Forumrocks Terms of Use Agreement
Forumrocks. ("Forumrocks" or "we")
operates Forumrocks, which is a social networking service that allows Members
to create unique personal profiles online in order to find and communicate with
old and new friends. The services offered by Forumrocks include any
Forumrocks-branded URL (the "Forumrocks Website"), the Forumrocks
instant messaging service, the Forumrocks application developer service and
other features (for example, music and video embedded players),Forumrocks
mobile services, and any other features, content, or applications offered from
time to time by Forumrocks in connection with Forumrocks business
(collectively, the "Forumrocks Services"). The Forumrocks Services
are hosted in the United
States.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the Forumrocks Services. By using the Forumrocks
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the Forumrocks Website,
including through a mobile device, or otherwise use the Forumrocks Services
without being registered) or you are a "Member" (which means that you
have registered with Forumrocks ). The term "User" refers to a Visitor
or a Member. You are only authorized to use the Forumrocks Services (regardless
of whether your access or use is intended) if you agree to abide by all
applicable laws and the terms of this Agreement. Please read this Agreement and
save it. If you do not agree to be bound by this Agreement and to follow all
applicable laws, you should leave the Forumrocks Website and discontinue use of
the Forumrocks Services immediately. If you wish to become a Member,
communicate with other Members and/or make use of the Forumrocks Services, you
must read this Agreement and indicate your acceptance during the registration
process.
This Agreement includes Forumrocks policy for acceptable use of the Forumrocks
Services and Content (as defined in Section 6.1 below) posted on or through the
Forumrocks Services and your rights, obligations and restrictions regarding
your use of the Forumrocks Services and Content posted on or through the
Forumrocks Services. In order to participate in certain Forumrocks Services,
you may be notified that you are required to download software or content
and/or agree to additional terms and conditions from Forumrocks. Unless
otherwise provided by the additional terms and conditions applicable to the
Forumrocks Services in which you choose to participate, those additional terms
are hereby incorporated into this Agreement.
Forumrocks may modify this Agreement from time to time and such modification
shall be effective upon posting by Forumrocks on the ForumRocks Website. Your
continued use of the Forumrocks Services after Forumrocks posts a revised
Agreement signifies your acceptance of the revised Agreement. It is therefore
important that you review this Agreement regularly to ensure you are updated as
to any changes.
Please choose carefully the information you post on or through the Forumrocks
Services and that you provide to other Users. Your Forumrocks profile may not
include any form of Prohibited Content, as outlined in Section 8 below. Despite
this prohibition, information, materials, products or services provided by
other Forumrocks Members (for instance, in their profile) may, in whole or in
part, be unauthorized, impermissible or otherwise violate this Agreement, and
Forumrocks assumes no responsibility or liability for this material. If you
become aware of misuse of the Forumrocks Services by any person, please click
on the "Contact Forumrocks " or the "Report Abuse" link at the
bottom of the Forumrocks Website pages.
Forumrocks reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to deny,
restrict, suspend, or terminate your access to all or any part of the
Forumrocks Services at any time, for any or no reason, with or without prior
notice or explanation, and without liability. Forumrocks expressly reserves the
right to remove your profile and/or deny, restrict, suspend, or terminate your
access to all or any part of the Forumrocks Services if Forumrocks determines,
in its sole discretion, that you have violated this Agreement or pose a
threat to Forumrocks and/or its Users.
1. Eligibility. Use of the Forumrocks Services and registration to be a Member
for the Forumrocks Services ("Membership") is void where prohibited. By using
the Forumrocks Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 14 years of age or older; and (d)
your use of the Forumrocks Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 14 years of age, if we
believe that you are under 18 years of age and you represent yourself as 18 or
older, or if we believe you are over 18 and represent yourself as under 18.
2.
Term. This Agreement, and any posted revision to this Agreement, shall remain
in full force and effect while you use the Forumrocks Services or are a Member.
You may terminate your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. Forumrocks may terminate
your Membership at any time, for any or no reason, with or without prior notice
or explanation, and without liability. Even after Membership is terminated,
this Agreement will remain in effect, including Sections 5-17.
