Terms Of Use

 

 

TERMS OF USE AND CONDITIONS FOR THE ROCKATAR WEBSITE - www.rockatar.com

 

1.     INTRODUCTION

We are a state-of-the-art new media company focused on providing the most fun, exciting, educational and entertaining place for kids on the Internet. Our website www.Rockatar.com offers a series of easy and fun rock band instrumental lessons. We provide an advanced Music Enrichment Program, which lets kids create, play and perform songs in their Music Studio and see them performed by their own Rockatar performers that they can design and outfit.  We also offer young performers a great opportunity to gain real world experience and build fans around the world through our interview and performance program called Rockatar Superstar Discovery.  The most popular new artists will have an opportunity to land a record deal with Rockatar Records™.  Our subscribers will be able to enjoy these performances on Rockatar TV in their Music Studio and share them with friends and family.  Rockatar’s website is rock solid, safe and secure, and our E-learning architecture is the best and most user friendly technology ever designed. Your child’s creative nature will be stimulated, nourished and facilitated to flourish in a safe but fun-filled platform. Rockatar.com is a completely child-safe and family-centric E-learning application. It’s designed to be fully compliant with federal mandates embodied in the Children's Online Privacy Protection Act (“COPPA”), which provides children and their parents or guardians with meaningful protection of their privacy rights. We intend to maintain this as a sight where parental peace of mind is assured while children are at the same time given a safe and secure facility to learn, play, create and have fun on the computer.

The ‘Rockatar Website’ consists of the internet site (www.rockatar.com) or other sites of Rockatar Inc., USA.  Any secondary or subsidiary sites bearing the term Rockatar in the web address or in the internal content and which is linked to the main www.rockatar.com site, is a part of the collective reference known as the ‘Rockatar Website’.  Furthermore, we have posted prominent access to these ‘Terms of Use and Conditions’ in the Rockatar Website. These terms govern the use of the site or sites by Users at all times.

The Rockatar Website, owned and managed by Rockatar Inc., USA and its affiliated Rockatar Academy and ROCKATAR E-LEARNING is referred to in these TERMS OF USE AND CONDITIONS collectively as ROCKATAR or by the pronouns We, Us or Our.  A reference to “Rockatar” includes within its collective umbrella all of the following: Rockatar, Inc., Rockatar Website, Rockatar Records, Rockatar Academy and all subsidiaries of Rockatar, Inc.

2.     DEFINITION OF “USER” – RECOGNITION AND ACCEPTANCE OF TERMS OF USE AND CONDITIONS

A User of the Rockatar Website is defined as a Member who Agrees, Understands and Accepts our Terms Of Use And Conditions set forth in this packet. In the case of an applicant for membership who is under the age of 13, at least one responsible parent or legal guardian must also Agree, Understand And Accept these Terms Of Use And Conditions set forth in this packet in order for the child under 13 to become a User.  Accordingly, this means that, in going forward with the registration process and becoming a User, each person (and his or her parent or legal guardian if the intended user is under the age of 13) must first carefully read, understand, agree to and accept these terms of use as a pre-condition to membership and to use of the site, including any and all of its facilities and services. If you do not agree to the foregoing requirement, or if you otherwise dispute or reject any of the terms and conditions that are laid down in this Terms Of Use And Conditions document, you cannot be accepted for membership, will not be qualified and approved as a User of the website. You may not in that instance access or use the Rockatar Website. By agreeing, understanding and accepting these Terms of Use and Conditions, you are also verifying and representing that you will abide by, honor and act in accordance with these terms and conditions, as applicable.

IMPORTANT NOTICE FOR THE PARENT OR GUADIAN:

IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE AGE OF 13, AND YOU PROVIDE YOUR CONSENT TO THE CHILD'S REGISTRATION WITH THE ROCKATAR WEBSITE, BY DOING SO YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND CONDITIONS WITH RESPECT TO THE CHILD’S USE OF THE ROCKATAR WEBSITE.

The Rockatar Website offers subscription-based services and periodic promotions for particular contests or sweepstakes, or other competitive or selection-by-chance features or activities. The terms and conditions of these promotions are compliant with applicable legal requirements. In a few instances, certain states may preclude the activity, and in that event, residents of those states will be precluded from participating in the particular promotion, game or contest. You are recognizing and approving the offering of those activities by your acceptance of these Terms of Use and Conditions, except as same may be prohibited by your state law.  

