We invite our subscribers to enjoy all the features this site has to offer, but we must require that each subscriber abide by certain rules. If you subscribe to this site, you agree to these terms.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
Rockanomics.com® Website Service (“Service”) is owned and operated by World Anthem, Inc. (referred to as “Rockanomics.com” within this Terms of Service), and provided to you (“Member”) under the terms and conditions of this Terms of Service and any operating rules or policies, price schedules, and any other supplemental documents which are expressly incorporated herein by reference in this TOS and published from time to time (hereinafter collectively referred to as “TOS”). The TOS comprises the entire agreement between Member and World Anthem Inc., and supercedes all prior agreements between the parties regarding the subject matter contained herein. BY CREATING A MEMBERSHIP USING THE ROCKANOMICS.COM SUBSCRIPTION WEB PAGE, OR BY VIEWING OR PARTICIPATING ON WEB PAGES WITHIN THE ROCKANOMICS.COM WEBSITE THAT DO NOT REQUIRE REGISTRATION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2.DESCRIPTION OF SERVICES
The Rockanomics.com Website contains the following services: streaming music, streaming video, commentary, opinion, blogs, music trivia, music news, online shopping, newsletters, and artist specific information. Members understand that the features and services may be provided by Rockanomics.com, or a third party partner.
3. MODIFICATIONS TO TERMS OF SERVICE
Rockanomics.com may amend or modify the terms and conditions of the TOS at any time and from time to time. Upon any change in the terms and conditions of the TOS, Rockanomics.com will notify Members by email. Also, the Member is responsible to regularly review the Rockanomics.com website to obtain timely notice of any such amendments. Member’s continued use of the Service constitutes an affirmative: (1) acknowledgement by Member of the TOS and its modifications; and (2) agreement by Member to abide and be bound by the TOS and its modifications.
4. MODIFICATIONS TO SERVICE
Rockanomics.com reserves the right to modify or discontinue the Service with or without notice to Members. Rockanomics.com shall not be liable to Members or any third party should Rockanomics.com exercise its right to modify or discontinue the Service.
5. MEMBER CONDUCT
BY CREATING A MEMBERSHIP USING THE ROCKANOMICS.COM SUBSCRIPTION WEB PAGE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OF AGE.
Member is solely responsible for the contents of Member’s data within the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with United States of America (“U.S.”) law regarding the transmission of technical data exported from the U.S. through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt the service or networks connected to the Service; and (4) to comply with all regulations, policies and procedures of the Service and networks connected to the Service.
The Service makes use of the Internet to send and receive certain data; therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to display or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or nature as deemed so solely by Rockanomics.com. Member further agrees not to display or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
Rockanomics.com may, at its sole discretion, immediately terminate Service should Member’s conduct fail to conform with the terms and conditions of this TOS, and take legal action against any violating member if appropriate.
It is Rockanomics.com’s policy to respect the privacy of its members. Rockanomics.com will not disclose subscribers’ private registration information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Rockanomics.com; (2) protect and defend the rights or property of Rockanomics.com; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
Member acknowledges and agrees that Rockanomics.com neither endorses the contents of any member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member acknowledges and agrees that certain technical processing of data may be required to: (1) work with the Service; (2) conform to connecting networks’ technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
7. COMMENT POSTING AND BLOGS
You further agree to grant us a worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to store, use, transmit, display, publish, reproduce, or otherwise distribute your comments and blog comments without limitation, as well as to make such additional uses of them as may be needed by Rockanomics.com, WAT, or any affiliated entity.
8. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Rockanomics.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Rockanomics.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Rockanomics.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Rockanomics.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. Rockanomics.com ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE MEMBER’S DATA ON THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Rockanomics.com OR THROUGH THE SERVICE SHALL CREATE OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY
IN NO EVENT WHATSOEVER SHALL Rockanomics.com BE LIABLE TO THE MEMBER OR TO THIRD PARTIES FOR ANY DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE USE OF THE SERVICE, THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, OR FOR ANY LOST REVENUES, LOST PROFITS, LOST SAVINGS OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY MEMBER OR ANY THIRD PARTY, EVEN IF Rockanomics.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. Rockanomics.com’S LIABILITY ARISING FROM OR RELATED TO THIS TOS SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO ANY FEES PAID BY MEMBER.
10. NO RESALE OF THE SERVICE
Member’s right to use the Service is personal to member. Member may be an individual, a corporation or other business entity. Member agrees not to resell use of the Service to any other individual or business.
Member agrees to indemnify, hold harmless and defend, at its own expense, Rockanomics.com, its parents, subsidiaries, affiliates, shareholders, officers and employees, from and against any claims, demands, actions, proceedings, judgments, decrees, costs and expenses, including reasonable attorneys’ fees, arising from or out of Member’s use of the Service, the violation of this TOS by Member, or any person authorized to act on Member’s behalf, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity.