3.
Fees. You acknowledge that Forumrocks reserves the right to charge for any
portion of the Forumrocks Services and to change its fees (if any) from time to
time in its discretion. If Forumrocks terminates your Membership because you
have breached the Agreement, you shall not be entitled to the refund of any
unused portion of fees or payments (if any).
4.
Password. When you sign up to become a Member, you will also be asked to choose
a password. You are entirely responsible for maintaining the confidentiality of
your password. You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third party. You
agree to notify Forumrocks immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible for any and
all use of your account.
5.
Use by Members. The Forumrocks Services are for the personal use of Members and
may be used for promotional purposes as well, but direct commercial endeavors
may only be used if they are specifically endorsed or authorized by Forumrocks
. Forumrocks reserves the right to remove commercial content in its sole
discretion. Illegal and/or unauthorized use of the Forumrocks Services,
including collecting usernames, user id numbers, and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Forumrocks Website, or
employing third party promotional sites or software to promote profiles for
money, is prohibited.& Commercial advertisements, affiliate links, and
other
forms of unauthorized solicitation may be removed from Member profiles without
notice or explanation and may result in termination of Membership privileges.
Forumrocks re serves the right to take appropriate legal action for any illegal
or unauthorized use of the Forumrocks Services.
6.
Proprietary Rights in Content on Forumrocks
6.1 Forumrocks does not claim any ownership rights in the text,files, images,
photos, video, sounds, musical works, works of authorship, applications, or any
other materials (collectively, "Content") that you post on or through
the Forumrocks Services. After posting your Content to the Forumrocks Services,
you continue to retain any such rights that you may have in your Content,
subject to the limited license herein. By displaying or publishing
("posting") any Content on or through the Forumrocks Services, you
hereby grant to Forumrocks a limited license to use, modify, delete from, add
to, publicly perform, publicly display, reproduce, and distribute such Content
solely on or through the Forumrocks Services, including without limitation
distributing part or all of the Forumrocks Website in any media formats and
through any media channels, except Content marked "private" will not be
distributed outside the Forumrocks Website. This limited license does not grant
Forumrocks the right to sell or otherwise distribute your Content outside of
the Forumrocks Services. After you remove your Content from the Forumrocks
Website we will cease distribution as soon as practicable, and at such time
when distribution ceases, the license will terminate. If after we have distributed
your Content outside the Forumrocks Website you change the Content’s privacy
setting to "private," we will cease distribution of such "private" Content
outside the Forumrocks Website as soon as practicable after you make the
change.
6.2 The license you grant to Forumrocks is non-exclusive (meaning you are free
to license your Content to anyone else in addition to Forumrocks ), fully-paid
and royalty-free (meaning that Forumrocks is not required to pay you for the
use on the Forumrocks Services of the Content that you post), sublicensable (so
that Forumrocks is able to use its affiliates, subcontractors and other
partners such as Internet content delivery networks and wireless carriers to
provide the Forumrocks Services), and worldwide (because the
Internet and the Forumrocks Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or
through the Forumrocks Services or otherwise have the right to grant the
license set forth in this Section 6, and (ii) the posting of your Content on or
through the Forumrocks Services does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or
entity. You agree to pay for all royalties, fees, and any other
monies owing any person or entity by reason of any Content posted by you on or
through the Forumrocks Services.
6.4 The Forumrocks Services contain Content of Forumrocks ("Forumrocks
Content"). Forumrocks Content is protected by copyright, trademark, patent,
trade secret and other laws, and Forumrocks owns and retains all rights in the
Forumrocks Content and the Forumrocks Services. Forumrocks hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display the
Forumrocks Content (excluding any software code) solely for your personal use
in connection with viewing the Forumrocks Website and using the Forumrocks
Services.
6.5 The Forumrocks Services contain Content of Users and other Forumrocks
licensors. Except as provided within this Agreement, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the Forumrocks Services.