Accordingly, we hereby advise and inform all Members, Users, Parents and Guardians to read carefully and be satisfied that the Rockatar Website has taken adequate precautions to safeguard you and your child before you Agree, Understand and Accept these Terms of Use and Conditions.  When you click to agree and accept these Terms Of Use And Conditions, you are also verifying and acknowledging the reasonableness of these terms and of Rockatar’s protective measures, that you’ve read, observed and considered them, that you understand and accept them, and that you agree to abide by them in all respects in connection with you or your child’s use of the website.

The acceptance and approval of these Terms of Use and Conditions also reflects your acknowledgment that you are using and approving the Rockatar Website for the receipt, uploading and downloading, where specifically permitted, of data, materials and information available at or through the Rockatar Website. This includes your approval and acceptance of the Terms of Use and Conditions pertaining to the policy regarding Submissions, which is set forth below.

3.     USE OF CONTENT

The Rockatar Website is for your personal use only. You may not use it or any of its contents for commercial purposes. You may not duplicate copy or distribute its contents in whole or in part, at any time for any purpose, without the express prior written consent of Rockatar, Inc. All information, materials, activities, functions and other content (including your own submissions, as defined in Section 3 entitled ‘Submissions’) and all other content of any kind contained on Rockatar Website is ours to use for any purposes we may see fit in our sole and absolute discretion, including to promote, perform, produce, market, reproduce, transmit, share or display said content. The foregoing rights are unlimited and include the right to make a profit from any submission or content of any kind. If you are the legal copyright owner of any musical pieces or other written or recorded content that you’ve submitted to our Website, you hereby grant a full-featured license and all necessary legal rights to Rockatar to use said musical work, art work, or content of any kind for any and all purposes determined by Rockatar in its sole and absolute discretion, including for display, production, reproduction, recording, distribution, transmission, sharing, performance, demonstration, marketing, licensing and any other profit-making activities.  All trademarks, slogans, service marks, trade dress and trade names appearing on the site are proprietary to Rockatar and/or our licensors or licensees. We may change, delete from, modify, expand, re-organize or add to the website at any time for any purposes at our sole and exclusive discretion.

If you are the copyright owner of the rights to a musical product or any other work of art that you’ve submitted to Rockatar, generally or in connection with any specially “judged” promotion or other competition for determining musical and artistic excellence, or in connection with any “Superstar” contests or promotions, or otherwise being selected by Rockatar or having achieved “superstar of the future” status awarded to you by Rockatar, then you agree to provide an immediately-vested unrestricted Worldwide license to Rockatar, as defined and described in Section 5 (B) below.

No content in whole or in part from any Rockatar Website may be used, reprinted, re-designed, reproduced, transmitted, distributed or otherwise exploited in any way, not even as part of a derivative work, except upon the prior express written permission of Rockatar, Inc.  Where the Rockatar Website is configured to enable the download of particular content, you may download one copy of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications, alterations, additions or deletions to, and do not rent, lease, loan, sell, reproduce, duplicate, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works taken in whole or in part from the Rockatar Website and the Content, and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of ‘our’ products, services or brands. Using our Content for any other purpose, including but not limited to ‘re-mailing’, high-volume distribution, or automated use of our content on any other Web site or networked computer environment, is a violation of our copyright and other proprietary rights and is strictly prohibited.

In the event that we offer downloads of software on a Rockatar Website and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ‘Software’) are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer the title of ownership of the Software to you.

Except as permitted under applicable law, you may not distribute or otherwise exploit the software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.

Use of the Rockatar Website or any software, code, device or other mechanism that allows automated game play, expedited game play, or other manipulation of game play or game client will result in immediate termination of the Account. ROCKATAR reserves the right, in its sole and absolute discretion, to determine what constitutes manipulation of game play or game client.