Either Member or Rockanomics.com may terminate the Service with or without cause at any time and effective immediately. Rockanomics.com shall not be liable to Member or any third party for termination of the Service. Should Member object to any terms and conditions of the TOS or any subsequent amendments, modifications or changes thereto or become dissatisfied with the Service in any way, Member’s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership;
Upon termination of the Service, Member’s right to use the Service immediately ceases. Thereafter, Member shall have no right and Rockanomics.com will have no obligation to any other party. Rockanomics.com reserves the right to refuse to set up a subsequent account for any Member who has cancelled previous Service accounts.
13. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content of the Service, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the Service or email-distributed, commercially produced information presented to Member by the Service or by Rockanomics.com, is the sole and exclusive property of Rockanomics.com and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this content as expressly authorized by the Service. Member may not copy, reproduce, distribute, or create derivative works from this content without expressly being authorized to do so by Rockanomics.com in writing.
14.1 This TOS embodies the entire understanding between the parties and there are not other agreements, representations, warranties or understandings, oral or written, between them with respect to the subject matter of this TOS. No alteration, modification or change of the TOS shall be valid and enforceable unless approved by Rockanomics.com in writing.
14.2 Member agrees to hold all parts of the Service (including the Terms of Service) in confidence for Rockanomics.com. Member, its shareholders, officers, directors, employees, agents and representatives or other designees shall not disclose or cause to be disclosed to any third party any part or all of the Service or the terms of this TOS. Member may disclose the Service or the terms of the TOS to employees of Member to whom such disclosure is necessary to utilize the Service in accordance with the terms hereunder. Member shall appropriately notify all employees to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by them.
14.3 Any suit or action filed to enforce or contest any provision of this TOS, or the obligations imposed, shall be brought and prosecuted in a court of competent jurisdiction sitting in the Commonwealth of Pennsylvania, County of Philadelphia. Any suit, action, or proceeding concerning any disputes, controversies, or claims arising out of or relating to the Services or this TOS shall be instituted in any applicable court in Philadelphia County, Pennsylvania. Member irrevocably consents and submits to the jurisdiction and venue of such court for such purposes. Provided, however, that Rockanomics.com may elect to submit such matter to arbitration in Philadelphia, Pennsylvania in accordance with the then current Commercial Arbitration rules of the American Arbitration Association under an accelerated format such that the case shall be heard within thirty (30) days of submission. Rockanomics.com reserves its right to bring suit in any court elsewhere of competent jurisdiction and is not required to submit to arbitration.
14.4 If any of the provisions of the TOS are held by a court of competent jurisdiction to be illegal, invalid, or unenforceable under any applicable law, then such contravention or invalidity shall not invalidate the entire agreement. Such provisions shall be deemed modified to the extent necessary to render it legal, valid and enforceable, and if no such modification shall render it legal, valid and enforceable, then this TOS shall be construed as if not containing the provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly with the other provisions remaining in full force and effect. The provisions of Paragraphs 6, 8, 9, 10, 11, 13, 14.2, 14.3, 14.4, 14.5, 14.9 and 14.10 shall survive termination of the Service.
14.5 Member acknowledges and agrees that Rockanomics.com would be damaged irreparably in the event that any of the provisions of this TOS are not performed in accordance with their specific terms or are otherwise breached. Accordingly, Member agrees that Rockanomics.com shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this TOS and to specifically enforce this TOS and the terms and provisions hereof in any action instituted in any court of the U.S. or any state thereof having jurisdiction over the parties and the matter in addition to any other remedy to which it may be entitled hereunder, at law or in equity.
14.6 If at any time Member or Rockanomics.com retains one or more attorneys to enforce any covenant or provision of this TOS, or to defend itself against any claim by any other party hereto, whether or not suit is filed, the party who is wholly or partially successful shall be entitled to damages inclusive of the amount of such party’s reasonable attorneys’ fees, expenses and costs; this covenant shall survive the termination of the Service.
14.7 Rockanomics.com’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
14.8 Member and Rockanomics.com agree that any cause of action arising out of or related to the Service must commence within one (1) year after the alleged cause of action arose; otherwise, such cause of action is permanently barred.
14.9 This Agreement shall not confer any rights or remedies upon any individual, partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, unincorporated organization, governmental entity (or any department, agency or political subdivision thereof) or any other or similar type of entity other than the parties hereto and their respective successors and permitted assignees.
14.10 Member shall not assign any of its rights, duties or obligations nor delegate any of its obligations hereunder without the prior written consent of Rockanomics.com, which consent may be arbitrarily withheld. To the extent assignable, this ToS shall be binding upon and inure to the benefit of the parties hereto and their respective successors (including, specifically, any person or entity acquiring or otherwise succeeding to ownership of all or substantially all of the assets of any party hereto) and permitted assigns.
14.11 The paragraph titles and headings in this TOS are included for convenience of reference only and in no way modify or restrict any of the terms or provisions hereof, nor shall they be considered in the interpretation or construction of any provision in this TOS.
And Some Other Stuff
Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
Please avoid shouting (using all capital letters) in the discussion forums.
Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. This site strongly disapproves flaming.
When you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
We do not try to edit or to monitor messages posted on the discussion forums, but we reserve the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from using the forums, or even have their subscriptions terminated.
If you are a troll from another site, or a loser with nothing better to do than make trouble here – in discussion groups or otherwise, you will be terminated without refund.
Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.
Limitation of Liability
THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.