6.6 Forumrocks performs technical functions necessary to offer the Forumrocks
Services, including but not limited to transcoding and/or reformatting Content
to allow its use throughout the Forumrocks Services.
7. Content Posted.
7.1 Forumrocks may reject, refuse to post or delete any Content for any or no
reason, including Content that in the sole judgment of Forumrocks violates this
Agreement or which may be offensive, illegal or violate the rights of any
person or entity, or harm or threaten the safety of any person or entity.
Forumrocks assumes no responsibility for monitoring the Forumrocks Services for
inappropriate Content or conduct. If at any time Forumrocks chooses, in its
sole discretion, to monitor the Forumrocks Services, Forumrocks nonetheless
assumes no responsibility for the Content, no obligation to modify or remove
any inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any
of the Forumrocks Services, and any material or information that you transmit
to other Members and for your interactions with other Users. 8.
Content/Activity Prohibited. The following are examples of the kind of Content
that is illegal or prohibited to post on or through the Forumrocks Services.
Forumrocks reserves the right to investigate and take appropriate legal action
against anyone who, in Forumrocks sole discretion, violates this provision,
including without limitation, removing the offending Content from the
Forumrocks Services and terminating the Membership of such violators.
Prohibited
Content includes, but is not limited to, Content that, in the sole discretion
of Forumrocks :
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3
exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or
contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk
to any person;
8.7 constitutes or promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed copy-protect
devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited
to making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent
from Forumrocks such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
8.14 includes a photograph or video of another person that you have posted
without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content intended to draw
traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark
rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or
prohibited on the Forumrocks Website and through your use of the Forumrocks
Services. Forumrocks reserves the right to investigate and take appropriate
legal action against anyone who, in Forumrocks sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortuous activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products
or services through the unauthorized or impermissible use of the Forumrocks
Services. You may not transmit any chain letters or junk email to other
Members. In order to protect our Members from such advertising or solicitation,
Forumrocks reserves the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to a number which Forumrocks
deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages or other
unauthorized commercial communications of any kind through the Forumrocks
Services, you acknowledge that you will have caused substantial harm to
Forumrocks , but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay Forumrocks
$50 for each such unsolicited email or other unauthorized commercial communication
you send through the Forumrocks Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or
encouraging or assisting any other person in circumventing or modifying any
security technology or software that is part of the Forumrocks Services;
8.20 activity that involves the use of viruses, bots, worms, or any other
computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise permit the
unauthorized use of or access to a computer or a computer network;
8.21
covering or obscuring the banner advertisements on your personal profile page,
or any Forumrocks page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the
Forumrocks Services or the networks or services connected to the Forumrocks
Services;
8.24 impersonating or attempting to impersonate another Member, person or
entity;
8.25 for band, comedy, filmmaker and other profiles containing a Forumrocks
player, copying the code for your Forumrocks Player and embedding it (or
directing others to embed it) anywhere other than your band profile on
Forumrocks ;
8.26 using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to
access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the Forumrocks Services in order to
harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or
accepting payment or anything of value from a third person in exchange for your
performing any commercial activity through the unauthorized or impermissible
use of the Forumrocks Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose as one of
your "Top 8" friends, or sending private messages with a commercial
purpose; or
8.30
using the Forumrocks Services in a manner inconsistent with any and all
applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. Forumrocks respects
the intellectual property of others, and requires that our users do the same.
You may not upload, embed, post, email, transmit or otherwise make available
any material that infringes any copyright, patent, trademark, trade secret or
other proprietary rights of any person or entity. Forumrocks has the right to
terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the
Forumrocks Services in a way that constitutes copyright infringement, please
send Forumrocks Copyright Agent a notification of claimed infringement with all
of the following information:
(a)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works;
(b)
identification of the claimed infringing material and information reasonably
sufficient to permit us to locate the material on the Forumrocks Services
(providing the URL(s) of the claimed infringing material satisfies this
requirement);
(c)
information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an email address;
(d)
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;
(e)
a statement by you, made under penalty of perjury, that the above information
in your notification is accurate and that you are the copyright owner or
authorized to act on the
copyright owner's behalf; and
(f)
your physical or electronic signature. Forumrocks Copyright Agent for
notification of claimed infringement can be reached as follows: Copyright
Agent,Forumrocks , forumrocks Copyright Agent for notification of claimed
infringement can also be reached electronically by clicking here.
