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Terms & Conditions

ROCKCORPS WEBSITE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use ("Terms and Conditions") are an agreement between you and RockCorps, LLC ("RockCorps," "we," "us," and "our"), and govern your use of the RockCorps web sites or pages that display these Terms and Conditions, including without limitation our corporate web sites, located at www.rockcorps.com and www.rockcorps.org, as well as the Sites for Boost Mobile RockCorps, located at www.boostmobilerockcorps.com, on which links to these Terms and Conditions are displayed (collectively, the "Sites").

Your access to and use of the Sites is subject to the following Terms and Conditions and all applicable laws. These Terms and Conditions may be changed by us from time to time without notice to you, and the latest version will be posted on the Sites. You should review these Terms and Conditions when you use the Sites to ensure that you have a current understanding of the most recent Terms and Conditions. The Sites are not intended for children under the age of 14 years. By accessing and browsing the Sites, you accept, without limitation or qualification, these Terms and Conditions.

Ownership

Unless otherwise indicated, the Sites and their design, text, content, and other matters related to the Sites ("Content") are protected under applicable copyrights, trademarks and other proprietary laws (including, but not limited to, intellectual property laws), and all rights therein are the property of RockCorps or the material is included with the permission of the rights owner. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, without our express prior written permission. Permission is hereby granted to lawfully access and use the Sites to display, download, archive and print, portions of the Sites on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

The RockCorps logo, all product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Sites, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of RockCorps (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Sites are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Data Protection Consent

By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy. All personal data provided to us as a result of your use of the Sites will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us.

User-Submitted Content

Certain sections of our Sites allow users to submit comments or upload other content (collectively "User Content") to the Sites or to third party sites. Such User Content may be posted on or accessed through our Sites in the sole discretion of RockCorps.

By submitting any User Content to any of our Sites (whether the actual submission occurs on one of our Sites or a third party site, you are granting RockCorps ownership of all right, title, and interest therein, and RockCorps will have the perpetual, irrevocable, worldwide, royalty-free right, as the owner of the User Content, to reproduce, modify, display, distribute, perform, transmit, and create derivative works thereof, in any and all media or form of communication whether now existing or hereafter developed, and the right to grant third parties the right to exercise any of the foregoing rights or any other rights RockCorps may possess as the owner of the User Content, without notification or compensation to you, and without your consent. RockCorps reserves the right at all times to disclose any User Content or information as is necessary to satisfy any law, regulation or governmental request. RockCorps, in its sole discretion, may edit, refuse to post or remove any User Content, in whole or in part, for any reason, including, without limitation, User Content that is objectionable or in breach of these Terms and Conditions.

It is a condition of these Terms and Conditions that you do not:

  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent User Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • post or transmit any User Content which violates or infringes upon the rights of others, including User Content which constitute an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder;
  • post or transmit any User Content which contains a virus or other harmful component; or
  • post, or transmit or in any way exploit any User Content for commercial purposes which contains advertising, promotions or marketing.

By providing User Content to or for any of our Sites, you warrant and represent that you own the copyright for such User Content. RockCorps reserves the right to remove any User Content without notice and with or without cause, at any time, in its sole discretion, and to terminate your access to, and use of, any of our Sites, or to censor, edit or block your transmissions thereto.

Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITES OR THE CONTENT, WHICH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITES AND ANY WEBSITE WITH WHICH THEY ARE LINKED. WE DO NOT WARRANT THAT THE SITES, THEIR SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM 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 SITES 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. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms and Conditions may not apply to you.

Your Obligations

If you wish to register on any of our Sites (including without limitation registration for any specific promotions or activities offered through our Sites), you will be required to provide certain personal information to us. You agree to (a) provide true, accurate, current and complete information about yourself as prompted in the applicable page, and (b) maintain and promptly update your information to keep it true, accurate, current and complete.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your account by you or by anyone else, whether or not authorized by you.

You agree to use the Sites in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit through the Sites any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Sites is strictly prohibited. RockCorps reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of the Sites.

Additional Terms

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Sites. These special rules will be posted on or linked from the relevant portions of our Site or the portions of our Site that describe the specific promotions or activities. These additional rules are part of these Terms and Conditions, and you agree to comply with them when you participate in those promotions or activities.

Intellectual Property Policy

RockCorps respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on one of the Sites or has been otherwise copied or made available on one of the Sites in a way that constitutes copyright infringement, please send a notice of the alleged infringement to RockCorps including all of the following information:

  • An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
  • A description of the work that you claim has been infringed (including the URL, location on the web site, title and/or item number (if applicable) or other identifying characteristics);
  • Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
  • A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement to RockCorps’ agent for notice of claims of intellectual property infringement by any of the following: Attn: Copyright Agent
E-mail: legal@rockcorps.com
Fax: 212-938-1173
Mail: 419 Park Avenue South - 17th Floor, NY, NY 10016

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Sites (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Sites.

General

These Terms and Conditions (together with our Privacy Policy, which is incorporated herein) contain the entire understanding between you and us with respect to use of the Sites. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will be governed by and construed under the laws of the State of California in the United States of America, without regard to conflict of law principles. The Sites are intended to be accessed only by persons in the United States. Access to, or use of, the Sites may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Sites. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of California and venue therein to resolve any controversy or claim arising out of or relating to use of the Sites. If you have any questions, you may contact us at info@rockcorps.com or call us at 1 (888) ROCK-889.