ROOTSANDRESONANCE.com provides its services to Users subject to the following
The following definitions apply to the TOS.
The term "User" means any person or entity that
(a) downloads, attempts to download or otherwise utilizes any uniform resource
locator ("URL") that resides entirely upon a server
owned or operated by ROOTSANDRESONANCE.com; (b) Transmits electronic mail, files or other
data transmission, information or other matter onto any network owned or
operated by ROOTSANDRESONANCE.com or onto the Site (whether via private Transmission or
public upload posting); (c) is linked to a URL resource owned or operated by
ROOTSANDRESONANCE.com; and (d) contacts, accesses or views ROOTSANDRESONANCE.com or the Site,
whether through the use of any telecommunications network or otherwise.
The term "Subscriber" means a User who pays a fee
(determined from time to time by ROOTSANDRESONANCE.com in it's sole discretion) and is
granted access to certain areas of the Site only after successfully completing
login protocols established from time to time by ROOTSANDRESONANCE.com, including without
limitation, through the use of an approved User name and password.
The term "Content" means all data, text,
software, music, sound, photographs, graphics, video, messages or other
information or materials of any kind.
The term "Services" means all resources
(including Content) provided via or available on the Site at any time,
including without limitation, and by way of example only, a User's ability to
(i) access or view Content, and to login into the Site as a Subscriber and
create or change such Subscriber's Registration Data (defined below); (ii)
communicate with the Site and other Users via the Site (including without
limitation the ability to download or upload Content or other information or
material, post messages and participate in groups message boards or forums);
and (iii) shop or utilize other available services, including authorizing
charges to such User's PayPal account, credit or debit card, checking account
or telephone invoice in order to make purchases or pay subscription fees
related to the Site.
The term "Site" means the website
The term "ROOTSANDRESONANCE.com" is an assumed business
name of REBEL NOISE, a California company. Without limiting the foregoing, for the purposes of the TOS,
ROOTSANDRESONANCE.com means REBEL NOISE, a California company.
The term "Transmit" or "Transmission"
means when a User uploads, posts, e-mails, transmits or otherwise makes
available (directly or indirectly, by act or omission) or communicates any
Content or other information or material to the Site, or through such means
utilizes a Service available on or through the Site.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject to the TOS, which
may be revised, changed, altered or updated from time to time without notice by
ROOTSANDRESONANCE.com, in ROOTSANDRESONANCE.com¹s sole discretion. The most current version of the
TOS will always be located and displayed on the Site. When a User accesses or
uses any part of the Site, such User agrees to the terms and conditions of the
REGISTRATION OBLIGATIONS AND SECURITY
In consideration of User's access to or use of the Site (whether as a
Subscriber, guest or otherwise), the User agrees to: (a) provide true,
accurate, current and complete information about the User as prompted by the
ROOTSANDRESONANCE.com¹s registration and profile forms, or any other questionnaire or
information input format, which requests information from or about User, and
(b) maintain and promptly update such information to keep it true, accurate,
current and complete (collectively, such information is sometimes referred to
as the "Registration Data"). Without limiting any other matter
contained herein, a User's access to or use of the Site may be suspended or
terminated (without cost to ROOTSANDRESONANCE.com and without obligation for
reimbursement of any fees previously paid by a Subscriber to ROOTSANDRESONANCE.com) for
such User's failure to provide or maintain true, accurate, current and complete
Registration Data as provided in the TOS.
Each Subscriber is responsible for maintaining the confidentiality of any
Subscriber login user name and password (or other identifying information).
Each Subscriber is solely responsible for all activities that occur under the
Subscriber's login user name or password, and neither the login user name nor
password may be assigned or transferred to any other person or entity,
voluntarily or involuntarily, by operation of law or otherwise, without the
express prior written consent of ROOTSANDRESONANCE.com, which consent may be withheld in
ROOTSANDRESONANCE.com¹s sole discretion. Each Subscriber agrees immediately to notify
ROOTSANDRESONANCE.com of any unauthorized use of such Subscriber's name or password, and
each User agrees immediately to notify ROOTSANDRESONANCE.com of any unauthorized use any
other breach of security with respect to the Site known by such User.
User acknowledges and understands that all Content a User Transmits to the
Site, whether publicly posted on the Site or privately Transmitted onto or via
the Site, is not reviewed or pre-screened by ROOTSANDRESONANCE.com and is the sole
responsibility of such User from whom such Content originates or is uploaded.
