Terms & Conditions
(updated April 20, 2011)
PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU START NAVIGATING THE SITE.
Welcome to the ROCK YOUR CAUSE™ (“Rock Your Cause”, “RYC”, “we” or “us”) website, www.rockyourcause.com or www.rockyourcause.ca (the “Site”).
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, written content, and other digital media and materials that appear as part of this Site (hereto called the “Contents”) are copyrights, trademarks, service marks, trade dress and/or other intellectual properties owned, controlled or licensed by ROCK YOUR CAUSE™. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright, trademark and other laws and all worldwide rights, titles and interests in and to the Site are owned by ROCK YOUR CAUSE™.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see may depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
USER GENERATED CONTENT
1. General Use
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photographs, graphics, or other digital media or content (the “User Generated Content”) to the Site, you (A) represent and warrant that you have the right to grant to ROCK YOUR CAUSE™ a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant ROCK YOUR CAUSEROCK YOUR CAUSE™™ and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant ROCK YOUR CAUSE™ the right to pursue at law any person or entity that violates your rights or the rights of ROCK YOUR CAUSE™ in the User Generated Content by a breach of these Conditions
User Generated Content submitted by users is deemed non-confidential and ROCK YOUR CAUSE™ is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, ROCK YOUR CAUSE™ reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. ROCK YOUR CAUSE™ is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain any rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require any personally identifying information to be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by ROCK YOUR CAUSE™ or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release ROCK YOUR CAUSE™ from any claims that you could otherwise assert against ROCK YOUR CAUSE™ by virtue of any such rights.
2. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If ROCK YOUR CAUSE™ provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drug use, tobacco or firearms or weapon use;
- Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited advertising or links to other commercial Sites;
- Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
- Material that communicates messages inconsistent with the positive good will of ROCK YOUR CAUSE™; or
- Material that, in the sole judgment of ROCK YOUR CAUSE™, is objectionable, or which may expose ROCK YOUR CAUSE™ or its users to any harm.
ROCK YOUR CAUSE™ takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, nor is ROCK YOUR CAUSE™ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, ROCK YOUR CAUSE™ is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although ROCK YOUR CAUSE™ has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, ROCK YOUR CAUSE™ reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
3. Comments and Submissions
Anything that you submit or post to the Site and/or provide ROCK YOUR CAUSE™, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as nonconfidential and nonproprietary, and ROCK YOUR CAUSE™ shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of ROCK YOUR CAUSE™ and shall not be returned to you. ROCK YOUR CAUSE™ is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold harmless ROCK YOUR CAUSE™, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
VENUE, FORUM AND CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of State of New York (www.saveourwomen.com) or the Province of Ontario (www.saveourwomen.ca) without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by binding arbitration according to the commercial rules of the American Arbitration Association or the National Arbitration Rules of the ADR Institute of Canada, Inc. In the event that a court of competent jurisdiction deems that the dispute is not subject to arbitration, then the dispute shall be resolved in a court of competent jurisdiction located in the City of Buffalo, State of New York (www.saveourwomen.com), City of Toronto, or Province of Ontario (www.saveourwomen.ca) .
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) ROCK YOUR CAUSE™ is not responsible for the contents of any linked Site or any link contained in a linked Site, or any changes or updates to such Sites; and (B) ROCK YOUR CAUSE™ is not responsible for any other form of transmission received from any linked Site. ROCK YOUR CAUSE™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ROCK YOUR CAUSE™ of the Site. Any concerns regarding any such link should be directed to the particular third party webSite.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROCK YOUR CAUSE™ OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF ROCK YOUR CAUSE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST ROCK YOUR CAUSE™ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
QUESTIONS AND FEEDBACK