpetual and irrevocable license to use, distribute and reproduce such User
Content (in whole or in part), in any format or medium now known or later
developed, for the purpose of exercising any right of Rock.com or a Service
Provider set forth in the TOS, including without limitation pursuant to Sections
accessible" areas of the Service are those areas of the Service and related
sites and service of Service Providers that are intended by Rock.com to be
available to the general public. For
the avoidance of doubt, publicly accessible areas of the Service would include
message boards and the Social Network
Service or the Web Hosting Service that are open to either registered users or
visitors. Publicly accessible areas
of the Service would not include portions of the Service intended for private
communication, however, such as the Email Service, text or instant messages, or
areas outside of the Service such as portions of World Wide Web sites that are
accessible through via hypertext or other links but are not hosted or served by
Rock.com or its Service Providers. No
compensation will be paid with respect to the exercise of any license to your
License to Users and General Public.
With respect to User Content you submit or make available for inclusion
in the Service, you grant other users of the Service and the general public a
limited, personal, world-wide, royalty free, non-exclusive license to access and
use such User Content solely through and in connection with use of the Service.
Representation and Warranties of Users Regarding Rights to
User Content. By submitting or
posting User Content to the Service, you warrant and represent that:
(a) you own, have a license to, or otherwise control, the copyright and
any other intellectual property, publicity or other rights to such User Content,
including, without limitation, all the rights necessary for you to use,
distribute, publicly display or perform, reproduce, prepare derivative works
from, provide, post, upload, input or submit the User Content and grant the
licenses and/or sublicenses to such User Content described in the TOS; (b) that
each person depicted or described in such User Content, if any, has provided
consent to the use of the User Content as set forth in the TOS, including, by
way of example, and not as a limitation, the distribution, public display and
reproduction of such User Content; and (c) neither the User Content nor any
license to the User Content granted herein violates or will violate any
copyright, trademark, right of privacy or publicity or any other intellectual
property or proprietary right of any third party.
the prior permission of Rock.com or the relevant Service Provider, as
applicable, you are not permitted to use or display any name, trademark or
service mark of Rock.com, any affiliate of Rock.com or any Service Provider in
any manner. Without limitation,
ROCK.COM, ROCK and THE OFFICIAL SITE OF ROCK MUSIC are trademarks and/or service
marks of Rock.com. Other trademarks
appearing in the Service are the property of the respective Service Providers
and other third parties. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
Rock.com and its affiliates without express written consent.
You may not use any meta tags or any other "hidden text"
utilizing the name or trademarks of Rock.com or its affiliates without the
express written consent of Rock.com.
Procedure for Making Claims of Intellectual Property
Infringement. Rock.com respects
the intellectual property of others, and we ask our users to do the same.
Rock.com may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide Rock.com's copyright agent with the following
information: (a) an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest; (b) a description of the
copyrighted work or other intellectual property that you claim has been
infringed; (c) a description of where the material that you claim is infringing
is located on the Service; (d) your address, telephone number, and email
address; (e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
and (f) 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 behalf of the copyright or
intellectual property owner. Rock.com’s
agent for notice of claims of copyright or other intellectual property
infringement can be reached at firstname.lastname@example.org.
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.
agree that Rock.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. EXCEPT WITH RESPECT TO
THE ONLINE STORE, AS FURTHER PROVIDED IN THE ADDENDUM BELOW, ALL MERCHANDISE AND
SERVICES SOLD THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS,
BOTH PHYSICAL AND ELECTRONIC, AS WELL AS CONCERT TICKETS, ARE PROVIDED BY
ADVERTISERS OR SERVICE PROVIDERS AND NOT ROCK.COM, REGARDLESS OF THE APPEARANCE
OR BRANDING OF THE PRODUCT OFFERING OR ADVERTISEMENT ON THE SERVICE. IF
YOU DO NOT WISH TO DEAL WITH SUCH ADVERTISERS OR SERVICE PROVIDERS, DO NOT
PURCHASE ANY ITEMS OR SERVICES FOR SALE ON THE SERVICE.
ROCK.COM IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM THAT
MAY RESULT FROM YOUR INTERACTIONS WITH ADVERTISERS OR SERVICE PROVIDERS. NOTE THAT CONCERT TICKETS MAY ALSO BE PURCHASED BY CONTACTING THE VENUES
DIRECTLY AND MAY BE AVAILABLE AT A SIGNIFICANTLY LOWER COST THAN PROVIDED BY OUR
ADVERTISERS AND SERVICE PROVIDERS.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE.