YOU ACKNOWLEDGE, UNDERSTAND, ACCEPT AND VOLUNTARILY AGREE THAT NOTHING IN THESE TERMS OF USE AND CONDITIONS, AND NO CONTENT OR REPRESENTATIONS IN THE ROCKATAR WEBSITE, SHALL HAVE THE EFFECT OF PERMITTING OR IMPLYING PERMISSION FOR THE TRANSFER THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, SLOGANS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER PROPRIETARY RIGHTS IN THE SITE OR CONTENT, IN WHOLE OR IN PART, TO YOU OR ANY THIRD PARTY, NOR TO AUTHORIZE YOU TO CREATE DERIVATIVE WORKS BASED ON THE LEGALLY PROTECTED CONTENT.  You agree and warrant that you will not take any action that is inconsistent with or prejudicial in any way to such title.

4.     SUBMISSIONS

        A.    Definition of Submissions:

In these Terms Of Use And Conditions, we use the word ‘submissions’ to mean text, messages, ideas, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise collectively distribute on or through the Rockatar Website or any locations under its ownership, management and control.

There are two types of submissions: solicited submissions and unsolicited submissions:

Solicited submissions are those (a) that we expressly request or enable you to provide to us via any feature or activity on the Rockatar Website for our review, or for display or sharing with other users and members, and for potential consideration or compensation such as prizes or other value in games, sweepstakes, contests and promotions; and (b) that you distribute on or through the ROCKATAR WEBSITE for which you do not seek consideration (such as in ‘our’ Guest Services and in Public Forums (as defined below in Section 8, PUBLIC FORUMS AND COMMUNICATION’). Solicited submissions consist of original content provided by the User and do not contain legally protected content from other artists.

Unsolicited submissions are all remaining kinds and forms of submissions. Unsolicited submissions will include all of the types of media identified above, made by members and users in their private online studios and rooms on the Rockatar Website, and not authorized for sharing or distribution by Rockatar. This includes the use of legally protected content mixed with original content, that the member or user is entitled to view in a private online room but cannot share or distribute through the Website. Content that uses legally protected material of other artists is not solicited and is not allowed for sharing or distributing.

 

        B.  Objectionable Submissions Deleted – Users Suspended Or Barred Permanently

        1. PARENTS PLEASE NOTE:

All types of submissions made on this Rockatar Website are monitored individually by our trained staff.  Any language, web-speak, text messages, transcripts, lyrics, images, vocalizations, gestures, or communications of any nature that are obscene, perverse, embarrassing, personally insulting, racially inflammatory, oppressive, harassing, intimidating, threatening, or making implications or expressions of impending violence or harm to any property or persons, of any kind or nature, shall be immediately deleted, and the User will be suspended temporarily or permanently, depending on the extent of the violation, and barred temporarily or permanently from further use of the website and facilities, as determined in our sole and absolute discretion. The determination of what is offensive or objectionable, or otherwise made subject to these sanctions, shall be made by Rockatar, Inc. and its agents and employees, in their sole and absolute discretion. This prohibition extends to and includes the uploading and publishing to the Rockatar Website of any music, texts, songs, song rhymes or lyrics and any other contents of any compositions or uploads of any nature made by users, members, or visitors, which contains any offensive or objectionable content as defined above or so determined in the sole and absolute discretion of Rockatar, Inc., its agents and employees. Rockatar, Inc. will forward particularly egregious violations that implicate or threaten impending harm to persons or property or which evidence violation of state or federal law, to state or federal authorities in the violator’s district or jurisdiction, for further investigation and law enforcement purposes.

 

        2.  CHILDREN PLEASE NOTE:

Rockatar Website is a safe place for fun, excitement and learning. It’s family-centric and dedicated to clean, wholesome fun.  Any language, web-speak, gestures, or communications of any nature that are obscene, perverse, embarrassing, personally insulting to another person, racially inflammatory, threatening, or containing violent implications or expressions, of any kind or nature, shall be immediately deleted, and the User will be suspended temporarily or permanently barred from further use of the website and facilities, as determined in our sole and absolute discretion. The determination of what is offensive or objectionable, or otherwise subject to these sanctions, shall be made by Rockatar, Inc. and its agents and employees, in their sole and absolute discretion. This prohibition extends to and includes the uploading and publishing to the Rockatar Website any music, texts, songs, song rhymes or lyrics and any other contents of any compositions or uploads of any nature made by users, members, or visitors, which contains any offensive or objectionable content as so determined in the sole and absolute discretion of Rockatar, Inc., its agents and employees. Rockatar, Inc. will forward particularly egregious violations that implicate or threaten impending harm to persons or property or which evidence violation of state or federal law, to state or federal authorities in the violator’s district or jurisdiction, for further investigation and law enforcement purposes.

