Terms of Service
Welcome to "ClassicRockCentral.com" (the "Site").
It is important to us that you, and our other visitors, have the
best possible time while using our Site, and that when you use
this Site you are fully aware of our respective legal rights and
obligations. For that reason, we have created these Terms of Use
as the legally binding terms to govern your use of this Site.
Please read these Terms of Use carefully before using the Site,
because they affect your legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not
use this Site, because by using this Site you will be deemed to
have irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered
by ClassicRockCentral.com may be subject to additional terms and
conditions, which you should read carefully before making any
use of those areas. Any such terms will not vary or replace these
Terms of Use regarding any use of this Site, unless otherwise
expressly stated.
Please note that these Terms of Use may be revised and reissued
without notice at any time by updating this posting. You should
visit this page regularly to review the current Terms of Use,
since your continued use of the Site will be deemed as irrevocable
acceptance of any revisions. Unless explicitly stated otherwise,
any new features or functionality that augment or enhance the
Service, shall be subject to these Terms of Service. Classic Rock
Central Media, LLC reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. These
Terms of Use were last updated on December 5, 2006.
How To Contact Us
This Site is controlled and operated by Classic Rock Central Media,
LLC Company, (the "Operator"), located at 43150 Broadlands
Center Plaza, #152/128, Ashburn, VA 20148. Please forward any
comments or complaints, questions regarding privacy, and questions
regarding other legal matters to Operations@ClassicRockCentral.com.
Your Registration
To access this Site or some of the resources it has to offer,
you may be asked to provide registration details. It is a condition
of use of this Site that all the details you provide will be correct,
current, and complete. If we at ClassicRockCentral.com believe
the details are not correct, current, or complete, we have the
right to refuse you access to the Site, or any of its resources,
and to terminate or suspend your account.
Unless we have received a properly completed and acceptable parental
consent form governing your use of this Site, we will assume (and
by using this Site you warrant that) you have legal capacity to
enter into the agreement set out in these Terms of Use (i.e.,
that you are of sufficient age and mental capacity and are otherwise
entitled to be legally bound in contract).
Your E-Mail Address Is Safe With Us
We will never sell our subscriber list to anyone. You will on
occasion be asked whether you want to opt-in to receive special
e-mail notices from our partners and advertisers. Opting-in means
you are giving us permission to introduce you to those partners.
Classic Rock Media, LLC takes very seriously the private nature
of your personal information. This Privacy Policy describes how
we treat the information we collect when you visit our Web site
and/or register for the newsletter. Please read this notice carefully.
Privacy Policy
Personal Information - In order to supply you with the Classic
Rock Central newsletter we need your e-mail address. Similarly,
in order to supply you with text messaging services, we need your
phone number and your provider information. So that we may provide
you with additional services, we may also request your name, geographical
coordinates, and telephone number. Classic Rock Central does not
collect any other personal information that you do not expressly
provide. Classic Rock Central will never sell, rent or share your
personal information, including your e-mail address, with any
third parties for marketing purposes without your express permission.
Classic Rock Central may share your personal information for the
purpose of delivering our e-mail to you or as required by law.
Non-Personal Information
We may also request non-personally identifiable information, such
as [annual income, buying preferences, or age], also known as
demographic and profile data, though this information is optional.
We may use this data to improve our site and/or tailor your experience
at our site, showing you content that we think you might be interested
in, and displaying content according to your preferences. We may
also share this information with others, such as advertisers interested
in advertising in the Classic Rock Central or our site, in aggregate,
anonymous form, which means that the information will not contain
any personally identifiable information about you or any other
person.
Usage Information
In addition to collecting personal and non-personal information,
Classic Rock Central may also collect non-personal, aggregated
information about subscribers' use of this site. This information
is not personally identifiable and will only be used to find out
how subscribers use our service and site. For example, this information
will tell us how much time users spend on the site, from which
other sites subscribers came, and to what other sites subscribers
go. The collection of this information allows us to, among other
things, prepare for traffic load demands and to efficiently deliver
the content.
Choice/Opt-Out
If we ever send you information by e-mail concerning new products
or services that you did not expressly request, we will provide
you with an e-mail address by which you may request no future
notices.