Forumrocks
provides certain tools and technologies to help facilitate copyright owners’
control over their copyrighted works. 10. Member Disputes. You are solely
responsible for your interactions with other Forumrocks Members. Forumrocks
reserves the right, but has no obligation, to become involved in any way with
disputes between you and other Members.
11.
Privacy. Use of the Forumrocks Services is also governed by our Privacy Policy,
which is incorporated into this Agreement by this reference.
12.
Disclaimers. Forumrocks is not responsible for and makes no warranties, express
or implied, as to the User Content or the accuracy and reliability of the User
Content posted on or through the Forumrocks Services, whether caused by Users
of the Forumrocks Services or by any of the equipment or programming associated
with or utilized in the Forumrocks Services and such User Content does not
necessarily reflect the opinions or policies of Forumrocks Profiles and third
party applications created and posted by Members on the Forumrocks Website may
contain links to other websites. Forumrocks is not responsible for the content,
accuracy or opinions expressed on such websites, and such websites are not
necessarily investigated, monitored or checked for accuracy or completeness by
Forumrocks . Inclusion of any linked website on the Forumrocks Services does
not imply approval or endorsement of the linked website by Forumrocks .
When
you access these third party sites, you do so at your own risk. Forumrocks
takes no responsibility for third party advertisements or third party
applications that are posted on or through the Forumrocks Services, nor does it
take any responsibility for the goods or services provided by its advertisers.
Forumrocks is not responsible for the conduct, whether online or offline, of
any User of the Forumrocks Services. Forumrocks assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any User or Member communication. Forumrocks is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or on any of the Forumrocks Services or
combination thereof, including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading materials in
connection with the Forumrocks Services. Under no circumstances shall
Forumrocks be responsible for any loss or damage, including personal injury or
death, resulting from use of the Forumrocks Services, attendance at a
Forumrocks event, from any User Content posted on or through the Forumrocks
Services, or from the conduct of any Users of the Forumrocks Services, whether
online or offline. The Forumrocks Services are provided "AS-IS" and
as available and Forumrocks expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Forumrocks cannot guarantee and does
not promise any specific results from use of the Forumrocks Services.
13.
Limitation on Liability. IN NO EVENT SHALL FORUMROCKS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
FORUMROCKS SERVICES, EVEN IF FORUMROCKS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FORUMROCKS
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
FORUMROCKS FOR THE FORUMROCKS SERVICES DURING THE TERM OF MEMBERSHIP.
14.
U.S.
Export Controls. Software available in connection with the Forum rocks Services
(the "Software") is further subject to United States export controls. No
Software may be downloaded from the Forumrocks Services or otherwise exported
or re-exported in violation of U.S.
export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida,
without regard to its conflict of law provisions. You and Forumrocks agree to
submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any
dispute arising out of the Agreement or the Forumrocks Services. EACH OF THE
PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY
HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED
TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO
CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED,
EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH
LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH
OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE
OTHER PARTY ENTERING INTO THIS AGREEMENT.
16.
Indemnity. You agree to indemnify and hold Forumrocks , its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the Forumrocks Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth in this Agreement and/or if any Content that you post on
or through the Forumrocks Services causes Forumrocks to be liable to another.
17.
Other. This Agreement is accepted upon your use of the Forumrocks Website or
any of the Forumrocks Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and
Forumrocks regarding the use of the Forumrocks Services. The failure of
Forumrocks to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. Forumrocks is a trademark of Forumrocks , Inc. This Agreement operates
to the fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining
provisions.
Please
contact us at: Contact Forumrocks with any questions regarding thisAgreement.