        3.  WE DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

The policy of Rockatar Inc., USA does not allow us to accept or consider unsolicited submissions. Therefore please do not distribute unsolicited submissions on or through the Rockatar Website. We want to avoid the possibility of future misunderstandings when projects developed by ‘us’ or under ‘our’ direction might seem to others to be similar to their own creative work. We therefore ask that you not ‘distribute’ any unsolicited submission. In any event, you hereby recognize, understand, and willingly agree that any submission you make is not made by you in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Rockatar, and that you have no expectation of any review, compensation or consideration of any type for an unsolicited submission. Furthermore, you assume any and all liability that may be incurred by sharing or making public unsolicited materials that contain content from legally protected sources, and you hereby do agree to indemnify and hold harmless Rockatar, Inc. from any claims made on account of your unsolicited submissions. You warrant that you understand, accept, acknowledge and agree that Rockatar does not condone the sharing or distribution in any way of this kind of submission and that any action to disseminate such material is done at your own risk, against the specific policy, rules and regulations of the Rockatar Website and Rockatar, Inc.

 Except as expressly stated in these Terms of Use and Conditions, the provisions of these Terms of Use and Conditions apply equally to unsolicited submissions and solicited submissions. Accordingly, Rockatar and its agents, employees, licensees, distributors, agents, representatives and other authorized representatives shall be entitled to exploit and disclose all submissions, and you hereby release, remise, and discharge forever Rockatar, Inc., and its agents, employees, licensees, distributors, representatives and subsidiaries or affiliates from any and all liability owed at any time, past, present or future arising out of the use, disclosure, exploitation or handling of any submissions posted to the Rockatar Website,

5.     LICENSES AND REPRESENTATIONS

A.    ADDRESS TO ADULTS:

We own licenses from American Society of Composers, Authors and Publishers and pay royalties accordingly for all musical performances. 

B.    ADDRESS TO CHILDREN:

Children are major users of the Rockatar Website. Children who use the Rockatar Website with the consent of their parent or guardian, understand that they are giving us and all persons and companies with a legal stake in the Rockatar Website a complete license for all the submissions made by them.

C.    LICENSE GRANTED TO ROCKATAR FOR FULL USE AND PROMOTION OF ALL SUBMITTED WORKS:

In order for you to understand the serious legal implications of your submissions with respect to the further uses of those submissions by Rockatar or authorized third parties, we provide you with the following statement of our rules and policy and of the impact on your rights. YOU ARE GIVING UP VALUABLE LEGAL RIGHTS BY YOUR ACCEPTANCE OF THE FOLLOWING TERMS:

By signing up, registering and acknowledging your acceptance of these Terms Of Use And Conditions, You, as a User or Member of the Rockatar Website give to Rockatar, Inc. and the Rockatar Website and to their licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any submission or substituting the lyrics and music in any submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including Rockatar Website, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “submissions License").

By communicating a submission, you represent and warrant that the submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 9 ‘RULES OF CONDUCT’) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such submission in all manners contemplated by these terms of use (including the worldwide submissions License). These Terms Of Use (including the submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to submissions.

To the extent that any submissions you distribute on or through Rockatar Website contain original songs or recordings, you hereby represent that you are a member of the applicable mechanical, performing rights and/or copyright owners' society and that all musical compositions (including lyrics) and sound recordings contained in such submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any rights society, you grant the worldwide submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such submissions. The granting of the worldwide submissions License does not affect your ownership of the original content of the submission but grants a right in us to use the submission for all purposes and intents that we, in our sole discretion, choose.  

To the extent that we solicit submissions through features or activities on or through the Rockatar Website (including games, sweepstakes, contests, promotions, and Public Forums (defined in Section 8 ‘PUBLIC FORUMS AND COMMUNICATION’) that require the use of ‘our’ copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your submissions are used by ‘us.’