Third Party Advertising
Some of the ads appearing on this Web site are delivered to you
by third party advertisers. Information about your visit to their
site, such as number of times you have viewed an ad (but not your
name, address, or other personal information), is used to serve
ads to you.
Classic Rock Central makes use of browser "cookies."
Cookies are small text files placed on your computer's hard disk
by our server. They allow us to quickly check your status as a
subscriber and facilitate access to your preferences. Classic
Rock Central will never use cookies to retrieve information from
a computer that is unrelated to our site or services.
Classic Rock Central also uses transparent GIF images. We use
these images to track the e-mails that we send out.
Third Party Cookies
In the course of serving advertisements to this site, our third-party
advertisers may place or recognize a unique cookie on your browser.
Use Of Material On The Classic Rock Central Web Site
The information, artwork, text, graphics, video, audio, or photographs
(collectively, "Materials") contained on the Classic
Rock Central Web site are protected by copyright and international
laws. You may only access and use the Materials for personal or
educational purposes. You may not modify or use the Materials
for any other purpose without Operator's express written consent
. Except as provided below, you may not reproduce, republish,
post, transmit, publicly perform, publicly display or distribute
any Materials on the Classic Rock Central Web site.
Trademarks and Copyrights
This Site and all materials incorporated by ClassicRockCentral.com
on this Site ("Material") are protected by copyrights,
patents, trade secrets or other proprietary rights ("Copyrights").
Some of the characters, logos or other images incorporated by
ClassicRockCentral.com on this Site are also protected as registered
or unregistered trademarks, trade names and/or service marks owned
by Classic Rock Central Media, LLC or others ("Trademarks").
ClassicRockCentral.com respects the intellectual property rights
of others and asks users of this Site to do the same.
Copyright And Trademark Notice
Copyright Classic Rock Central Media, LLC, and/or its licensors,
2006, all rights reserved. Classic Rock Central is the registered
trademark of Classic Rock Central Media, LLC.
Your Use of Material
Your right to make use of this Site and any Material or other
content appearing on it is subject to your compliance with these
Terms of Use. Modification or use of the Material or any other
content on this Site for any purpose not permitted by these Terms
of Use may be a violation of the Copyrights and/or Trademarks
and is prohibited.
You may access and display Material and all other content displayed
on this Site for non-commercial, personal, entertainment use on
a single computer only. The Material and all other content on
this Site may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way
unless specifically authorized by ClassicRockCentral.com. Any
authorization to copy Material granted by ClassicRockCentral.com
in any part of this Site for any reason is restricted to making
a single copy for non-commercial, personal, entertainment use
on a single computer only, and is subject to your keeping intact
all copyright and other proprietary notices. Using any Material
on any other web site or networked computer environment is prohibited.
Also, decompiling, reverse engineering, disassembling, or otherwise
reducing the code used in any software on this Site into a readable
form in order to examine the construction of such software and/or
to copy or create other products based (in whole or in part) on
such software, is prohibited.
Any computer software downloadable or otherwise available from
the Classic Rock Central Web site is licensed subject to the terms
of the applicable license agreement. Any services purchased or
otherwise made available from the Classic Rock Central Web site
are licensed under the terms of the applicable terms of service
agreement.
The Materials included on the Classic Rock Central Web site have
been compiled from a variety of sources, and are subject to change
without notice.
All media files on the Classic Rock Central Web site are protected
by copyright laws. You may not, under any circumstances, reproduce,
record, publish, publicly exhibit, or distribute any media files
made available for playback on the Classic Rock Central Web site
without obtaining the express written consent of the Operator.
You may not link directly to any media file located on a ClassicRockCentral.com
server, and you should not attempt to "pass-off" any
ClassicRockCentral.com content as your own work. You may not frame
the Classic Rock Central Web site without obtaining the express
written consent of Operator.
Disclaimer of Warranties
Your use of this site is at your own risk. ClassicRockCentral.com
and all the materials, information, software, facilities, services
and other content in ClassicRockCentral.com are provided "as
is" and "as available" without warranties of any
kind, either express or implied. To the fullest extent permissible
pursuant to applicable law, ClassicRockCentral.com disclaims all
warranties, express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular
purpose and non-infringement. ClassicRockCentral.com does not
warrant that the functions contained in this site will be available,
uninterrupted or error-free, that defects will be corrected, or
that ClassicRockCentral.com's web sites or the servers that make
them available are free of viruses or other harmful components.
