These are the Rokthat LLC Terms and Conditions of the Rokthat site, community and of all sales to which all online purchases are subject.
Rokthat.com Site/Community User Agreement
Materials displayed on the Rokthat.com web site are protected by trademark, copyright, other intellectual property laws, and statutory and common laws. Use of the Rokthat.com site is subject to your compliance with the terms set forth below. If you do not wish to be bound by the terms, you may not use the Site. By using this Site, you agree to be bound by the terms of this Agreement. Rokthat.com may modify this Agreement at any time. Therefore, you should review this Agreement periodically before using the site.Your continued use of our services and the rokthat.com site will constitute your acceptance of the terms of the Agreement posted on the Rokthat.com site at the time of use.
Use of the Rokthat.com Site
Rokthat.com authorizes you to view and download one copy of the information and materials posted on the Rokthat.com Site solely for your personal, non-commercial use. You may not use, copy, reproduce, modify, sell, or distribute the information and materials posted on the Rokthat.com site in any way for any public or commercial purpose without the written permission of Rokthat.com.
Rokthat.com's Proprietary Rights
All proprietary rights, intellectual property rights, title and interest, including without limitation copyrights in and to the original and all copies of the Rokthat.com site, including messages, photos and videos posted by visitors to the Rokthat.com site are and shall be and remain the exclusive property of Rokthat, LLC. You agree that you have no proprietary or intellectual property right, title or interest in or to the Rokthat.com site. You may not at any time, whether during or after the termination of this Agreement, contest or do, or aid others in contesting or doing, anything which impairs the validity of any proprietary or intellectual property right, title or interest of Rokthat.com. This paragraph shall survive the expiration or termination of this Agreement.
Through the Rokthat.com site, you may provide Rokthat.com with graphics, content or other materials ("Your Materials"). By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Rokthat.com site, you are granting Rokthat.com a royalty-free, perpetual, non-exclusive, unrestricted, sub-licensable, worldwide license to use, modify, copy, reproduce, publish, distribute, sublicense, adapt, edit, transmit, translate, publicly perform or display Your Materials in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in Your Materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. This paragraph shall survive the expiration or termination of this Agreement.
Rokthat.com respects the intellectual property of others. If you believe that your work or another's work has been copied in a way that constitutes copyright infringement, please provide Rokthat.com's Copyright Agent with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Rokthat.com site; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Email Rokthat.com at copyright_abuse@Rokthat.com .
Site Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Rokthat.com site, we are not obligated to do so. Since we do not, and may not have the ability to, control or actively monitor content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us at copyright_abuse@Rokthat.com to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the site that may expose you to something you may find uncomfortable or offensive. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Information Posted by Visitors
Visitors to the Rokthat.com site may post messages, images, videos, and other data. You represent, warrant and covenant that: (a) you are at least thirteen (13) years old, (b) you will not upload, post or transmit to or distribute or otherwise publish through the Rokthat.com site any materials which (i) restrict or inhibit any other user from using and enjoying the Rokthat.com site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) harm minors in any way, (iv) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (v) violate, plagiarize, misappropriate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (vi) contain a virus or other harmful component, (vii) contain any information, software or other material of a commercial nature or constitute an unauthorized disclosure of trade secret information, (viii) contain advertising of any kind, or (ix) constitute or contain false or misleading indications of origin or statements of fact; and (c) that you will not use the Rokthat.com site to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or materials transmitted through the Rokthat.com site, (iii) upload, post, email or otherwise transmit any information or materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, information or trade secrets owned by others, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose, (v) stalk or otherwise harass another, or (vi) collect or store personal data about other users. You also acknowledge that much of the information and material posted on the Rokthat.com site is provided by third parties ("Third Party Content"). Third Party Content is the sole responsibility of the third party creator. All rights in and to the Third Party Content reside with the respective third parties, and you agree that Third Party Content is subject to the same restrictions that apply to the Site. Rokthat.com disclaims all responsibility for Third Party Content and merely provides Third Party Content on the Rokthat.com site as a service to you. More specifically, Rokthat.com does not represent, support or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Rokthat.com site by Third Parties. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Rokthat.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Rokthat.com site. BY ITS NATURE, THIRD PARTY CONTENT MAY BE INACCURATE, DECEPTIVE, OFFENSIVE, HARMFUL OR OTHERWISE INAPPROPRIATE. YOU AGREE TO EXERCISE COMMON SENSE, CAUTION AND PROPER JUDGMENT WHEN VIEWING, USING OR OTHERWISE RELYING UPON THIRD PARTY CONTENT. This paragraph shall survive the expiration or termination of this Agreement.
The Internet has become an inexpensive and convenient way for marketers and others to reach millions of consumers. An e-mail marketer may purchase a list of e-mail addresses from a list broker, who compiles it by gathering addresses from the Internet. You acknowledge that if you post your e-mail address or other personal information in a news group posting, the Rokthat.com site, or in a chat room, it may find its way onto these lists.
Hyperlinked Web Sites
The Rokthat.com site may include hyperlinks that may be used to jump to the web site of a third party. Rokthat.com has no control over the materials included in any hyperlinked web site and does not warrant in any way the information included in or the products or services sold through such a web site. Rokthat.com is not responsible for the privacy policies and/or practices of other sites. Users should read the privacy policies listed on any site.