You hereby appoint ‘us’ as your agent and attorney in fact with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

You agree that any submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and ‘us’ in any way, and that you have no expectation of any review, compensation or consideration of any type.

To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Submissions exist and are not exclusively owned by ‘us” and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to submissions submitted by you to ‘us.’

6.     ACCOUNTS

Some services on the Rockatar Website permit or require you to create an account to participate or to secure additional benefits. You agree that you shall not attempt to present false information or false identities of parents or guardians. Any such deception shall result in the refusal of the account. You shall not impersonate any person or entity or misrepresent you identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You will not violate any laws regarding identity theft and you understand and acknowledge that this Website has a duty to report any such violations to the appropriate legal authorities.

You agree not to provide true, accurate name as the user name. Please note we strongly discourage you to expose your personal identity.  Please remember: your user name should not be your real name. Also note that we do not request, store an email address of a user under 13 on our database.

You acknowledge that you may not sublicense, transfer, sell, or assign Your Membership or Account ID. Any attempt to sublicense, transfer, auction, sell or assign the Membership or Account ID is void, and such attempts, regardless of whether made by Account Holder, will result in immediate termination of Account. This does not prohibit a parent or legal guardian from registering on behalf of the child or from using the account in appropriate respects to represent the child’s interest.

You also agree to promptly notify the Rockatar Website of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to properly log off from and exit from your account at the end of each session.

Subject to applicable law, we may suspend or terminate your account and your ability to use any Rockatar Website for failure to comply with these Terms of Use and Conditions or any Special Terms related to a particular service, for any violation of these terms and conditions, as determined by us in our sole and exclusive discretion.

Users shall comply with any applicable currency exchange control requirements. Before completing your subscription transaction, you may review the transaction and correct mistakes and/or withdraw from the transaction. Access to the Service is available immediately on payment of the subscription transaction fee.

7.     E-COMMERCE

SPECIAL NOTICE FOR ADULTS including PARENTS and GUARDIANS of ‘USERS’ OR ‘MEMBERS’:

From time to time a User may have an interest in purchasing items from our online store. However, children are never allowed to complete such a transaction on their own. Involvement and approval of the parent or legal guardian is mandatory.

Children are prohibited from using a credit card to complete a money transaction without the express consent and participation of the parent in the purchase transaction.

Notice to Children: Children who want to buy something from our store will need to get the assistance of their parents. We suggest that you go ahead and talk with them and hopefully you’ll come to a suitable family decision that will be positive. Remember parents are always more encouraging and generous when they see that you are being sincere, honest and forthcoming in your information to them. They also appreciate knowing that you’re benefitting from the educational and entertainment service provided at Rockatar.  It would be nice if you share your accomplishments with them. Parents are usually more than willing to help a child to move forward in improving a skill set that shows promise and in which the child is showing sincere interest and applying a focused effort. All in all, the bottom line is that parents must provide the financial support for a child’s good choices.

8.     NO REFUND OF FEES

A membership subscription may be canceled by the User or by a Parent or Guardian at any time. However subscription fees and membership charges of any kind are non-refundable except as such policy may be prohibited by law.

You may contact us to cancel an auto-renewal or recurring charge as disclosed to you on the relevant site or application.

        E mail:         billing@rockatar.com

        Post:            

        Our information practices, including how we collect, use and disclose personal information are set forth in the PRIVACY POLICY located at the following link:  https://www.rockatar.com/privacy-policy/en

The period of the auto-renewal of any subscription shall be the same as the period of initial subscription, unless otherwise disclosed to you at the time of purchase. Any charges made in connection with recurring payments or automatic renewals shall be made at the rate that was in effect at the time of original purchase of the service, unless we notify of a change you before such charge is made.

9.     PUBLIC FORUMS AND COMMUNICATION

IMPORTANT NOTICE FOR ‘USERS’ (including PARENTS and GUARDIANS):

ROCKATAR WEBSITE USERS have the responsibility of knowing how to use the ROCKATAR public forum, when to use, what you can post, what you should not post.