ClassicRockCentral.com does not warrant or make any representations
regarding the use or the results of the use of the material, information,
software, facilities, services or other content in ClassicRockCentral.com
or any sites linked to ClassicRockCentral.com in terms of their
correctness, accuracy, reliability, or otherwise. ClassicRockCentral.com
makes no warranties that your use of the materials, information,
software, facilities, service or other content in ClassicRockCentral.com
will not infinge the rights of others and ClassicRockCentral.com
assumes no liability or responsibility for errors or ommissions
in such materials, information, software, facilities, service
or other content of ClassicRockCentral.com. If applicable law
does not allow the exclusion of some or all of the above implied
warranties to apply to you, the above exclusions will apply to
you only to the extent permitted by applicable law.
Operator makes no warranty, representation or guaranty as to
the content, sequence, accuracy, timeliness or completeness of
the Information or that the Information may be relied upon for
any reason. This service is available 'as is.' we do not warrant
that this service will be uninterrupted or error-free. There may
be delays, omissions, interruptions and inaccuracies in the news,
information or other materials available through this service.
For purposes of this section, "Operator" shall include
Classic Rock Central Media, LLC, and its divisions, subsidiaries,
successors, parent companies, and their employees, affiliates,
partners, principals, agents and representatives, their respective
members, directors, officers, managers, employees, shareholders,
agents and licensors and any third-party providers or sources
of information or data are not liable for incidental, indirect,
consequential, special, punitive, or exemplary damages of any
kind, including, without limitation, lost revenues or profits,
loss of business or loss of data, in any way related to this Service
or for any claim, loss or injury based on errors, omissions, interruptions
or other inaccuracies in this Service (including, without limitation,
as a result of breach of any warranty or other term of this Agreement).
Any claim against us shall be limited to the amount you paid,
if any, for use of this Service.
Limitation of Liability
ClassicRockCentral.com does not accept any liability for any loss
or damage (direct, indirect, punative, actual, consequential,
incidental, special, exemplary or otherwise) resulting from any
use of, or inability to use, ClassicRockCentral.com or the material,
information, software, facilities, services or other content on
ClassicRockCentral.com, regardless of the basis upon which liability
is claimed and even if ClassicRockCentral.com has been advised
of the possibility of such loss or damage. Without limitation,
you (and not ClassicRockCentral.com) assume the entire cost of
all necessary servicing, repair or correction in the event of
any such loss or damage arising. If applicable law does not allow
all or any part of the above limitation of liability to apply
to you, the limitations will apply to you only to the extent permitted
by applicable law.
Forums
The materials, information and opinions included and/or expressed
in or on bulletin boards, chat rooms, community pages or other
forums on this site ("forums") are not necessarily those
of ClassicRockCentral.com or its affiliated or related entities
or content providers. ClassicRockCentral.com does not undertake
to monitor or review forums, and the content of forums is not
the responsibility of ClassicRockCentral.com. ClassicRockCentral.com
may remove or modify any content without notice or liability at
any time in its sole discretion. Any use of the forums will be
at your own risk and will be subject to the disclaimers and limitations
on liability set out above.
Submissions, Postings and E-mails
ClassicRockCentral.com is interested in hearing from you. It is,
however, our policy that we will not accept or consider unsolicited
submissions of concepts, stories, or other potential content.
Therefore, please do not send ClassicRockCentral.com any unsolicited
submissions.
From time to time, areas on this Site may expressly request submissions
of concepts, stories, or other potential content from you ('Invited
Submissions'). Where this is the case, please carefully read any
specific rules or other terms and conditions which appear elsewhere
on this Site to govern those submissions ('Additional Terms'),
since they will affect your legal rights. If no Additional Terms
govern those submissions, then these Terms of Use will apply in
full to any Invited Submissions you make.
In any event, any material you send to us will not be treated
as confidential.
Please act responsibly when using this Site. You may only use
this Site and its contents for lawful purposes and in accordance
with applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through this Site. You may
not collect or store personal information regarding other users.
You recognize that storing, distributing or transmitting unlawful
material could expose you to criminal and/or civil liability.