SPECIFICALLY, ROCK.COM AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES, AND DISCLAIMS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
NEITHER ROCK.COM NOR ITS SERVICE PROVIDERS MAKES ANY WARRANTY:
(i) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT COMMUNICATIONS
AND USER SETTINGS WILL BE DELIVERED OR STORED; (iv) THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (v) THAT THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (vi) THAT ANY
ERRORS IN THE SERVICE WILL BE CORRECTED; OR (vii) WITH RESPECT TO ANY OTHER
ANY SERVICE CONTENT, USER CONTENT OR OTHER MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ROCK.COM OR ITS SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
NEITHER ROCK.COM NOR ITS SERVICE PROVIDERS MAKES ANY WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE
MANUFACTURER OF A PRODUCT SOLD THROUGH THE SERVICE, PROVIDED THAT ANY SUCH
WARRANTY IS SOLELY BETWEEN THE PURCHASER AND SUCH MANUFACTURER, AND ROCK.COM
SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO SUCH WARRANTY.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT NEITHER ROCK.COM NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO, OR USE OR ALTERATION
OF, YOUR TRANSMISSIONS, INFORMATION OR DATA, WHETHER STORED ON ROCK.COM SERVERS
OR THE SERVERS OF ANY THIRD-PARTY SERVICE PROVIDER; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD-PARTY SERVICE PROVIDER, ANY THIRD PARTY ON THE SERVICE, OR ANY USER
CONTENT TRANSMITTED THROUGH THE SERVICE; (v) ACCESS DELAYS OR ACCESS
INTERRUPTIONS; (vi) DATA NON-DELIVERY OR DATA MIS-DELIVERY; (vii) ACTS OF GOD;
(viii) THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT NUMBER, PASSWORD OR
SECURITY AUTHENTICATION OPTION; (ix) ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY
AND ALL INFORMATION OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT; (x) PROCESSING
OF YOUR APPLICATION, ORDER OR SERVICE CHANGES; (xi) DAMAGE TO COMPUTER HARDWARE
OR SOFTWARE RESULTING FROM USE OF THE SERVICE OR ANY SERVICE CONTENT OR USER
CONTENT THEREIN; OR (xii) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
ROCK.COM OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE LIABILITY
OF ROCK.COM OR ITS SERVICE PROVIDERS TO YOU ARISING UNDER OR RELATING TO
THE TOS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF PAYMENTS, IF ANY, ACTUALLY
RECEIVED BY ROCK.COM OR ITS SERVICE PROVIDERS FROM YOU FOR THE SERVICE OR FOR
ANY ORDERS SUBMITTED VIA THE SERVICE OR ONLINE STORE DURING YOUR TERM OF
BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE DISCLAIMERS
AND LIMITATIONS IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF ROCK.COM AND ITS
SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW.
You agree to defend,
indemnify, and hold harmless Rock.com, its Service Providers and their
respective affiliated companies, employees, contractors, officers, and directors
from all liabilities, damages, claims, expenses (including attorney’s fees and
court costs) and other harm arising from: (a)
your use or misuse of the Service; (b) any User Content you submit, post,
transmit or make available through the Service; (c) any breach or violation by
you of the TOS; or (d) or your violation of any intellectual property, right of
privacy or publicity, or other right of any person or entity.
Rock.com reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you, in which
event you will cooperate with Rock.com at your expense in asserting any
Termination by Rock.com. Rock.com reserves the right, in its sole discretion, to terminate
your access to all or part of this Service, with or without notice.
You agree that Rock.com, in its sole discretion, may terminate your use
of the Service for any reason or no reason, including, without limitation, as a
result of your cancellation pursuant to Section 10.2, for lack of use or if
Rock.com believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. Rock.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 TOS may be effected without prior notice.
Further, you agree that neither Rock.com nor any Service Provider shall
be liable to you or any third-party for any termination of your access to the
User Cancellation of Service.
Should you object to any terms and conditions set forth in the TOS or
dissatisfied with the Service in any way, your sole and exclusive remedy and
recourse is to discontinue immediately your use of the Service, cancel your
membership and notify Rock.com of your cancellation.