The Public Forum is the area of the Website that offers the opportunity for a User to distribute submissions for viewing by other authorized Users. This includes a message board and comments boards in a social community environment. These areas are subject to strict policy of requiring only clean and non-threatening submissions and discussion. The use of obscene, harassing, threatening, abusive, or otherwise objectionable or illegal content is strictly prohibited. Violations of this police will result in termination of privileges either temporarily or permanently. In the case of particularly egregious violations, your improper communications can result in legal action and/or the transmittal of your IP address and other information to the appropriate authorities.

Spam and malware introduction into our system is a reportable offense that will be treated with strict adherence to governing law and will result in immediate termination of the account and services. Hacking attempts, trying to steal our Users’ passwords and usernames by visitors or others for gaining future entrance to the Website or for using that information for malicious purposes of any kind are strictly prohibited and will be reported to the applicable authorities.

We will not tolerate the posting of language that is obscene or threatening in any way because it inevitably has a negative impact on children and distracts them from the intended full enjoyment of our services. We intend to monitor closely and remove immediately any obscene, harassing, threatening, violent, insulting, or highly disturbing content, as we shall in our sole discretion identify. This kind of profanity and objectionable material can show a desecration or debasement of someone or something, or show strong or intense emotion directed in an outwardly damaging or offensive way. Profanity can take the form of words, expressions, gestures (such as flipping the middle finger), or other social behaviors that are construed or interpreted as insulting, rude, vulgar, obscene, obnoxious, foul, desecrating, or other forms that offend, distract or cloud the sensitivities of children.

Both Users And Their Consenting Parents And Guardians Are Responsible For All Submissions By Users. You Hereby Acknowledge Your Understanding And Appreciation That Public Forums And Features Offered Therein Are For Public And Not Private Communications, And Must Be Governed To Be Acceptable And Non-Damaging In Any Way For Its Reception By Young Children. You Acknowledge Your Understanding And Appreciation That You Have No Expectation Of Privacy With Regard To Any Submission To A Public Forum.

We cannot guarantee the security of any information you disclose through any of these media however we have taken every possible measure to encrypt personally identifiable data and sensitive data before storing. Furthermore we not collect any personally identifiable information if the user is 13 or below. Such personally identifiable data can be parents’ credit card information, names and contact numbers. 

Subject to applicable law, you are and shall remain solely responsible for the submissions you distribute on or through the Rockatar Website under your username or otherwise by you in any Public Forum and you assume the full consequences of submitting and posting same. You also acknowledge that at times we may miss an objectionable posting or submission for an initial period of time. Prior to our identifying such material, you do hereby agree, affirm, acknowledge and understand that your access to and use of any submission posted in any Public Forum is at your own risk. Rockatar, Inc. and Rockatar Website specifically renounces responsibility or liability for any opinions, advice, recommendations or representations of any nature posted or communicated by Users. Rockatar does not endorse or agree with any such material merely by allowing it to be posted. You must use your own discretion in approaching any postings or submissions, and if you are a parent or guardian, you recognize that it is your responsibility to monitor the activities, submissions, postings and content provided by your children on any Rockatar Website. 

Rockatar, Inc. and Rockatar Website have the sole discretion and authority to post, deliver, remove, modify or otherwise use or take any action with respect to submissions.

Rockatar reserves the right to screen, refuse to post, remove, edit, store and/or review submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the submissions conforms to the its Rules of Conduct in our absolute and sole discretion without prior notice. If we elect to screen submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your submissions including, without limitation and by example, with respect to the copyright of a submission, we may contact you for further information including, for example, verifying that you own the copyright or otherwise obtained permission to post the material.

10.                        RULES OF CONDUCT

 

For ‘USERS’ or ‘MEMBERS’ and for PARENTS and GUARDIANS

The following ‘Rules Of Conduct’ apply to the Rockatar Website. By using the site you agree, acknowledge, accept and warrant that you understand these rules, and you will abide by them in all respects. You warrant and represent that you will not upload, share or distribute any submission that:

·         is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

·         is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

·         infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights;  right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission); or (c) any confidentiality obligation;

·         is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

·         contains a virus, malware or other harmful component, or otherwise tampers with, impairs or damages the Rockatar Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Rockatar Website; or

