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Live Conditions of Use
April 15, 2012
READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The Disclive Network website is a service offered by RockHouse Live Media Productions, Inc., a Delaware corporation (collectively, "RockHouse
Live" "we" or "us"). This Conditions of Use Agreement
(the "Conditions of Use" or "Agreement") contains the terms
and conditions applicable to your access and use of the web pages and services
located at http://www.rockhouselive.com (collectively, the ÒWebsiteÓ), whether
accessed via the internet, wirelessly or through any other method. You
accept this Agreement by using the Website or accessing any content available
through the Website.
Live may amend this Agreement at any time by posting the amended Conditions of
Use on the Website, and you agree that your use of the Website after such
changes will constitute your acceptance of such changes. Changes to this
Agreement will not be applied retroactively. For your convenience, the
date of last revision is included at the top of this page. IF YOU DO NOT AGREE
WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE
USE THE WEBSITE.
1. RockHouse Live's Proprietary Rights and Permitted Use
Website and the audio and video content available through the Website (the
ÒContentÓ) is the sole and exclusive property of RockHouse Live and/or its
licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose, any portion of the Website or the Content other
than as expressly authorized by RockHouse Live in writing. Use of the Website
or the Content in any way not expressly permitted by this Agreement is
prohibited, and may be actionable under United States or international law.
long as you agree and comply with the terms of this Agreement, and unless this
Agreement is otherwise terminated by RockHouse Live, you are permitted to view,
listen to and use the Website and the Content solely for your own personal
entertainment purposes; provided, however, that you may not duplicate, publish,
modify, distribute, perform or create derivative works from any part of the
Website or the Content unless expressly authorized by RockHouse Live in
writing. You agree that you will not remove or modify any acknowledgements,
credits or legal notices contained on the Website or in the Content.
hereby acknowledge and agree that, as between RockHouse Live and you, all
right, title, and interest in and to the Website and the Content, including
without limitation any patent rights, patents, business methods, copyrights,
trademarks, trade secrets, inventions, know-how, and all other intellectual
property rights pertaining thereto, shall be owned exclusively by RockHouse
terms may apply to some products or services offered on the Website and may be
posted in connection with the applicable product, service, feature or
activity. Any such terms are in addition to these Conditions of Use and,
in the event of a conflict, any such terms shall prevail over these Conditions
agree not to access the Website by any means other than through a standard web
browser. You further agree that you will not damage, disable, overburden, or
impair the Website or interfere with any other party's use and enjoyment of it.
If RockHouse Live makes software available to you for download, your download
and use of such software shall be subject to a separate license agreement.
AGREE TO INDEMNIFY, DEFEND AND HOLD ROCKHOUSE LIVE, ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER
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
(A) YOUR USE OF THE WEBSITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THIS
AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.
3. Account Password and Security
Website contains some features that require registration. At the time you
register for online account access, you will select a username and password to
be used in conjunction with your account. You are responsible for maintaining
the confidentiality of your password, and are fully responsible for all uses of
your password, whether by you or others. You agree to (a) log out of your
account at the end of each session; (b) keep your password confidential and not
share it with anyone else; and (c) immediately notify RockHouse Live of any
unauthorized use of your password or account or any other breach of
security. RockHouse Live cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
4. Financial Transactions
acknowledge and agree that RockHouse Live and/or its agent is authorized to act
on payment instructions received from anyone using your account and
password. Debit and credit card transactions are facilitated by a third
party (the ÒProcessorÓ), and you agree that RockHouse Live may share your
information, including information about your debit or credit card account,
with the Processor for this purpose.
5. Links to Other Websites and Search Results
Website may contain links to websites operated by other parties. RockHouse Live
provides these links to other websites as a convenience, and your use of these
sites is at your own risk. The linked sites are not under the control of RockHouse
Live, and RockHouse Live is not responsible for the content available on these
third party sites. Such links do not imply RockHouse Live's
endorsement of information or material on any other site and RockHouse Live
disclaims all liability with regard to your access to and use of such linked
6. Links to the Website or RockHouse Live Content
otherwise set forth in a written agreement between you and RockHouse Live, you
must adhere to RockHouse Live's linking policy as
follows: (i) the appearance, position and other
aspects of the link may not be such as to damage or dilute the reputation of RockHouse
Live, (ii) the appearance, position and other attributes of the link may not
create the false appearance that your organization or entity is sponsored by,
affiliated with, or associated with RockHouse Live, (iii) when selected by a
user, the link must display the Website on full-screen and not within a
"frame" on the linking website, and (iv) RockHouse Live reserves the
right to revoke its consent to the link at any time and in its sole discretion.
trademarks and logos used in connection with the Website are trademarks of RockHouse
Live and/or its licensors. Unauthorized use of any RockHouse Live trademark,
service mark or logo may be a violation of federal and state trademark laws.