Site Down Time
Due to power interruptions, "down time" or other factors beyond Rokthat.com's control, or due to any computer, software or other malfunction, Rokthat.com cannot and does not guarantee that the Rokthat.com site will always be available.
Disclaimer of Warranties and Liability
You agree that Rokthat.com is not responsible for any errors in or omissions from the information contained in or accessed through the Rokthat.com site or products or services provided by others as a result of usage of this site. The Rokthat.com site, and all information, products and services are provided "as is" without warranty of any kind, whether express or implied.
ROKTHAT.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS WITH REGARD TO ROKTHAT.COM'S, THE ROKTHAT.COM SITE, AND INFORMATION, PRODUCTS AND SERVICES PROVIDED BY OTHERS AS A RESULT OF USE OF THIS SITE, AND DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR TO ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, TIMELINESS, NON-INFRINGEMENT OR PROPRIETARY OR THIRD PARTY RIGHTS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. ROKTHAT.COM MAKES NO WARRANTY THAT (i) THE ROKTHAT.COM SITE WILL OPERATE ERROR-FREE, (ii) THE ROKTHAT.COM SITE WILL MEET YOUR REQUIREMENTS, (iii) THAT THE ROKTHAT.COM SITE OR ITS SERVER ARE SECURE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS, (iv) AS TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ROKTHAT.COM SITE WILL MEET YOUR EXPECTATIONS, OR (v) THAT ANY ERRORS IN THE ROKTHAT.COM SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROKTHAT LLC OR THROUGH OR FROM THE ROKTHAT.COM SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You further agree that to the maximum extent permitted by applicable law, Rokthat.com and its officers, directors, employees, agents, attorneys, subsidiaries, parent corporations, affiliated entities, shareholders, representatives, heirs, predecessors, beneficiaries, trustees, partners, joint venturers, successors and assigns (collectively, "Associated Entities and Persons") shall under no circumstance be liable to you or any third party for any direct or indirect damages of any nature whatsoever, including but not limited to, lost profits, lost opportunity, lost savings, special, consequential, incidental, punitive or exemplary damages, whether arising out of use or the inability to use the Rokthat.com site, Rokthat.com's services, the information, products or services of others provided as a result of use of the Rokthat.com site, or based on breach of contract, breach of warranty, tort (including without limitation negligence, duty to warn and strict liability), or any other legal or equitable ground, even if Rokthat.com has been advised of the possibility of such damages, and even if a remedy set forth herein has failed of its essential purpose. If you must rely upon information found in the Rokthat.com site, you should independently verify its accuracy. Without in any way limiting the limitations of liability above, in no event shall Rokthat LLC's entire cumulative liability under this agreement exceed five dollars ($5.00).
You agree to indemnify, save and hold harmless Rokthat.com and its Associated Entities and Persons from and against any and all losses, liabilities, obligations, damages, costs and expenses, whether known, unknown, contingent or inchoate, of any nature whatsoever, including, without limitation, actual attorneys' fees, court costs and other expenses incurred by Rokthat.com and its Associated Entities and Persons and shall defend Rokthat.com and its Associated Entities and Persons against any and all actions, causes of action, claims, demands, rights, suits, and proceedings brought against Rokthat.com or its Associated Entities and Persons, in connection with or as a result of (i) any violation of this Agreement, (ii) use or the inability to use the Rokthat.com site, (iii) any irregularity, error, problem or defect occurring on the Rokthat.com site which is caused by you, (iv) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted to the Rokthat.com site by you (or any person or entity that gains access to the Rokthat.com site through you), (v) Rokthat.com's services, information, products or services provided by Third Party Providers, any transaction between you and Third Party Providers, and/or (vi) any claims based upon the accuracy or inaccuracy of the information available through the Rokthat.com site.
Nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or corporation other than you and Rokthat.com and its Associated Entities and Persons, and their successors or assigns, any rights or remedies under or by reason of this Agreement. Any clause of this Agreement declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder. This agreement constitutes the entire agreement between us and governs your use of the Site, superseding any prior agreements between us.
In the event of any action by Rokthat.com to (a) enforce or interpret this Agreement, (b) recover damages for breach of this Agreement, (c) obtain declaratory relief in connection with this Agreement, or (d) otherwise obtain judicial relief in connection with the transactions that are the subject of or are contemplated by this Agreement, Rokthat.com shall be entitled to recover, in addition to all damages, all actual attorneys' fees, court costs and other fees and expenses incurred in connection therewith.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information and content. Specifically, you agree (a) to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (b) that you are not in a country where export of information or materials from the United States is prohibited; and (c) that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Rokthat.com's waiver or failure to insist upon strict compliance with any obligation, covenant, agreement or condition of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of California (excluding its choice of law rules). By using the Rokthat.com site, you irrevocably consent to jurisdiction and venue in Orange County, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Rokthat.com site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement sets forth the final, complete and exclusive agreement and understanding of Rokthat.com with you related to use of the Rokthat.com site, and supersedes all prior agreements, arrangements, communications, representations or warranties, by Rokthat.com or you.