·         it (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other USERS are or will be complying with the foregoing Rules Of Conduct or any other provisions of these Terms Of Use, and, as between you and Rockatar, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

11.  NO WARRANTIES

Subject to applicable law, the content contained on the Website or any affiliated or subsidiary websites is provided "as is" and without conditions or warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, subject to applicable law, those of merchantability and fitness for a particular purpose. We make no warranties with respect to the accuracy, truthfulness or reliability of any representations, submissions or postings on the site. We likewise do not warrant in any way that access to the Website will be uninterrupted, that defects will be corrected, or that the website or communicating servers making content available are free of viruses or other harmful components. Moreover, subject to applicable law, you assume the entire cost of all necessary servicing, repair or correction. You hereby agree and acknowledge that you are voluntarily acting at your own risk with respect to the content on the sites. We do not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information), to the fullest extent permitted by applicable law. Please note, however, that this does not affect your statutory rights as a consumer, in particular the legal warranty for latent defects for ‘users’ who access the site in certain jurisdictions. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12.  LIMITATION OF LIABILITY

Subject to applicable law, under no circumstances, shall we, our group undertakings, our and our group undertakings' licensors or licensees, or any of the foregoing entities' respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Rockatar Website or its content, or (b) the conduct or actions, whether online or offline, of any User of the Rockatar Website or any other person or entity, even if we have been advised of the possibility of such damages. Subject to applicable law, in no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to the Rockatar website. Moreover, subject to applicable law, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities' respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.

13.  RELEASE AND INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all the activities that occur under your account(s). You hereby release, quitclaim and forever discharge Rockatar, Inc., its agents, employees, officers, administrators, successors and assigns from any and all liability, of and from all manner of claims, demands, accounts, actions, suits, causes of action, debts, contracts, liabilities and obligations of any nature whatsoever, including, but not limited to, any and all claims you may have arising out of the use of the Rockatar Website and for harm to you by any and all negligent, tortious or harmful actions committed by third parties, including identity theft or theft of your submissions or any other property or rights you may have and you agree to indemnify, save and hold harmless Rockatar from same.

You hereby agree to indemnify, defend, and hold us, our group undertakings, and our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or by other parties or entities in which your rights are involved directly or indirectly, in the use of the Rockatar Website or other services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

14.  AMENDMENT, MODIFICATIONS AND CHANGES

Rockatar reserves the right to amend, modify or change these Terms of Use and Conditions at any time (including by modification, deletion and/or addition of any portion thereof), without prior notice. To the extent feasible under the circumstances, Rockatar will publish any changes or modifications to this document and make changes accordingly within a reasonable time.

If we make a material amendment to these Terms Of Use we will notify of the amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Rockatar Website. Amendments to these Terms of Use and Conditions are effective immediately upon publication on the Website. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

15.    TERMINATION

These Terms Of Use are effective until terminated by either you or Rockatar. You may terminate these Terms Of Use at any time by discontinuing use of the Rockatar Website and destroying all materials obtained from the Rockatar Website and all related documentation and all copies and installations thereof, whether made under these Terms Of Use or otherwise.

We may immediately terminate these Terms Of Use with respect to you (including your access to the Website) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms and conditions. Upon termination, you must cease use of the Website and destroy all materials obtained from the Rockatar Website and all copies thereof, whether made in compliance with these Terms Of Use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of Users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise harassing or illegal activity may also be grounds for termination of your account, at our sole discretion, as more fully described in the body of these terms and conditions set forth above.

16.   GENERAL PROVISIONS; GOVERNING LAW

A.    Subject to the requirements of applicable state and federal law, these terms of use and conditions shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law.

B.    If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

C.    No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

D.    In these terms and conditions, the word "including" is used illustratively, as if followed by the words "but not limited to."

E.    You agree that any dispute under these terms and conditions will be submitted to arbitration pursuant to the rules and procedures of the American Arbitration Association, and that this is your sole and exclusive remedy.

F.     Supply of goods, services and software through Rockatar is subject to United States export control and economic sanctions requirements. By purchasing any items in the Website store you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through our Website if:  1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Rockatar, Inc.

Address: 12631 Race Track Road, Tampa, Florida 33626, USA.

Email: info@rockatar.com