Third party trademark references herein do not constitute or imply affiliation
with, endorsement, or recommendation of RockHouse Live by the respective
8. Modifications to Site
Live reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Website, or any portion thereof,
with or without notice. You agree that RockHouse Live shall not be liable to
you or to any third party for any modification, suspension, or discontinuance
of the Website.
9. Suspension and/or Termination Rights
Live reserves the right, at its sole discretion, immediately and without
notice, to suspend or terminate the Agreement, your account and/or your ability
to access the Website for any reason, including without limitation any breach
by you of this Agreement. You agree that RockHouse Live shall not be liable to
you or any third-party for any such suspension or termination.
you may not use the Website.
11. Disclosure of Personal and Financial Information
limitation of any of the rights granted to RockHouse Live herein, you
acknowledge and agree that RockHouse Live may preserve and disclose information
about you, your account and transactions made through the Website if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce our rights; or (c) protect the rights, property, or safety of RockHouse
Live, any individual or the public.
Website is not directed toward children under 13 years
of age nor does RockHouse Live knowingly collect information from children
under 13. If you are under 13, you are not permitted to register for an account
or to otherwise submit any personally identifiable information to the Website.
13. Disclaimer of Warranties
WEBSITE, THE CONTENT, AND THE PRODUCTS AVAILABLE FOR PURCHASE ON THE WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. ROCKHOUSE LIVE MAKES NO WARRANTY AS TO THE
ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE OR ANY CONTENT AVAILABLE
THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE
RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO
ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR
OTHER HARMFUL CODE.
14. Limitation of Liability
THE MAXIMUM EXTENT PERMITTED BY LAW, ROCKHOUSE LIVE DISCLAIMS ALL LIABILITY,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT,
EVEN IF ROCKHOUSE LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, ROCKHOUSE LIVE'S AGGREGATE LIABILITY ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL
NOT EXCEED THE AMOUNT PAID BY YOU TO ROCKHOUSE LIVE FOR PURCHASES MADE ON THE
15. Exclusions and Limitations
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to you.
16. System Requirements
downloads will be provided in MP3 (audio) and FLV (video) formats, and you must
have a compatible player to listen to or view such downloads. To use USB
devices purchased through the Website you must have a free USB port, at least 1
gigabyte of RAM and one of the following operating systems: Microsoft Windows
XP, Microsoft Windows 2000, Apple MacOS 9.1 or later, Apple MacOS
X 10.1.2 or later or Microsoft Windows Millennium Edition.
17. Terms of Sale
a) To make a purchase on the site, you must be at least 18 years of age and the age of majority in your jurisdiction.
b) If you do not receive email confirmation of your purchase within one (1) hour after making the purchase through the Website, please email us at firstname.lastname@example.org.
c) With the exception of purchases you agree to pick up in person, we will attempt to ship all purchases within one (1) business day after verifying your order and payment information; provided, however, that we cannot ship a recording of a show until at least seventy-two (72) hours after the performance. If available, tracking information will be provided via email.
d) If you receive a damaged or defective product, or a product you did not order, please return it and all original packaging to: RockHouse Live Returns, 1779 Kirby Parkway, Suite 1-332, Memphis, TN 38120, along with a proof of purchase and a signed statement describing the reason for the return. We will ship you a replacement product after verifying the details of your return.
e) Refunds are available only if a product you order becomes unavailable.
18. Governing Law
Agreement shall be governed by, and will be construed under, the laws of the
State of Tennessee, without regard to choice of law principles. Those who
choose to access the Website from locations outside of the United States do so
on their own initiative, and are responsible for compliance with local laws if
and to the extent local laws are applicable. You irrevocably agree to the
exclusive jurisdiction by the federal and state courts located in the County of
Shelby, in the State of Tennessee, to settle any dispute
which may arise out of, under, or in connection with this Agreement.
19. Force Majeure
Live shall not be liable for any delay or failure to perform resulting from
causes outside the reasonable control of RockHouse Live, including without
limitation any failure to perform hereunder due to unforeseen circumstances or
causes beyond RockHouse LiveÕs control such as acts
of God, fire, flood, earthquake, accidents, strikes, war, terrorism,
governmental act, failure of common carriers (including Internet service
providers and web hosting providers), or shortages of transportation facilities,
fuel, energy, labor or materials.
direct any questions you may have about this Agreement, billing, website or product
issues, to us at email@example.com.
any provision of the Conditions of Use 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 Conditions of Use shall remain in
full force and effect. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. RockHouse
Live's failure to act with respect to any failure by
you or others to comply with these Conditions of Use does not waive RockHouse Live's right to act with respect to subsequent or similar
failures. These Conditions of Use set forth the entire understanding and
agreement between you and RockHouse Live with respect to the subject matter
hereof. Any cause of action or claim you may have with respect to this
Agreement or the Website must be commenced within six (6) months after the
claim or cause of action arises or such claim or cause of action shall be
barred. You may not assign or transfer your rights or obligations under this
Agreement without the prior written consent of RockHouse Live, and any
assignment or transfer in violation of this provision shall be null and void.