You agree that if a third party claims that material you have
contributed to the Site is unlawful, you will bear the burden
of establishing that it is lawful. You understand and agree that
all materials publicly posted (other than by ClassicRockCentral.com)
or privately transmitted on or through this Site are the sole
responsibility of the sender, not ClassicRockCentral.com, and
that you are responsible for all material you upload, post or
otherwise transmit to or through this Site.
Registration
You agree to provide true, accurate, current and complete information
about yourself as prompted by the registration process (such information
being the "Account Information"). You agree to update
your Account Information in order to keep such information current.
Users that send postings, notes, articles, photos, videos, etc.
Will be required to complete an online registration form. You
will create a user name and password. Once you have completed
the registration process, we will set up a profile for you. You
are solely and entirely responsible for maintaining the confidentiality
of your password and user name. Furthermore, you are solely and
entirely responsible for any and all activities that occur under
your profile.
Public Forums
"Forums" mean any chat area, poll, bulletin board, e-mail
or other interactive function offered as a part of the Classic
Rock Central Web site. All information, advice, files, links,
communications or other materials posted by you (User-Supplied
Materials) to any Forum shall be your responsibility. You shall
not post or transmit via any Forum any User Supplied Materials
which infringe a third party's rights, including without limitation
any privacy, publicity or intellectual property rights, or that
are unlawful, untrue harassing, libelous, defamatory, abusive,
tortuous, threatening, harmful (including but not limited to viruses,
worms or similar software) or that is otherwise objectionable.
You shall use the Classic Rock Central Web site for lawful purposes
only.
The Forums shall be used only in a noncommercial manner. You shall
not, without Operator's express approval, distribute or otherwise
publish any material containing any solicitation, promotion or
advertising for goods or services.
By submitting User-Supplied Materials to any Forum, you grant,
or warrant that the owner of any such User-Supplied Materials
has expressly granted, to Operator a royalty-free, non-exclusive,
perpetual, right and license to use, reproduce, modify, publish,
and distribute all such User-Supplied Materials and/or to incorporate
such materials in other works in any form, media, technology now
known or later developed and to sublicense any and all such rights
to third parties.
Operator shall have the right, but not the responsibility, to
monitor and/or remove any User-Supplied Materials posted by you
to the Classic Rock Central Web site deemed harmful or offensive
in Operator's sole discretion, or that otherwise violate these
terms and conditions or any other terms and conditions which Operator
may institute from time to time. Operator shall have no liability
for the failure to receive or for the removal of any such materials.
Any opinions, advice, statements, services, offers or other information
or content expressed or made available by third parties, are those
of the respective author(s) or distributor(s) and not of Operator.
Operator makes no representations or warranties regarding the
Forums, and neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, information, or statement
made on or in connection with the Classic Rock Central Web site.
It is your responsibility to evaluate or seek the advise of professionals
to assist you in the evaluation of the accuracy, completeness,
or usefulness or any Information provided in connection with or
otherwise available on the Classic Rock Central Web site.
We at ClassicRockCentral.com require that you do not post e-mails
or submit to or publish through Forums or otherwise make available
on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any
entity or person, including violating anyone's copyrights or trademarks
or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual
or other relationship (e.g., inside information, proprietary or
confidential information received in the context of an employment
or a non-disclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or identifiers
to disguise the origin of the content;
(h) advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as specifically
authorized on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or 'Trojan
horses' or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act in
a way which affects the ability of other people to engage in real
time activities via the Site;
(l) copies any other pages or images on this Site except with
appropriate authority;
(m) includes MP3 format files;
(n) amounts to a 'pyramid' or similar scheme;
(o) amounts to 'data warehousing' (i.e., using any web space made
available to you as storage for large files which are only linked
from other sites). You must provide a reasonable amount of content
to accompany such material in order that at least some of the
traffic to your site comes directly via us;
(p) disobeys any policy or regulations established from time to
time regarding use of this Site or any networks connected to this
Site; or
(q) contains links to other sites that contain the kind of content,
which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship
banners or other material inserted by ClassicRockCentral.com anywhere
on this Site (e.g., on any web space made available for your use).