Effects of Termination. Upon termination of the Service, your right to use the Service
immediately ceases and neither Rock.com nor any Service Provider shall have any
obligation thereafter to forward any unread or unsent messages or any other User
Content to you or any third party. You
acknowledge and agree that, upon termination of the Service, Rock.com or its
Service Provider may immediately cancel and pending orders, deactivate or delete
your account and all User Content and related information and files in your
account and/or bar any further access to such User Content, files or the
Service. You agree that, upon
termination of the Service, neither Rock.com nor any Service Provider shall be
liable to you or any third-party for canceling orders or deleting or barring
further access to User Content, information and files.
Notices to you may be made
via either email or regular mail. The Service may also provide notices of
changes to the Service or to the TOS or other matters by displaying to you
notices or links to notices on the Service.
Any such email messages, displays or postings shall constitute sufficient
written notice to a you and such notice will be deemed given upon initial
transmission. You may give notice to
Rock.com under the TOS as provided in Section 14.
Governing Law and
Venue. The construction,
interpretation and performance of the TOS and all transactions related thereto
shall be governed by and construed in all respects in accordance with the laws
of the State of California, without giving effect to the principles of conflicts
of law thereof. You irrevocably
consent to venue in Orange County, California, and you agree that any mediation,
arbitration, action or lawsuit arising under this Agreement or relating to the
subject matter thereof shall be maintained in Orange County, California.
You agree that, regardless of any statute or law to the contrary, any
dispute or claim arising out of or related to use of this Service provided by
Rock.com or otherwise arising out of or related to the provisions and conditions
of the TOS, must be asserted within one (1) year after such claim or cause of
action first arose or shall be forever barred.
Except where expressly indicated to the contrary in the TOS, any dispute,
claim or controversy arising out of or relating to the TOS, or breach of the TOS,
shall be resolved in accordance with the dispute resolution procedure set forth
The parties will attempt in good faith to resolve through
negotiation any such dispute, claim, controversy arising of or relating to the
TOS or breach of the TOS. Either
party may initiate negotiations by providing written notice in letter form to
the other party setting forth the subject of the dispute and the relief
requested. Within fifteen (15) days
after receipt of said notice (or such longer period as may be agreed to by the
parties), the receiving party shall submit to the other party a written
response. The notice and response
shall include (i) a general statement of the party’s position, and (ii)
recommended solution to the dispute.
If the dispute is not resolved by this exchange of
correspondence, then representatives of each party with full settlement
authority will meet at a mutually agreeable time and place within fifteen (15)
days of the date of receipt of the notice and response in order to exchange
relevant information and perspectives, and to attempt to resolve the dispute.
All such communications, correspondence, proposals and recommendations
are confidential, privileged and inadmissible for any purpose, including
impeachment, in any arbitration or other proceeding involving the parties,
provided that evidence that is otherwise admissible or discoverable shall not be
rendered inadmissible or non-discoverable as a result of its use as aforesaid.
If the dispute is not
resolved by these negotiations, then the parties agree that the dispute shall be
submitted to the CPR International Institute for Conflict Prevention and
Resolution (the “CPR”), or its successor, for mediation in accordance with
the Model Procedure for Mediation of Business Disputes (or successor procedure).
The parties will cooperate with the CPR and with one another in selecting
a mediator from the CPR’s panel of neutrals, and in scheduling the mediation
proceedings. The parties agree that
they will participate in the mediation in good faith, and that they will share
equally in the costs of utilizing the CPR.
offers, promises, conduct and statements, whether oral or written, made in the
course of the mediation by any of the parties, their agents, employees, experts
and attorneys, and by the mediator or any CPR employees, are confidential,
privileged and inadmissible for any purpose, including impeachment, in any
arbitration or other proceeding involving the parties, provided that evidence
that is otherwise admissible or discoverable shall not be rendered inadmissible
or non-discoverable as a result of its use in the mediation.
Either party may initiate arbitration with respect to the
matters submitted to mediation by filing a written demand for final and binding
arbitration at any time following the initial mediation session or forty-five
(45) days after the date of filing the written request for mediation, whichever
occurs first. The mediation may
continue after the commencement of arbitration if the parties so desire.
