A. By using and/or visiting this website (collectively, including all content and functionality available through the RockPeaks.com domain name, the "RockPeaks Website", or "Website"), you signify your agreement to:
(2) The RockPeaks privacy notice, found at http://www.rockpeaks.com/legal/privacy_policy
If you do not agree to any of these terms, the RockPeaks privacy notice, please do not use the RockPeaks Website.
B. Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.rockpeaks.com/legal/terms_of_use
2. RockPeaks Website
A. These Terms of Service apply to all users of the RockPeaks Website, including users who are also contributors of text-based or image-based content, and other materials or services on the Website.
B. The RockPeaks Website may contain embedded and/or navigational links to third party websites that are not owned or controlled by RockPeaks. RockPeaks has no control over, and assumes no responsibility for, nor offers any warranties in respect of the content, privacy policies, or practices, including their accuracy or legality, of any third party websites. In addition, RockPeaks will not and cannot censor or edit the content of any third party site. RockPeaks does not assume and expressly denies any liability arising from your use of any third party website.
3. RockPeaks Accounts
A. In order to access some features of the Website, you will have to create a RockPeaks account. You may never use another's account without permission. When creating your account, you must provide truthful, accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RockPeaks immediately of any breach of security or unauthorized use of your account.
B. Although RockPeaks will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RockPeaks or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
RockPeaks hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (Defined Below), Video Clips, Excerpts and Screen Shots (which may be under copyright by and owned by a 3rd party), without RockPeaks' or the appropriate 3rd party’s prior written authorization.
B. You agree not to alter or modify any part of the Website, except where encouraged to do so via the specific tools that have been made available to correct and improve upon the information on the Website. RockPeaks, however, does not assume any responsibility for the accuracy or the lawfulness of any alterations or modifications you may make to the website with these tools. For more information on those tools and how they function, please visit this page.
C. You agree not to access User Submissions (Defined Below) or other RockPeaks Content through any technology or means other than the pages of the Website itself, or other explicitly authorized means RockPeaks may designate.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the RockPeaks servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, RockPeaks grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RockPeaks reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions and Reviews.
E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
F. RockPeaks reserves the right to discontinue any aspect of the RockPeaks Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the RockPeaks Website.
A. All rights, including copyrights, in the content on the RockPeaks Website, except all user submissions (as defined below) and video clips, excerpts and screen shots (which may be under copyright owned by a third party), including and without limitation, the text, software, scripts, graphics, photos, images of persons or places, sounds, music, videos, interactive features and the like ("Content") and in the trade marks, service marks and logos contained therein ("Marks") are owned by or licensed to RockPeaks Inc.,or belong to third parties, as may be apparent from the linked site. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
B. You may access User Submissions (as defined below), Video Clips, Excerpts and Screen Shots solely:
for your information and personal non-commercial use;
as intended through the normal functionality of the RockPeaks Service;
and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the RockPeaks Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Video Clips or Excerpts for any purpose or in any manner other than Streaming is expressly prohibited. Video Clips, Excerpts and Screen Shots are made available "as is.
Contributors who are granted limited access to Review Streams as described in the site's code of conduct agreement shall use such Review Streams for a limited time, on a one time only basis, for the sole purpose of providing review and criticism of the artist and/or performance and/or work on such Review Stream. Contributors shall not download, copy, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Review Stream.
C. User Submissions (defined below) are made available "as is", for your information and personal non-commercial use, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the RockPeaks Service or otherwise as prohibited under this Agreement.
D. If you elect to create a RockPeaks Account you may make corrections and additions to the information on the Website. This information (hereby defined as “User Submissions”) includes, but is not limited to, dates, facts, reviews, comments, questions, URLs, rankings, or grades. You may contribute this information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RockPeaks reserves the right (but not the obligation) to remove or edit such content, and makes every effort to regularly review posted content.
E. If you do post content or submit material to the Website, and unless we indicate otherwise, you grant RockPeaks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RockPeaks and sub licensees the irrevocable right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy; does not infringe the statutory or contractual rights of any third party and and will not cause injury to any person or entity; and that you will indemnify RockPeaks for all claims resulting from content you supply. RockPeaks has the right but not the obligation to monitor and edit or remove any activity or content. RockPeaks takes no responsibility and assumes no liability for any content posted by you or any third party.
F. You may access RockPeaks Content, User Submissions and other content only as permitted under this Agreement. RockPeaks reserves all rights not expressly granted in and to the RockPeaks Content and the RockPeaks Service.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the RockPeaks Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RockPeaks Website or the Content therein.
H. You understand that when using the RockPeaks Website, you will be exposed to User Submissions and 3rd Party Content from a variety of sources, and that RockPeaks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or 3rd party Content. You further understand and acknowledge that you may be exposed to User Submissions or 3rd Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RockPeaks with respect thereto, and agree to indemnify and hold RockPeaks, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. No Warranties.
Your use of and browsing in the RP Website are at your own risk and you should apply your own judgement in making any use of the Content or relying upon it to make judgements. THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. Neither RockPeaks nor any other party involved in creating, producing or delivering the RP Website is liable for any direct, incidental, consequential, indirect, exemplary, punitive, special, economic or compensatory damages arising out of your access to, or use of, the RP Website. Without limiting the foregoing, everything on the RP Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, QUALITY, OR TITLE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. RockPeaks also assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the RP Website or your downloading of any materials, data, text, images, video or audio from the RP Website.
7. Bulletin Boards and Chat Rooms
Although RockPeaks may at its own discretion, from time-to-time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the RP Website, RockPeaks is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy, misleading content or unlawful activity contained in any information within such locations on the RP Website.
You are prohibited from posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. RockPeaks will fully cooperate with any law enforcement authorities or court order requesting or directing RockPeaks to disclose the identity of anyone posting any such information or materials. By accessing this Site you agree to fully defend, indemnify and hold RockPeaks harmless from any and all liability that may arise out of any material you may post or transmit at the RP Website.
This Agreement is effective until terminated by RockPeaks, with or without cause, in RockPeaks' sole and unfettered discretion. RockPeaks may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by RockPeaks shall be in addition to and without prejudice to such rights and remedies as may be available to RockPeaks, including injunctions and other equitable remedies.
The disclaimers, limitations in liability, ownership, termination, interpretation, your license to RockPeaks, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
You agree at all times to indemnity, defend and hold harmless RockPeaks, its agents, suppliers, affiliates, and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever, including legal and other fees and disbursements, sustained, incurred or paid by RockPeaks directly or indirectly in respect of:
(i) any information or other content you provide on or through this web site or by email or other correspondence; or
(ii) your use or misuse of the Content or this website, including without limitation infringement claims.
11. Governing Law
This Agreement will be interpreted and governed by the laws of the Province of Ontario and the Federal laws of Canada and shall be treated in all respects as an Ontario contract without reference to the principles of conflicts of law. We have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demande que cette convention ainsi que tous les documents qui s'y rattachent rediges en anglais.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, word importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporation, trusts and unincorporated associations.
13. Entire Agreement
This Agreement, as it may be amended from time to time, in accordance with the provisions of Section 1(b), and any and all other legal notices and policies on this web site, constitute the entire agreement between you and RockPeaks with respect to the use of the RP Website and the Content.
14. Amendment and Waiver
No supplement, modification or amendment to this Agreement and no waiver of any provision of this agreement shall be binding on RockPeaks unless executed by RockPeaks in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement of affecting the legality, validity or enforceability of such provision in any other jurisdiction.
This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of the Agreement.