TERMS AND CONDITIONS/VISTOR AGREEMENT
Thank you for choosing The Rockin Roadshow and www.rockinroadshow.com. This website is provided to you by The Rockin Roadshow ("we" or "us"). This visitor agreement is a binding legal agreement between you and us. Please read it carefully. By using this website, you accept its terms.
The web is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified.
Our Privacy Policy governs the treatment by The Rockin Roadshow of both anonymous and personally identifiable information that we collect when you use this website or our Internet Radio online media player (the "Site") and when you provide information to us in any medium for our Services, or any other services we may offer. Be sure to read our Privacy Policy.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. PLEASE DO NOT USE OUR WEBSITE OR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE.
1. GENERAL PROVISIONS
We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at anytime.
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:
The Rockin Roadshow
P.O. Box 45138
Tampa, FL 33677
ATTN: Producer
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by sending a notice by U.S. Mail to The Rockin Roadshow, P.O. Box 45138, Tampa, FL, 33677, Attn: Intellectual Property Notification. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.
2. OWNERSHIP AND PERMISSIONS
Our Limited License to You. This website is made available for your personal, non-commercial use only. All music, programming, text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our website or included in any Service we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are either owned by The Rockin Roadshow or are the property of our licensors and suppliers who have given us permission to use it are protected by U.S. copyright laws, other copyright laws, and international conventions.. Neither your access to and use of the Service nor these Terms grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. Except as otherwise indicated and/or technically restricted on our through this website, you may download The Rockin Roadshow episodes, as well as view and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written permission from the owner. Requests for permission to reproduce or distribute materials found on this website should be sent to: The Rockin Roadshow, P.O. Box 45138, Tampa, FL, 33677. All contents of this site are: Copyright 2008-2009 The Rockin Roadshow and/or its licensors. All rights reserved.
Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website (for example, video, audio, photos, text, etc.), such as any blogs, message boards, classifieds, forums, or community publishing areas, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers")) may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. Without limiting the generality of the previous sentence, you agree that we (as defined above) may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this website, to any Third Party Providers, or to any users of any Third Party Provider services, without the requirement of providing you any form of notice and/or compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings of material that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be made by forwarding a message to The Rockin Roadshow, P.O. Box 45138, Tampa, FL, 33677.
Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark. This website's domain name and the logo(s) (if any) associated with this website's domain name are trademarks of The Rockin Roadshow. The names of other products and services referred to on this website may be the trademarks and service marks of their respective owners. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
3. USE OF COMMUNICATIONS SERVICES
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our visitor agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or The Rockin Roadshow and its employees, agents, partners and affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings of material that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
• Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
• Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
• Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
• Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
• Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
• Uploading or posting any off-topic or irrelevant material to any blog, chat room, forum or other public posting areas;
• Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
• Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the Nasdaq;
• "Stalking" or otherwise harassing another;
• Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
• Collecting or storing personal data about other users;
• Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
• Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
4. INTERNET RADIO
You may listen to and download our Rockin Roadshow internet radio episodes. You may not re-skin, re-package, decompile, reverse engineer, disassemble our Internet Radio episodes, or construct a media player or interface that accesses our Internet Radio site. In addition, your use of any products or services that access our Internet Radio Service and which are provided by third parties not authorized by us constitutes a violation of these Terms, even if you did not create such product services and/or do not understand how they were created.
5. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
We work hard to make this website an interesting and enjoyable place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website. Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We cannot and do not review every posting made in our blogs, forums, and other areas available associated with The Rockin Roadshow for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. An advertisement or a link to another website does not constitute our endorsement of that ad or the linked site (nor of any product, service or other material promoted in the ad or offered on such site).
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT, SERVICE, ADVERTISEMENT OR PROMOTION AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY UNDER THE LAWS OF SUCH STATES/JURISDICTIONS.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE OR THE PRODUCTS, SERVICES, ADVERTISEMENTS OR PROMOTIONS AVAILABLE THROUGH THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD THE ROCKIN ROADSHOW, ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSEES, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSEES AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY ARISING OUT OF INFORMATION OR MATERIAL YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR USE OF THIS WEBSITE, YOUR CONNECTION TO THIS WEBSITE, YOUR VIOLATION OF THIS VISITOR AGREEMENT, OR YOUR BREACH OF THE RIGHTS OF ANY THIRD PARTY.
Termination. We may terminate your right to use our website at any time and without notice. We will terminate your right to use our website if you violate any of these Terms of Service or any other policy posted on our website, or if we become aware that you are a copyright infringer.
6. FULL AGREEMENT
These Terms constitute the entire agreement between us concerning your access to and use of the Service or website and may be modified by the unilateral amendment of these Terms and the posting by us of such amended version. No salesperson or other representative is authorized to change it for you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent that is necessary and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed. A waiver of any of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
7. APPLICABLE LAW
The interpretation and enforcement of these Terms shall be governed by the rules and regulations of the State of Florida and other applicable federal laws. These Terms are subject to modification if required by such laws. Notwithstanding the foregoing, by using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Hillsborough County, Florida in all disputes arising out of or relating to this agreement or use of this website.
THANK YOU FOR CHOOSING THE ROCKIN ROADSHOW AND WWW.ROCKINROADSHOW.COM
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