Unless otherwise agreed by the parties, the mediator shall be
disqualified from serving as arbitrator in the case.
The provisions of this section may be enforced by any Court of competent
jurisdiction, and the party seeking enforcement shall be entitled to an award of
all costs, fees and expenses, including reasonable attorneys fees, to be paid by
the party against whom an order of enforcement is obtained.
If the matter has not been resolved pursuant to the
aforementioned mediation procedure within sixty (60) days of the initiation of
such procedure, except where such time has been extended by mutual consent of
the parties in writing, then the controversy shall be resolved by arbitration in
accordance with the CPR’s Rules for Non Administered Arbitration of Business
Disputes, or successor rules (the “Rules”), by a sole arbitrator.
The arbitrator shall be selected by agreement of the parties in
accordance with such Rules. The
parties will cooperate in good faith with the CPR and with one another in
selecting the sole arbitrator, and in scheduling the arbitration.
The parties further agree that they will participate in the
arbitration in good faith. The
parties agree that the arbitrator shall not be empowered to award damages in
excess of compensatory damages, and each party irrevocably waives all rights to
recover such non-compensatory damages with respect to any dispute resolved by
arbitration hereunder. The
arbitration shall be governed by the United States Arbitration Act, 9 U.S.C.
Sections 1-16 (or successor statute), and judgment upon the award rendered by
the arbitrator may be entered by any court having jurisdiction thereof.
The provisions of this section may be enforced by any Court of competent
jurisdiction, and the party seeking enforcement shall be entitled to an award of
all costs, fees and expenses, including attorneys fees, to be paid by the party
against whom an order of enforcement is obtained.
By entering into the TOS, the parties expressly agree to have
all such disputes, claims or, controversies arising out of or relating to the
TOS or the breach of the TOS decided by neutral arbitration, and they each
hereby agree to give up any rights they might possess to have those matters
litigated in a court or jury trial. By
entering into the TOS, the parties give up their judicial rights to discovery
and appeal, except to the extent that they are specifically provided for under
the TOS or the CPR’s Rules. If a
party refuses to submit to arbitration after agreeing to this provision, it may
be compelled to arbitrate under federal or state law.
Notwithstanding anything to the contrary set forth in this Section 12.2,
Rock.com may immediately apply to any court of competent jurisdiction for
injunctive or equitable relief, without any need to pursue mediation or
arbitration, in the event of any breach of its site security or intellectual
TOS is personal to you, and you may not assign the TOS or any right or
obligation hereunder. Any such
assignment is null and void. The
rules applicable the Service, if any, constitute the entire agreement between
you and Rock.com and govern your use of the Service, superseding any prior
agreements between you and Rock.com. You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software; provided,
however, that such terms and conditions are solely between you and such third
parties and are not part of the TOS. The
failure of Rock.com to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
If you believe your
copyrighted content has been posted without your consent, please contact
email@example.com so we can remove such
content. Please report any
violations of the TOS to firstname.lastname@example.org.
If you have any questions
about the Terms of Service, the practices of Rock.com, or your dealings with
this Web site, please contact us at email@example.com
Avenida de la Carlota
Hills, CA 92653
TO TERMS OF SERVICE
LOCATED AT STORE.ROCK.COM, ROCKMERCH.COM, MERCHUNIVERSE.CO.UK, OFFICIALMERCHANDISE.COM AND AS DISTRIBUTED AND SYNDICATED
THROUGHOUT THE WEB
The Online Store located at
store.rock.com,rockmerch.com, and merchuniverse.co.uk and as syndicated and distributed throughout
the web is a
component of the Rock.com Web site operated on behalf of Rock.com by Rock.com
Ventures LLC (“RCV”), an affiliate and licensee of Rock.com, Inc.
This Addendum supplements the TOS, the terms of which are incorporated
here by reference. Without limiting
the generality of the preceding sentence, RCV shall be a third-party beneficiary
under the TOS, and all disclaimers of warranty, limitations of liability,
indemnities, licenses, protections, rights and remedies in favor of Rock.com
shall equally apply in favor of RCV. In
the event of any conflict between the provisions of this Addendum and the TOS,
the provisions of this Addendum shall govern.
