Terms of Use

ROCKONPHILLY.COM

TERMS OF USE

This Terms of Use Agreement (“Agreement”) and Privacy Notice (collectively, the “Terms”), govern your use of the website located at the URL http://rockonphilly.com (the “Website”). The Terms describe the permitted and prohibited uses of the Website, among other things. You should read it, understand it, and consider printing a reference copy as you use the Website.

DEFINITIONS

The Website is owned and operated by Rock on Philly, LLC (“Rock On”).

The terms, “Rock On”, “we”, “us”, “our” and “ours” when used in this Agreement means Rock On.

The terms “you”, “your” and “yours” when used in this Agreement means any user of this Website.

IMPORTANT

 IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES.  ROCK ON WILL ACCEPT NO ADDITIONS OR DELETIONS. At any time Rock On may change, add, or remove any part of this Agreement, upon reasonable notice to you, or any part of the services and features provided at the Website.

 IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE WEBSITE.  YOUR CONTINUED USE OF THE WEBSITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

OWNERSHIP

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Rock On or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

 

Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach this Agreement. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

ROCK ON TRADEMARKS

The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Website are the property of Rock On and other parties.  Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns such Trademark.

HYPERLINK DISCLAIMER

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website not controlled by Rock On does not mean that Rock On accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

ONLINE COMMUNITIES AND POSTINGS

The Website may contain message and communication facilities (“Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and content with other users and/or with us and these are referred to in this Agreement as a “Post” or “Posting,” and are collectively (“User Submissions”).  You understand that whether or not such User Submissions are published, Rock On does not guarantee any confidentiality with respect to any submissions. Rock On reserves the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that Rock On deems inappropriate for inclusion in the Communities, for any reason or for no reason. Rock On may delete any content that in the sole judgment of Rock On violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Rock On assumes no responsibility for monitoring the Rock On Content for inappropriate content or conduct. If at any time Rock On chooses, in its sole discretion, to monitor User Submissions, Rock On 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.  Communities are public and not private and you should assume your Postings will be read by others, with or without your knowledge or permission. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community. Your Posting will become public upon your election through the Website.

We do not endorse and have no control over the User Submissions.  You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Rock On is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 Rock On with respect thereto, and agree to indemnify and hold Rock On, its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Rock On neither endorses nor controls User Postings available, delivered or displayed in the Communities and assumes no duty to monitor or endorse Postings within the Communities, nor does Rock On represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of these TOS. Postings do not reflect the views of Rock On or any affiliates.

In no event shall Rock On or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these TOS, including, without limitation, or blocking specific IP addresses. You retain all of your ownership rights in your User Submissions. If a Posting originates from you, you hereby agree that:

(a) you are placing the Posting in the public domain without reservation of any rights, or further control over the Posting or its use, unless you have limited access to such Posting, and you specifically authorize Rock On to use such Posting in whole or in part, throughout the universe, and you are automatically granting Rock On a royalty-free, worldwide, perpetual, irrevocable, unrestricted, unconditional, non-exclusive, transferable license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with Rock On’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise. You also hereby grant each user of  the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement;

(b) you represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Rock On to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement; the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement (iii) the Posting does not contain libelous, tortious, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise unlawful or inappropriate information, infringe or violate any copyright protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Rock On all of the license rights granted herein, violate any other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement, (v) the Posting will not contain falsehoods or misrepresentations that could damage Rock On or any third party, (vi) the Posting shall not be damaging or injurious to Rock On or any user, (vii) you will not impersonate another person, and (viii) Rock On shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;

(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant Rock On the right to use such Posting as described above; and

(d) Rock On has the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made). Rock On does not permit copyright infringing activities and infringement of intellectual property rights on the Website. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Rock On will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. Rock On reserves the right to remove User Submissions without prior notice. Rock On will also terminate a User’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Rock On also reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Rock On may remove such User Submissions and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent:  Daniel A. Pepper, Esq.  Full Address of Designated Agent to Which Notification Should Be Sent: Pepper Law Group, LLC, 361 Route 31, Suite 1402, Flemington, New Jersey 08822; Telephone Number: 908.698.0330; Facsimile Number: 908.248.9220; E-mail Address: info@informationlaw.com; with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The amount of storage space on Rock On Services per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings.

LINKS FROM OTHER WEBSITES

Any link to this Website without our written permission is prohibited. Notwithstanding authorization to link to this Website, linking to any page other than the initial start page of www.rockonphilly.com is prohibited.  Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Rock On.

Authorization by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Website at any time and for any reason.

Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Agreement to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

PRIVACY

Rock On’s Privacy Notice provides details of our approach to privacy and how we collect, use and protect your personal information. For more information, please see our Privacy Notice.

MODIFICATION AND DISCONTINUANCE OF THE WEBSITE

Rock On reserves the right at any time and from time to time to delete, modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Rock On shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

INDEMNITY AND RELEASE

You agree to indemnify and hold Rock On and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:  (i) your violation of this Agreement; or (ii) your violation of any rights of another including but not limited to another’s intellectual property right.

EXCLUSION OF LIABILITY

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Without limiting the foregoing, you specifically acknowledge that Rock On is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Rock On is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Rock On. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Rock On. When you access these third-party sites, you do so at your own risk. Rock On takes no responsibility for third party advertisements which are posted to the Website.  Rock On is not responsible for the conduct, whether online or offline, of any user of the Website.  These limitations apply to any matter related to: the Website; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner.

DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY

  1. SOME OF THE CONTENT POSTED TO THE WEBSITE IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH ROCK ON. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT ROCK ON DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT ROCK ON IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD ROCK ON, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF POSTINGS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

 

  1. THE CONTENT ON THE WEBSITE IS “AS IS” AND CARRIES NO WARRANTIES. ROCK ON DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE WEBSITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. ROCK ON DOES NOT WARRANT THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. ROCK ON IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

 

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROCK ON AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ROCK ON OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROCK ON AND YOU.

MISCELLANEOUS

The Terms are a complete statement of the agreement between you and Rock On, and set forth the entire liability of Rock On and your exclusive remedy with respect to your access and use of the Website. The agents and employees of Rock On are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Rock On. Any waiver of the Terms by Rock On must be in a writing signed by an authorized officer of Rock On and expressly referencing the applicable provisions of the Terms. Your privilege to use or access the Website may be terminated by Rock On immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Website. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms will be governed by Pennsylvania law as applied to agreements entered into and to be performed entirely within Pennsylvania, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Philadelphia County, Pennsylvania and the federal courts in Philadelphia County, Pennsylvania. The Terms do not limit any rights that Rock On may have under trade secret, copyright, patent or other laws.

ENTIRE UNDERSTANDING

This Agreement contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.