This means that the User, and not ROOTSANDRESONANCE.com, is responsible for all Content
that the User Transmits onto or via the Site, whether or not displayed
ultimately on the Site. Therefore, ROOTSANDRESONANCE.com does not guarantee the accuracy,
integrity or quality of Content Transmitted to the Site by a User, nor does
ROOTSANDRESONANCE.com make any representation or other warranty with respect to such
Content. Without limitation, and by way of example only, Users may email to the
Site calendar events (known as ³shows² on the site). ROOTSANDRESONANCE.com does not
regularly, and may not ever, review the accuracy or consistency of such shows.
User understands and acknowledges that by viewing, using or accessing the
Site, the User may be exposed to Content that may be considered or deemed
offensive, indecent or objectionable.
User agrees to NOT use the Site to:
Transmit any Content that is
unlawful, harmful, threatening, abusive, pornographic, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful or racially, ethnically or otherwise objectionable;
harm minors or any person in
impersonate any person or
entity, or falsely state or otherwise misrepresent User's affiliation with
a person or entity;
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Site;
Transmit any Content that
User does not have a right to Transmit, whether or not under any law, rule
or regulation, or under contractual or fiduciary relationships;
Transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
Transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes"
or any other form of solicitation;
Transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
interfere with or disrupt the
Site or ROOTSANDRESONANCE.com or servers or networks connected to the Site or
ROOTSANDRESONANCE.com, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site or ROOTSANDRESONANCE.com, or violate
any terms contained in the TOS;
otherwise harass another; or
collect or store personal
data about Users other than User.
download Content except as
otherwise permitted under the TOS.
User acknowledges that (i) ROOTSANDRESONANCE.com or its designee has the right (but
not the obligation) in its sole discretion to refuse, move or delete any
Content that is Transmitted onto or made available via the Site, and (ii) that
a User's Transmission of Content to the Site or ROOTSANDRESONANCE.com does not imply any
promise or covenant on behalf of ROOTSANDRESONANCE.com that such Content will be
displayed, nor does it imply any promise or covenant (except with respect to
information submitted by a User necessary to process User authorized PayPal,
credit or debit card or checking account payment transactions (which will be
handled by ROOTSANDRESONANCE.com in accordance with the security provisions contained in
displayed or made publicly available on the Site or intercepted or read by
someone other than the intended recipient.
Under no circumstances will ROOTSANDRESONANCE.com be liable or responsible in any
manner for any Content that ROOTSANDRESONANCE.com posts to the Site, including without
limitation, any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of or reliance upon any such
Content. User agrees that User must evaluate, and bear all risks associated
with the use of or access to any Content, including Content posted to the Site
User acknowledges and agrees that ROOTSANDRESONANCE.com may preserve Content and may
also disclose Content (including without limitation, Registration Data) if
required to do so by law or if ROOTSANDRESONANCE.com believes that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property or personal safety of the
Site or ROOTSANDRESONANCE.com, its Users or the public.
User understands that the technical processing and Transmission of the
Services or Content, may involve (a) transmission over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
User agrees not to (and User agrees User has no right to) reproduce,
duplicate, copy, sell, resell or exploit for any purposes, any portion of the
Site (including, without limitation, the Services or Content contained on the
User agrees to comply with all local rules regarding online conduct and
acceptable Content. Specifically, User agrees to comply with applicable laws
regarding the transmission of technical data exported from the United States or
the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between a User and
ROOTSANDRESONANCE.com, ROOTSANDRESONANCE.com does not claim ownership of Content Transmitted by a
User to the Site and displayed on the Site. In it sole discretion, ROOTSANDRESONANCE.com
may condition Site display of User Transmitted Content upon such User becoming
Notwithstanding the foregoing, a User who successfully Transmits Content to
the Site grants to ROOTSANDRESONANCE.com a perpetual, world-wide, royalty free,
non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display any or
all Content so Transmitted and to incorporate such Content into other works.
User represents and warrant that with respect to any Content User Transmits,
or causes to be Transmitted, to the Site, ROOTSANDRESONANCE.com has NOT hired, contracted
for, managed or otherwise arranged for the participation of any performers
depicted in such Content.
