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OnlineRock, Inc. Terms of Service
By
using any interactive services provided by OnlineRock, Inc
and its Web site, you are agreeing to comply with and be bound
by the terms, conditions and notices outlined in this agreement.
1.
As a condition of your use of this Web site and the interactive
services contained therein, you represent and warrant to OnlineRock,
Inc. that you will not use this Web site for any purpose that
is unlawful or prohibited by these terms, conditions, and
notices.
2. OnlineRock, Inc. reserves the right
to remove, delete or cancel any site that we feel that does
not meet the terms of our "Terms of Service".
3.
This Web site contains one or more of the following interactive
services: bulletin boards, chat areas, news groups, forums,
Web sites, communities and/or other message or communication
facilities. You agree to use such services only to send and
receive messages and material that are proper and related
to the particular service, area, group, forum, Web site, community
or other message or communication facility. In addition to
any other terms or conditions of use of any bulletin board
services, chat areas, news groups, forums, Web sites, communities
and/or other message or communication facilities, you agree
that when using one, you will not:
- Publish,
post, upload, distribute or disseminate any inappropriate,
profane, derogatory, defamatory, infringing, improper, obscene,
indecent or unlawful topic, name, material or information.
- Post
adult graphic content, either soft or hard core, links to
adult graphic content sites.
- Upload
files that contain software or other material protected
by intellectual property laws or by rights of privacy of
publicity unless you own or control such rights or have
received all necessary consents.
- Upload
files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer.
- Conduct
or forward chain letters, pyramid schemes or other actions
that could be considered "spam".
- Download
for distribution in any manner any file posted by another
user of a forum that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Defame,
abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
others.
- Use
of a Member's Web page as storage for remote loading.
- Redirect any URL to a Member's Web page.
- Falsify
or delete any author attributions, legal or other proper
notices, proprietary designations, labels of the origin,
source of software or other material contained in a file
that is uploaded.
- Restrict
or inhibit any other user from using and enjoying any of
the bulletin board services, chat areas, news groups, forums,
Web sites, communities and/or other message or communication
facilities.
Violation of any of these will result in the members removal from OnlineRock, Inc.
4. OnlineRock, Inc. has no obligation to monitor the bulletin
board services, chat areas, news groups, forums, Web sites,
communities and/or other message or communication facilities.
However, OnlineRock, Inc. reserves the right at all times
to disclose any information deemed by OnlineRock, Inc. necessary
to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part.
5.
You acknowledge that communications to or with bulletin board
services, chat areas, news groups, forums, Web sites, communities
and/or other message or communication facilities are not private
communications, therefore others may read your communications
without your knowledge. You should always use caution when
providing any personal information about yourself or your
children. OnlineRock, Inc. does not control or endorse the
content, messages or information found in any bulletin board
services, chat areas, news groups, forums, Web sites, communities
and/or other message or communication facilities and, specifically
disclaims any liability with regard to same and any actions
resulting from your participation. To the extent that there
are moderators, forum managers or hosts, none are authorized
OnlineRock, Inc. spokespersons, and their views do not necessarily
reflect those of OnlineRock, Inc.
6.
The information, products, and services included on this Web
site may include inaccuracies or typographical errors. Changes
are periodically added to the information herein. OnlineRock,
Inc. may make improvements and/or changes in this Web site
at any time. Advice received via this Web site should not
be relied upon for personal, legal or financial decisions
and you should consult an appropriate professional for specific
advice tailored to your situation.
7.
OnlineRock, Inc. makes no representations about the suitability,
reliability, timeliness, and accuracy of the information,
products, and services contained on this web site for any
purpose. All such information, products, and services are
provided "as is" without warranty of any kind.
8.
OnlineRock, Inc. hereby disclaims all warranties and conditions
with regard to the information, products, and services contained
on this web site, including all implied warranties and conditions
of merchantability, fitness for a particular purpose, title
and non-infringement.
9.
In no event shall OnlineRock, Inc. be liable for any direct,
indirect, punitive, incidental, special, consequential damages
or any damages whatsoever including, without limitation, damages
for loss of use, data or profits, arising out of or in any
way connected:
- with
the use or performance of this web site,
- with
the delay or inability to use this web site,
- with
the provision of or failure to provide services, or
- for
any information, software, products, services and related
graphics obtained through this web site, or otherwise arising
out of the use of this web site, whether based on contract,
tort, strict liability or otherwise, even if OnlineRock,
Inc. has been advised of the possibility of damages.
10.
Due to the fact that certain jurisdictions do not permit or
recognize an exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply
to you. If you are dissatisfied with any portion of this web
site, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using this web site.
11.
OnlineRock, Inc. reserves the right in its sole discretion
to deny any user access to this Web site, any interactive
service herein, or any portion of this Web site without notice,
and the right to change the terms, conditions, and notices
under which this Web site is offered.
12.
This agreement is governed by the laws of the State of California,
USA. You hereby consent to the exclusive jurisdiction and
venue of courts in San Mateo County, California, USA in all
disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and OnlineRock,
Inc. as a result of this agreement or use of this Web site.
The performance of this agreement by OnlineRock, Inc. is subject
to existing laws and legal process, and nothing contained
in this agreement is in derogation of its right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of this Web site or information provided
to or gathered with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of
the agreement shall continue in effect.
13.
This agreement constitutes the entire agreement between the
user and OnlineRock, Inc. with respect to this Web site and
it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written with respect
to this Web site. A printed version of this agreement and
of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. Fictitious names
of companies, products, people, characters and/or data mentioned
herein are not intended to represent any real individual,
company, product or event. Any rights not expressly granted
herein are reserved.
14. All Members agree to adhere to transfer quotas set up for each account level. Those going over their levels are subject to their account being temporarily taken off line.
15.
OnlineRock, Inc. can be contacted at 2033 Ralston Ave. #50, Belmont, CA 94002 and tephone 650-649-2304.
16.
All contents of this Web site are Copyright © OnlineRock, Inc.
All rights reserved.
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