Indemnity
You agree to indemnify and hold Operator harmless from any claim
or demand, including reasonable attorneys' fees, made by any third
party due to, or arising out of or related to any information
you submit, post, transmit or make available through the Classic
Rock Central Web site, your use of the Classic Rock Central Web
site, your connection to the Classic Rock Central Web site, your
violation of these terms and conditions, or your violation of
any law, regulation or third-party right.
For purposes of this section, "Operator " shall include
Classic Rock Media, LLC, and its divisions, subsidiaries, successors,
parent companies, and their employees, partners, principals, agents
and representatives, and any third-party providers or sources
of information or data.
System Abuse
Without limitation, you agree not to send, create or reply to
so called "mailbombs" (i.e., emailing copies of a single
message to many users, or sending large or multiple files or messages
to a single user with malicious intent) or engage in "spamming"(i.e.,
unsolicited emailing for business or other purposes) or undertake
any other activity which may adversely effect the operation or
enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource,
or access to any resource, contained on this Site.
Security
Any passwords used for this Site are for individual use only.
You shall be responsible for the security of your password (if
any). ClassicRockCentral.com shall be entitled to monitor your
password and, at its discretion, require you to change it. If
you use a password that ClassicRockCentral.com considers insecure,
ClassicRockCentral.com will be entitled to require this to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided
in connection with this Site to compromise security or tamper
with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g. Password guessing
programs, cracking tools or network probing tools) are strictly
prohibited. If you become involved in any violation of system
security, ClassicRockCentral.com reserves the right to release
your details to system administrators at other sites in order
to assist them in resolving security incidents.
Investigations
ClassicRockCentral.com reserves the right to investigate suspected
violations of these Terms of Use, including without limitation
any violation arising from any submission, posting or e-mails
you make or send to any Forum. ClassicRockCentral.com may seek
to gather information from the user who is suspected of violating
these Terms of Use, and from any other user. ClassicRockCentral.com
may suspend any users whose conduct or postings are under investigation
and may remove such material from its servers as it deems appropriate
and without notice. If ClassicRockCentral.com believes, in its
sole discretion, that a violation of these Terms of Use has occurred,
it may edit or modify any submission, posting or e-mails, remove
the material permanently, cancel postings, warn users, suspend
users and passwords, terminate accounts or take other corrective
action it deems appropriate. ClassicRockCentral.com will fully
cooperate with any law enforcement authorities or court order
requesting or directing ClassicRockCentral.com to disclose the
identity of anyone posting any e-mails, or publishing or otherwise
making available any materials that are believed to violate these
Terms of Use. By accepting this agreement you waive and hold harmless
ClassicRockCentral.com from any claims resulting from any action
taken by ClassicRockCentral.com during or as a result of its investigations
and/or from any actions taken as a consequnce of investigations
by either ClassicRockCentral.com or law enforcement authorities.
Service
In order to use this site, you must obtain access to the world
wide web and pay any service fee associated with that access.
You will need to provide all equipment necessary to connect to
the Site on the World Wide Web (including a computer, modem and/or
other access devices).
ClassicRockCentral.com, reserves the right to modify or discontinue,
temporarily or permanently, all or any part of this Site and/or
any software, facilities and services on this Site, with or without
notice, and/or to establish general guidelines and limitations
on their use.
Local Regulations
ClassicRockCentral.com makes no representation that Materials
or other content in the Site are appropriate or available for
use outside the United States, its territories, possessions and
protectorates. If you choose to access the Site from other locations
you do so on your own initiative and at your own risk. You are
responsible for complying with local laws, if and to the extent
local laws are applicable. You specifically agree to comply with
all applicable laws concerning the transmission of technical data
exported from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless ClassicRockCentral.com,
its parent, subsidiaries and each of their respective officers,
directors, employees, agents, distributors and affiliates from
and against any and all claims, demands, liabilities, costs or
expenses, including reasonable attorney's fees, resulting from
your breach of any of the foregoing provisions, representations
or warranties, and/or from your placement or transmission of any
content onto ClassicRockCentral.com's servers, and/or from any
and all use of your account.