To the extent any claim, demand, proceeding, litigation, investigation or
other action (collectively, and “Action”) arises in connection with the
Online Store or any transaction conducted through the Online Store, such Action
shall be brought exclusively against RCV pursuant to the dispute provisions of
Section 12 of the TOS. You expressly
agree that you will not assert any Action against Rock.com relating to the
Online Store, and you hereby forever waive the right to do so.
For the avoidance of doubt, this paragraph does not relate to ticket
purchases or transactions conducted on areas of the Rock.com Web site other than
the Online Store located at store.rock.com.
and Processing Fees. RCV’s
shipping and processing charges are intended to compensate RCV for the cost of
processing your order, handling and packing the products you purchase and
delivering them to you.
Schedule. THE ROCK.COM STORE RESERVES THE RIGHT TO REFUSE ANY ORDERS.
RCV strives to deliver
your order as quickly as possible. This typically means that U.S. domestic customers will
recieve their order within five business days; provided, however, that there is always
the possibility that it could take much longer to receive your product,
especially for international orders. PLEASE NOTE THE PACKING SLIP OF ALL ORDERS PRINTS THE BILL TO ADDRESS
AND EMAIL ADDRESS SO THAT ORDERS SENT TO A DIFFERENT SHIPPING ADDRESS WILL DISCLOSE THIS INFORMATION
TO THE RECIPIENT.
RCV wants its customers to feel comfortable with their purchase.
If for any reason you are dissatisfied with your purchase, then send back
your order and we will provide an Online Store merchandise credit for the amount
of your purchase, subject to the following limitations:
Only products that have not been used, worn, washed, or damaged
will be eligible for a store credit. Returns must be made no later than fourteen
(14) days from the date you received your order. Shipments made after fourteen
(14) days will be rejected at the customer’s expense.
RCV will not provide
any refunds for shipping expenses or cover shipping costs incurred during the
If you returned only
one item from a multi-item shipment, you will be reimbursed with the store
credit only for the per-item cost.
To return your product
successfully, please carefully follow the following steps:
You must first email RCV’s Retail Customer Service at firstname.lastname@example.org
for a Return Merchandise Authorization (RMA) number within fourteen (14) days of
receiving your order. You must state
the reason for your return in the email. If
you send a package without an RMA number, your package will not be accepted and
will be returned at your expense.
You must include your (RMA) number, email receipt, and packing
slip with the item being returned.
RCV will not be responsible for lost items. Please ship your return via a trackable and insured method.
All shipping costs for items being returned must be paid by
(e) Once RCV inspects the returned merchandise and verifies the
product has not been worn, used, damaged, washed, or handled inappropriately,
the customer will receive an email notice including a store credit for the
amount of the initial product purchased from the Online Store.
All orders are final. Once an
order has been processed, a customer may not cancel or receive any reimbursement
or refund with respect to that order.
Orders. Inventory can change
significantly from day to day; therefore we cannot guarantee that everything you
order will be available. However, we
will contact you via email if, after your purchase is processed, we are not able
to fulfill that particular order. You
will have the option of finding a substitute of equal value for the initially
desired item or will be able to receive a full refund for the amount of your
original order. You can email RCV at
email@example.com anytime for an update
on the status of your order.
and Quantities. From time to
time there may be information on the Service that contains typographical errors,
inaccuracies, or omissions that may relate to product descriptions, pricing, and
availability. RCV reserves the right to correct any errors, inaccuracies or
omissions and to change or update information at any time without prior notice
(including after you have submitted your order).
RCV also reserves the right to limit quantities you may order (including
after you have submitted your order). RCV
apologizes for any inconvenience this may cause you.
NONE OF RCV, ITS AFFILIATES OR THEIR RESPECTIVE SERVICE PROVIDERS SHALL
HAVE ANY LIABILITY OF ANY KIND IN CONNECTION WITH:
(a) ANY ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT
DESCRIPTIONS, PRICING, AND/OR AVAILABILITY; OR (b) RCV’S EXERCISE OF ANY RIGHT
SET FORTH IN THIS PARAGRAPH.
and Payment. You shall be
completely responsible for all charges, fees, duties, taxes, and assessments
arising out of your use of the Online Store, and all sales through the Online
Store are final and non-refundable. RCV
may process credit card charges directly, or it may forward credit card and
other user information collected through the Online Store to a third-party
credit card processor. In the event
that the amounts charged to your credit card differ from the confirmation RCV or
its third-party processor sends to you, or you otherwise wish to question or
dispute a charge on your credit card related to any merchandise provided to you
via the Online Store, you agree to contact RCV directly prior to disputing the
charge with the credit card company or initiating a chargeback.