User acknowledges that ROOTSANDRESONANCE.com may establish general practices and
limits concerning use of the Site. Such practices and limits may include,
without limitation, the maximum number of days that message board postings or
other Transmitted Content will be retained by ROOTSANDRESONANCE.com on the Site, the
maximum number of messages that may be Transmitted on the Site, the maximum
size of any message that may be Transmitted on the Site, the maximum disk space
that will be allotted on the Site's servers on a User's behalf and the maximum
number of times (and the maximum duration for which) a User may access the Site
in a given period of time. User agrees that ROOTSANDRESONANCE.com has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained on, Transmitted to or downloaded
from the Site. Without limiting any other matter contained herein, User further
acknowledges that ROOTSANDRESONANCE.com reserves the right to change these general
practices and limits at any time, in its sole discretion, and with or without
ROOTSANDRESONANCE.com and the ROOTSANDRESONANCE.com logos are service marks and trademarks of
REBEL NOISE, a California company and may be used publicly only with the
express prior written consent and permission of ROOTSANDRESONANCE.com. Other trademarks
and service marks featured on the Site are displayed pursuant to licenses
obtained from the owners or holders of those trademarks and service marks, and
may not be used publicly without the express prior written consent and
permission of the owners or holders of such trademarks and service marks.
Except for electronic messages, all Content and Services on the Site are
protected by federal copyright laws and are protected under treaty provisions
and worldwide copyright laws. Content contained in any part of the Site may not
be reproduced, copied, edited, published, transmitted, uploaded or downloaded
in any way without the prior written consent and permission of ROOTSANDRESONANCE.com.
ROOTSANDRESONANCE.com does not grant any express or implied right to any third party
(including without limitation Users), under any trademarks, service marks,
copyrights or other proprietary information or rights.
LIMITED LICENSE AND ACCEPTABLE USE
ROOTSANDRESONANCE.com provides the Content and Services on the Site for the personal,
non-commercial use by viewers, fans, visitors, Users, Subscribers or potential
Subscribers of ROOTSANDRESONANCE.com. Users of the Site are granted a single, personal,
non-transferable license to download (on a single computer only) one copy of
any of the Content found on the Site made available for downloading for
personal, non-commercial use only. ROOTSANDRESONANCE.com reserves the right to limit the
amount of Content downloaded. Commercial use or exploitation of the Content on
the Site, or any portion thereof, is strictly prohibited. In addition, Users of
the Site may not: (1) modify any of the Content found in any area of the Site;
(2) use any of the Content found in any area of the Site for any public
display, performance, sale or rental; (3) remove, modify or alter any copyright
or other proprietary notice or trademarks from any of the Content found in any
area of the Site; (4) otherwise Transmit any Content located in any area of the
Site to any other person or entity, including posting to newsgroups or public
forums; (5) rent, lease, loan, sell, distribute or create derivative works based
on the Content or any portion thereof posted on the Site, or the software or
techniques used in connection with the Site; or (6) modify the software and
techniques used in connection with the Site. ROOTSANDRESONANCE.com reserves the right to
terminate this license at any time if a User breaches or violates any provision
of the TOS, in which case such User will be obligated to immediately destroy
any Content information or materials User has downloaded or otherwise copied
from the Site.
ROOTSANDRESONANCE.com reserves all other rights coincident or related to the Site. The
use of download managers, for example Gozilla, Wget, HTTrack, or others - to
download more than one (1) image or movie file at a time, which is available
for download, is strictly prohibited and will result in termination of a Users
right to access any portion of the Site .
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS
AVAILABLE" BASIS. ROOTSANDRESONANCE.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A
PARTICULAR PURPOSE. ROOTSANDRESONANCE.com OFFERS NO ASSURANCE OF UNINTERRUPTED OR
ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION
FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER
COMMUNICATIONS AND PERSONALIZATION SETTINGS. ROOTSANDRESONANCE.com DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE.
ROOTSANDRESONANCE.com MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED
OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. ROOTSANDRESONANCE.com MAKES NO
COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR
LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL ROOTSANDRESONANCE.com BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY
TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF ROOTSANDRESONANCE.com HAS BEEN ADVISED
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO A USER.
