Last Updated: June 18, 2013
Authority To Enter Into This Agreement. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement.
Age. You represent and warrant that you are 18 years of age or older.
Modification of Terms. RAIN CITY ROCK CAMP MAY MODIFY THE AGREEMENT FROM TIME TO TIME. IF WE REVISE THE AGREEMENT, THOSE CHANGES WILL BE REFLECTED IN THE UPDATED AGREEMENT AND THE “LAST UPDATED” LINE AT THE TOP OF THE PAGE WILL BE UPDATED. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES AFTER ANY CHANGE IN THE AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. RAIN CITY ROCK CAMP MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND FEATURES (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND SERVICES WILL BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE MODIFIED TERMS, YOU MUST CEASE USE OF THE WEBSITE AND SERVICES.
RESPONSIBILITY OF USERS
You Are Responsible For Your Conduct. With respect to the Website and Services, you are fully and solely responsible for (a) your own conduct, including any violation of this Agreement; (b) your interaction with other users of the Website or Services; (c) and any content, material or information that you upload, e-mail, communicate, transmit or otherwise make available via the Website or Services.
Unauthorized Conduct. You agree that you will not engage in any illegal or prohibited conduct by using the Website or Services, including but not limited to not violating any and all applicable local, state, national and international laws, rules and regulations.
Some materials or information accessible through the Website or Services may be provided by third parties such as our partners or supporters. You are solely responsible for any and all consequences of your activities, transactions and relationships that you may conduct or form with other users of the Service or other third parties. You acknowledge and agree that Rain City Rock Camp does not recommend or endorse any third-party websites or services and has no responsibility or liability for your interactions, purchases and/or transactions.
Content on Third-Party Websites. Rain City Rock Camp does not have any control over non-Rain City Rock Camp websites or platforms, and is not responsible for their contents or their use. By linking to a non-Rain City Rock Camp website or platform, Rain City Rock Camp does not represent or imply that it endorses, or has reviewed, such websites or platforms. Rain City Rock Camp disclaims any responsibility for any harm resulting from your use of non-Rain City Rock Camp websites, platforms, or web pages. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our affiliates make any representation or warranties regarding any other website, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Website, you do so entirely at your own risk.
Proprietary Rights In Rain City Rock Camp’s And Third-Party Content And Technology. You acknowledge the Website contains copyrighted material (including without limitation video, audio, sound, photos, graphics, and text), trademarks, and other proprietary information and content (collectively, “Content”) of Rain City Rock Camp and its licensors and you agree that except for the limited license granted hereunder, all right, title and interest to the Website and the Content remains with Rain City Rock Camp or its third party licensors, as applicable. This Agreement does not transfer from Rain City Rock Camp to you any Rain City Rock Camp or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rain City Rock Camp. Subject to this Agreement, Rain City Rock Camp hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Website and display Rain City Rock Camp Content solely for your personal use in connection with using the Website and Services. No other rights are granted to you other than those rights expressly granted herein. Except for the limited license granted hereunder, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. The Website and Content may not be reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose without Rain City Rock Camp’s express written consent. You will not frame or utilize framing techniques to enclose any Content without Rain City Rock Camp’s express written consent. You will not use any meta tags or any other “hidden text” utilized our name or trademarks without our express written consent. Additionally, you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website or through the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Website or Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you and you must immediately stop accessing the Website.
You may be able to submit user published content or user content (e.g. comments, videos, forums, etc.) to the Website (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Website, you expressly grant Rain City Rock Camp a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Rain City Rock Camp shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information or Content on this Website.
ACCOUNT REGISTRATION AND SECURITY
You understand that under certain circumstances you may need to create an account to have access to all of the parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website or the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
TERMINATION OF SERVICE
You or we may suspend or terminate your account or your use of this Website or the Services at any time, for any reason or for no reason. We may also block your access to the Website or the Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
REPRESENTATIONS AND WARRANTIES
You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Website and Services is and will be in compliance with all applicable laws, rules and regulations. Furthermore, you shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in this Agreement; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website, the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this agreement; (iv) you are not, and have not been an agent of Rain City Rock Camp and were not and are not acting on behalf of, or as a representative of, Rain City Rock Camp or any other party in connection with the User Submission; (v) the User Submission and Rain City Rock Camp’s use thereof as contemplated by this Agreement and the Website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) you are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (vii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; and (viii) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Rain City Rock Camp or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMER OF WARRANTIES
THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS.” RAIN CITY ROCK CAMP AND ITS SUPPLIERS, ADVERTISERS, SPONSORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RAIN CITY ROCK CAMP NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICE, THE CONTENT OR THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL RAIN CITY ROCK CAMP, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED FIVE DOLLARS (US $5.00). RAIN CITY ROCK CAMP WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Rain City Rock Camp, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of or access to the Website, Service or Content, including but not limited to claims arising out of (i) your violation of this Agreement; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) your User Submissions.
This Agreement and any other legal notice published by us on this Website constitute the entire agreement between you and us concerning your use of the Website and the Services. This Agreement and any access to or use of the Website and Services will be governed by the laws of the state of Washington, notwithstanding its conflict of law provisions, and the proper venue for any dispute arising out of or relating to any of the same will be the state and federal courts located in Seattle, WA. If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
If you have questions about this Agreement, please contact us at [email protected] .