In the event that you initiate a dispute or chargeback with your credit
card company with respect to any valid charge for merchandise provided to you
via the Online Store, and RCV, in its sole reasonable discretion, determines
that such dispute or chargeback is without merit or fraudulent, without limiting
any other rights and remedies available to RCV:
(a) you shall promptly refund to RCV or its designee the full amount of
the refund plus an additional fifty percent of the chargeback (50%) as
liquidated damages to compensate RCV for resulting administrative and accounting
costs; (b) you shall promptly reimburse RCV or its designee for the full amount
of any reasonable collection fees, attorney fees, and any other costs associated
with recouping the chargeback or otherwise resolving the dispute; (c) Rock.com
may immediately terminate your Rock.com user account; and (iv) RCV may, to the
extent permitted by applicable law, report your conduct to the credit reporting
agencies. In any legal proceeding
relating to a credit card dispute or chargeback, the user will bear the burden
of proving that the dispute or chargeback was justified and that charges were
incorrect or not authorized by the user. RCV
and its Online Store Service Providers shall report, and shall have the right to
report, any user suspected of fraud to all applicable law enforcement
authorities, and in no event shall RCV or any Online Store Service Provider have
any liability to any user for making any such report based upon reasonable
THIS ADDENDUM STATES THE SOLE RESPONSIBILITY OF RCV AND ITS AFFILIATES, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT ALL ORDERS AND PURCHASES THROUGH THE ONLINE STORE. THE RISK OF LOSS AND TITLE TO ITEMS PURCHASED FROM THE ONLINE STORE PASS TO THE PURCHASER UPON OUR DELIVERY TO THE CARRIER. EXCEPT AS EXPRESSLY PROVIDED BELOW IN THIS ADDENDUM, NEITHER RCV NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY OR OBLIGATION IN CONNECTION WITH ANY CONTRACT OR ORDER FOR MERCHANDISE THROUGH THE ONLINE STORE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY OR OBLIGATION FOR: (A) ANY LATE DELIVERY, MIS-DELIVERY, NON-DELIVERY, LOSS OR DESTRUCTION OF MERCHANDISE; (B) ANY DEFECTS IN MERCHANDISE OR ANY MISREPRESENTATION BY A SERVICE PROVIDER REGARDING THE NATURE OR QUALITY OF MERCHANDISE; OR (C) ANY BILLING ERRORS OR INACCURACIES OR ANY LOSS OR MISUSE OF PERSONAL OR FINANCIAL INFORMATION BY A SERVICE PROVIDER. WITHOUT LIMITING THE SCOPE OF ANY OTHER APPLICABLE DISCLAIMER SET FORTH IN THE TOS: (I) NEITHER RCV NOR ITS AFFILIATES WARRANT OR GUARANTEE ANY MERCHANDISE PURCHASED THROUGH THE ONLINE STORE IN ANY WAY AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES MADE BY ANY SERVICE PROVIDERS IN CONNECTION WITH ANY SUCH MERCHANDISE; AND (II) UNDER NO CIRCUMSTANCES WILL RCV OR ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY RESULTING FROM ANY DESIGN OR MANUFACTURING DEFECT IN ANY MERCHANDISE ORDERED THROUGH THE ONLINE STORE, OR FROM USE OR MISUSE OF ANY SUCH MERCHANDISE, INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS OR INFANT CHOKING HAZARDS. NEITHER RCV NOR ITS AFFILIATES MAKE ANY WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
Without limitation, ROCK.COM, ROCK and THE OFFICIAL SITE OF ROCK MUSIC,
are trademarks and/or service marks of Rock.com or its parents or affiliates licensed for use in the Online
Store by RCV. Other trademarks
appearing in the Online Store or the Service are the property of Rock.com, the
respective Service Providers or other third parties.
WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMER OF WARRANTY SET FORTH
IN THE TOS, RCV AND ITS AFFILIATES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR
COMPLETENESS OF EACH DESCRIPTION OF ITEMS FOR SALE IN THE ONLINE STORE. ALL
PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.