TERMINATION AND ACCESS RESTRICTION
ROOTSANDRESONANCE.com reserves the right, in its sole discretion and without notice to
User, to terminate a User's access to the Site (or any portion thereof) and to
remove from the Site and discard any Content (including without limitation
Content a User Transmits to the Site). ROOTSANDRESONANCE.com may also terminate or
suspend a User's access to the Site for inactivity, which is defined as failing
to log into a particular service for an extended period of time, as determined
by ROOTSANDRESONANCE.com, in it sole discretion. In the event of the suspension or
termination of a User's access to the Site (or any portion thereof), User's
right to use the Site (or any portion of which User access has been terminated)
and to access any Content or Services contained thereon will immediately cease.
Any such termination or suspension may be implemented without notice to User.
ROOTSANDRESONANCE.com may, in its discretion, terminate Site access of any User that
ROOTSANDRESONANCE.com believes, in its sole discretion, is Transmitting or is otherwise
connected with any spam or unsolicited bulk e-mail. In the event a User's
access is terminated for the reason described in the preceding sentence, and
because damages are often difficult to quantify in such circumstances, if
actual damages cannot be reasonably calculated, then User agrees to pay ROOTSANDRESONANCE.com
liquidated damages equal to $5 for each piece of spam or unsolicited bulk
e-mail Transmitted from or otherwise connected with such User's access to or
use of the Site; otherwise, User agrees to pay ROOTSANDRESONANCE.com actual damages, to
the extent such actual damages can be reasonably calculated. A printed version
of the TOS and any notice given in electronic form shall be admissible in
judicial or administrative proceedings to the same extent as other business
documents and records originally generated and maintained in printed form.
ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE
The user profiles, message boards and all areas of member publishing is
intended for personal use only. Members may not use these features to advertise
other websites or products, or solicit members on the site for any commercial
endeavors. ROOTSANDRESONANCE.com may, in its discretion, terminate Site access of any
User that ROOTSANDRESONANCE.com believes, in its sole discretion, is posting or is
otherwise connected with any commerical soliciting of members or unsolicited
advertising. In the event a User's access is terminated for the reason
described in the preceding sentence, and because damages are often difficult to
quantify in such circumstances, if actual damages cannot be reasonably
calculated, then User agrees to pay ROOTSANDRESONANCE.com liquidated damages equal to
$25,000 for each instance of solicitation or advertising from or otherwise
connected with such User's access to or use of the Site; otherwise, User agrees
to pay ROOTSANDRESONANCE.com actual damages, to the extent such actual damages can be
reasonably calculated. A printed version of the TOS and any notice given in
electronic form shall be admissible in judicial or administrative proceedings
to the same extent as other business documents and records originally generated
and maintained in printed form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled by third parties.
Those linked sites are not controlled by ROOTSANDRESONANCE.com and User acknowledges that
ROOTSANDRESONANCE.com is not responsible for the content of any such linked site or any
link contained in a linked site. ROOTSANDRESONANCE.com provides such links only as a
convenience, and the inclusion of any link does not imply endorsement by
ROOTSANDRESONANCE.com of any linked site.
JURISDICTION AND VENUE
This Site is owned and operated by ROOTSANDRESONANCE.com doing business in Los Angeles,
California. ROOTSANDRESONANCE.com makes no representation that any of the Content or
Services available on the Site is appropriate or available for use in other
locations. The TOS is governed and construed by California law, without regard to
conflicts of law provisions. In the event of a dispute arising out of or
relating to the TOS, or a User's use of or access to the Site, any suit must be
brought in state or federal court in the County of Los Angeles, State of
California and User agrees to submit to the personal and exclusive jurisdiction
of such courts located in such county.
Each User indemnifies and holds ROOTSANDRESONANCE.com, and its subsidiaries,
affiliates, officers, directors, shareholders, employees, agents, co-branders
or other partners, harmless from and against any and all demands, claims,
losses or damages, including reasonable attorneys' fees at trial and on appeal,
related to or arising out of such User's (i) Transmission of Content to or
through the Site (and whether or not such Content displayed or made available
on the Site), at any time, (ii) use of or access to the Site, (iii) connection
to the Site, (iv) breach of any representation, covenant or warranty contained
in the TOS, or (v) violation of any rights of another.