Our Use of Content
ClassicRockCentral.com will consider anything you provide to ClassicRockCentral.com
and/or contribute to this Site as available for our use free of
any obligations to you, except where we have expressly solicited
Invited Submissions and those submissions are expressly governed
by Additional Terms appearing elsewhere on this Site (see 'Submissions,
Postings and E-mails' above), in which event those Additional
Terms will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting
or uploading any content to this Site and/or providing any communication
or material to ClassicRockCentral.com ("User Content"),
you automatically and irrevocably: (a) grant and assign to ClassicRockCentral.com
any and all rights in the User Content throughout the world including
without limitation all copyright, together with all consents (if
any) necessary to enable its reproduction, distribution, modification,
publishing and/or other exploitation by ClassicRockCentral.com
and/or by any person authorized by ClassicRockCentral.com, by
any means and in all media now known or hereafter devised without
payment or other reference to you or any other person, and to
advertise and promote such exploitation, for the full period of
all such rights (together with any extensions and renewals) and
insofar as possible in perpetuity; (b) waive all moral rights
in the User Content which may be available to you in any part
of the world and confirm that no such rights have been asserted;
(c) appoint ClassicRockCentral.com as your agent with full power
to enter into any document and/or do any act ClassicRockCentral.com
may consider appropriate to confirm the grant and assignment,
consent and waiver set out above; (d) warrant that you are the
owner of the User Content and entitled to enter into these Terms
of Use; (e) confirm that no such User Content will be subject
to any obligation, of confidence or otherwise, to you or any other
person and that ClassicRockCentral.com shall not be liable for
any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the
control of ClassicRockCentral.com, and you acknowledge that (whether
or not such sites are affiliated in any way with ClassicRockCentral.com)
ClassicRockCentral.com is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content
of such sites. The inclusion of such a link does not imply endorsement
of any site by ClassicRockCentral.com or any association with
its operators.
ClassicRockCentral.com cannot ensure that you will be satisfied
with any products or services that you purchase from any third-party
site that links to or from ClassicRockCentral.com since other
shop channels are owned and operated by independent retailers.
ClassicRockCentral.com does not endorse any of the merchandise,
nor has ClassicRockCentral.com taken any steps to confirm the
accuracy or reliability of any of the information contained in
such third-party sites. ClassicRockCentral.com does not make any
representations or warranties as to the security of any information
(including, without limitation, credit card and other personal
information) you might be requested to give any third party, and
you irrevocably waive any claim against us with respect to such
sites. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online
transaction with any of these third parties. For further information
about the policies of online stores in the ClassicRockCentral.com
shopping mall, click here.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary
online service is subject to the rules, policies and guidelines
of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented
solely for the purpose of providing entertainment and information
and promoting programs, films, music, and other products available
in the United States, its territories, possessions, and protectorates.
The Site is controlled and operated by ClassicRockCentral.com
from its offices within the State of California, United States
of America.
These Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the State of California, as they
are applied to agreements entered into and to be performed entirely
within California. Any action you, any third party or ClassicRockCentral.com
may bring to enforce these Terms of Use or, in connection with
any matters related to the Site shall be brought only in either
the State or Federal Courts located in Los Angeles County, California,
and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed severable for this agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained
herein.
Copyright Infringement Notification Procedure
Operator's designated agent for notice of claims of copyright
infringement related to the Classic Rock Central Web site is:
Copyright Agent
Classic Rock Central Media, LLC
43150 Broadlands Center Plaza, #128
Ashburn, VA 20148
Pursuant to Title 17, United States Code, Section 512(c)(3),
a notification of claimed infringement related to the Classic
Rock Central Web site must be a written communication addressed
to the designated agent as set forth above, and must include substantially
all of the following:
1. A physical or electronic signature of the owner (or person
authorized to act on behalf of the owner) of an exclusive right
that is allegedly infringed;
2. Specific identification of the copyrighted work claimed to
have been infringed, or if multiple copyrighted works are covered
by a single notification, a list of each copyrighted work claimed
to have been infringed;
3. Information related to the work(s) reasonably sufficient for
Operator to promptly locate the work (e.g. Title of work, location
within the Classic Rock Central Web site, etc.);
4. Information reasonably sufficient to permit Operator to directly
contact the complaining party, such as a complete name and address,
telephone number, and an email address;
5. A statement that the complaining party has a good faith belief