Notices by ROOTSANDRESONANCE.com to Users may be given by means of electronic messages
or by a general posting on the Site. Notices by Users to ROOTSANDRESONANCE.com must be
given by e-mail or regular mail, postage prepaid at the following address:
REBEL NOISE, P.O. Box 1730, Covina, CA 91722. Any question, complaint
or notice to ROOTSANDRESONANCE.com by means of e-mail must be sent to
SERVICES FOR CUSTOMERS
ROOTSANDRESONANCE.com allows Subscribers to transmit data to various financial
networks and telecommunication networks for settlement. In order to enroll in
such services, the Subscriber must (i) be at least 18 years of age; (ii)
populate every field on every form presented to User with accurate data; (iii)
have a valid e-mail address; and (iv) agree to be bound by the TOS or any other
agreement governing User's use of the service or particular resource described
in the preceding sentence. User's failure to populate every field may result in
User's waiver of certain rights under the TOS or other applicable agreements.
By submitting credit or debit card ("Bank
Card") data to ROOTSANDRESONANCE.com, User authorizes ROOTSANDRESONANCE.com in its sole
discretion to submit financial transactions to such User's issuing bank for
settlement. User agrees that once ROOTSANDRESONANCE.com has approved or declined the
User's transaction, ROOTSANDRESONANCE.com has fully performed under the terms of the TOS
or other applicable agreements.
Each User who authorizes payment of a recurring
charge (including without limitation subscription fees payable by a Subscriber)
by Bank Card agrees to contact ROOTSANDRESONANCE.com in the event such User desires to
cancel any such recurring charge, all within ten (10) days prior to the next
billing cycle. Should User fail to contact ROOTSANDRESONANCE.com within such time frame,
User agrees to indemnify and hold ROOTSANDRESONANCE.com harmless from any losses or
damages that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's
Bank Card statement arising from or related to a transaction authorized by
User, including an incorrect amount or unauthorized transaction reflected on
User's Bank Card statement or transaction summary, User agrees to contact
ROOTSANDRESONANCE.com within the time periods set below. Upon proper notification,
ROOTSANDRESONANCE.com, in its sole discretion, may issue a credit to User's Bank Card:
United States Issued
Bank Cards-- within 120 days of the transaction.
Bank Cards-- within 180 days of the transaction.
ACH Debit Authorization
By submitting a User's checking account data to
ROOTSANDRESONANCE.com, User authorizes ROOTSANDRESONANCE.com in its sole discretion to submit
financial transactions to such User's depository bank for settlement. User
agrees that once ROOTSANDRESONANCE.com has approved or declined the User's transaction,
ROOTSANDRESONANCE.com has fully performed under the terms of the TOS or other applicable
Each User who authorizes payment of a recurring
charge (including without limitation subscription fees payable by a Subscriber)
by checking account agrees to contact ROOTSANDRESONANCE.com in the event such User
desires to cancel any such recurring charge, all within ten (10) days prior to
the next billing cycle. Should User fail to contact ROOTSANDRESONANCE.com within such
time frame, User agrees to indemnify and hold ROOTSANDRESONANCE.com harmless from any
losses or damages that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's
checking account statement arising from or related to a transaction authorized
by User, including an incorrect amount or unauthorized transaction reflected on
User's checking account statement or transaction summary, User agrees to
contact ROOTSANDRESONANCE.com within two (2) business days after learning of such error.
Upon proper notification, ROOTSANDRESONANCE.com, in its sole discretion, may issue a
credit to User's checking account.
The TOS contains the entire understanding between the User and ROOTSANDRESONANCE.com
regarding the subject matter of the TOS, superseding all prior or contemporaneous
communications, agreements and understandings between the User and ROOTSANDRESONANCE.com.
The TOS is binding on and inures to the benefit of the parties, their legal
representatives, successors and assigns; provided, however, that neither the
TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed
or encumbered by User without the prior written consent of ROOTSANDRESONANCE.com, which
consent may be withheld in ROOTSANDRESONANCE.com¹s sole and arbitrary discretion. If any
provision or clause of the TOS, or any portion thereof, is held by any court or
other tribunal of competent jurisdiction to be illegal, void or unenforceable
in such jurisdiction, the remainder of such provisions shall not thereby be
affected and shall be given full effect, without regard to the invalid portion.
The TOS is neither intended to, nor shall it be construed as creating, a joint
venture, partnership or other form of business association between ROOTSANDRESONANCE.com
and any User. If any suit or action is filed by any party to enforce the TOS or
otherwise with respect to the subject matter of the TOS, the prevailing party
shall be entitled to recover reasonable attorney fees incurred in preparation
or in prosecution or defense of such suit or action as fixed by the trial
court, and if any appeal is taken from the decision of the trial court,
reasonable attorney fees as fixed by the appellate court.