that use of the work(s) in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
6. A statement requesting that Operator take a specific act with
respect to the alleged infringement (e.g., removal, access restricted
or disabled); and
7. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Arbitration, Jurisdiction & Governing Law
You and Operator agree that the exclusive remedy for all disputes
and claims relating in any way to, or arising out of, these terms
and conditions, the Classic Rock Central Web site, or your use
of the Information (including the arbitrability of any claim or
dispute and the enforceability of this paragraph), or to any other
alleged act or omission by you or Operator toward the other, shall
be determined exclusively by final and binding arbitration. The
arbitration shall be conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA")
before a panel of three arbitrators and conducted in the Operators
choice of either the State of Virginia. You and Operator also
agree that the AAA Optional Rules for Emergency Measures of Protection
shall apply to the proceedings. You and Operator may litigate
in court only to compel arbitration under these terms of use or
to confirm, modify, vacate or enter judgment on the award rendered
by the arbitrators. To the extent that you have breached or have
indicated your intention to breach these terms and conditions
in any manner which violates or may violate Operator's or any
of its licensor's intellectual property rights, or may cause continuing
or irreparable harm to Operator (including, but not limited to,
any breach that may impact Operator's or it's licensor's intellectual
property rights, or a breach by reverse engineering), Operator
may seek injunctive relief, or any other appropriate relief, in
any court of competent jurisdiction. You and Operator must commence
an arbitration by filing a demand for arbitration with the AAA
within ONE (1) YEAR after the date the party asserting the claim
first knows or reasonably should know of the act, omission or
default giving rise to the claim; and there shall be no right
to any remedy for any claim not asserted within that time period.
(If applicable law prohibits a one year limitations period for
asserting claims, the claim must be asserted within the shortest
time period in excess of one year that is permitted by applicable
law.) To the fullest extent permitted by applicable law: no arbitration
under these terms and conditions shall be joined to an arbitration
involving any other current or former licensee of Operator, whether
through class arbitration proceedings or otherwise; no finding
or stipulation of fact in any other arbitration, judicial or similar
proceeding may be given preclusive or collateral estoppel effect
in any arbitration hereunder (unless determined in another proceeding
between you and Operator); and no conclusion of law in any other
arbitration may be given any weight in any arbitration hereunder
(unless determined in another proceeding between you and Operator).
These terms and conditions shall be governed by the laws of the
State of Virginia and the Federal Arbitration Act, without regard
to conflicts of law provisions, and you hereby consent to the
exclusive jurisdiction of the state and federal courts sitting
in the State of Virginia. These terms and conditions will not
be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is hereby
expressly excluded.
Claims of Infringement
If you believe that any content appearing on this Site infringes
your copyright rights, we at ClassicRockCentral.com want to hear
from you. Please forward the following information in writing
to the Copyright Agent at the address listed below.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) the exact URL or a description of each place where alleged
infringing material is located;
(d) a statement by you that you have a good faith belief that
the disputed use has not been authorized by you, your agent, or
the law;
(e) your electronic or physical signature or the electronic or
physical signature of the person authorized to act on your behalf;
and
(f) a statement by you made under penalty of perjury, that the
information in your notice is accurate, that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Classic Rock Central
Broadlands Center Plaza, #128
Ashburn, VA 20148
Email: legal@ClassicRockCentral.com
ClassicRockCentral.com seeks to preserve any and all exemptions
from liability that may be available under the copyright law,
but does not necessarily stipulate that it is a service provider
as defined in USC section 512(c) or elsewhere.
General Provisions
You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States to the country
in which you reside. No delay or failure to take action under
these terms and conditions shall constitute any waiver by Operator
of any provision of these terms and conditions. These terms and
conditions (including all documents expressly incorporated by
reference) constitutes the complete and exclusive agreement between
Operator and you with respect to the subject matter hereof and
supersedes all prior oral or written understandings, communications
or agreements not specifically incorporated herein. If any provision
of these terms and conditions is invalid or unenforceable under
applicable law, it is, to that extent, deemed omitted and the
remaining provisions will continue in full force and effect. These
terms and conditions will bind and inure to the benefit of each
party's permitted successors and assigns. These terms and conditions
are personal to you and may not be transferred, assigned or delegated
to anyone. Any attempt by you to assign, transfer or delegate
these terms and conditions shall be null and void. A printed version
of these terms and conditions and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to these terms and conditions to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
