Free Rock, Inc. operates FreeRock.eu, which is a social networking platform that
allows Members to create unique personal profiles online in order to find and
communicate with old and new friends. The services offered by Free Rock
include any Free Rock-branded URL (the "Free Rock Website"), Free
Rock messaging services (including, without limitation, instant messaging,
private messaging, and email services), Free Rock music and video services, Free
Rock developer services, Free Rock mobile services, and any other features,
content, or applications offered from time to time by Free Rock in connection
with Free Rock's business (collectively, the "Free Rock Services").
The Free Rock Services are hosted in
This Terms of Use Agreement, as may be modified from time to time,
("Agreement") constitutes legally binding terms and applies to your
use of the Free Rock Services. By accessing and/or using the Free Rock
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the Free Rock Services,
including, without limitation, through a mobile or other wireless device, or
otherwise use the Free Rock Services without being registered) or you are a
"Member" (which means that you have registered with Free Rock). The
term "User" refers to a Visitor or a Member. You are authorized to
use the Free Rock Services (regardless of whether your access or use is
intended) only if you agree to abide by all applicable laws, rules and
regulations ('Applicable Law') and the terms of this Agreement. In addition, in
consideration for becoming a Member and/or making use of the Free Rock
Services, you must indicate your acceptance of this Agreement during the
registration process.
Free Rock reserves the right to modify
this Agreement at any time and from time to time, and each such modification
shall be effective upon posting on the Free Rock Services. All material
modifications will apply prospectively only. Your continued use of the Free
Rock Services following any such modification constitutes your agreement to be
bound by and your acceptance of the Agreement as so modified. It is therefore
important that you review this Agreement regularly. If you do not agree to be
bound by this Agreement and to abide by all Applicable Law, you must
discontinue use of the Free Rock Services immediately.
1. Eligibility.
Use of the Free Rock Services and registration to be a Member for the Free Rock
Services ('Membership') is void where prohibited. By using the Free Rock
Services, you represent and warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 13 years of age or older; and (d) your use of the Free
Rock Services does not violate any Applicable Law. Your profile may be deleted
and your Membership may be terminated without warning, if we believe that you
are under 13 years of age, if we believe that you are
under 18 years of age and you represent yourself as 18 or older, or if we
believe you are over 18 and represent yourself as under 18.
2. Term.
This Agreement, and any posted revision to this Agreement, shall remain in full
force and effect while you use the Free Rock Services or are a Member. You may
terminate your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. Free Rock may terminate
your Membership at any time, for any or no reason, with or without prior notice
or explanation, and without liability. Furthermore, Free Rock reserves the
right, in its sole discretion, to reject, refuse to post or remove any posting
(including, without limitation, private messages, emails and instant messages
(collectively, 'messages')) by you, or to deny, restrict, suspend, or terminate
your access to all or any part of the Free Rock Services at any time, for any
or no reason, with or without prior notice or explanation, and without
liability. In addition, Free Rock reserves the right, in its sole discretion,
to reassign or rename your profile URL. Free Rock expressly reserves the right
to remove your profile and/or deny, restrict, suspend, or terminate your access
to all or any part of the Free Rock Services if Free Rock determines, in its
sole discretion, that you have violated this Agreement or pose a threat to Free
Rock, its employees, business partners, Users and/or the public. Even after
Membership is terminated, this Agreement will remain in effect, including,
without limitation, Sections 5-18.
3. Fees.
You acknowledge that Free Rock reserves the right to charge for any portion of
the Free Rock Services and to change its fees (if any) from time to time in its
discretion. If Free Rock terminates your Membership because you have breached
the Agreement, you shall not be entitled to the refund of any unused portion of
fees or payments (if any).
4. Password.
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality of
your password. You agree not to use the account, username, email address or
password of another Member at any time or to disclose your password to any
third party. You agree to notify Free Rock immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
5. Use by Members. The Free Rock Services are for the personal use of Members and may only
be used for direct commercial purposes if they are specifically endorsed or
authorized by Free Rock. Free Rock reserves the right to remove commercial
content in its sole discretion. Illegal and/or unauthorized use of the Free
Rock Services, including, without limitation, collecting usernames, user id
numbers, and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking to
the Free Rock Services, or employing third party promotional sites or software
to promote profiles for money, is prohibited. Commercial advertisements,
affiliate links, and other forms of unauthorized data collection or
solicitation may be removed from Member profiles without notice or explanation
and may result in termination of Membership privileges. Free Rock reserves the
right to take appropriate legal action, including, without limitation, referral
to law enforcement, for any illegal or unauthorized use of the Free Rock
Services.
6. Proprietary Rights in Content on Free Rock.
6.1 Free Rock does not claim any ownership
rights in the text, files, images, photos, video, sounds, musical works, works
of authorship, applications, or any other materials (collectively,
"Content") that you transmit, submit, display or publish ('post') on,
through or in connection with the Free Rock Services. After posting your
Content on, through or in connection with the Free Rock Services, you continue
to retain any such rights that you may have in your Content, subject to the
limited license herein. By posting any Content on, through or in connection
with the Free Rock Services, you hereby grant to Free Rock a limited license to
use, modify, delete from, add to, publicly perform, publicly display,
reproduce, and distribute such Content solely on, through or in connection with
the Free Rock Services, including, without limitation, through the Free Rock
Services to applications, widgets, websites or mobile, desktop or other
services which are linked with your Free Rock account (collectively, 'Linked
Services'), including, without limitation, distributing part or all of the Free
Rock Services and any Content included therein, in any media formats and
through any media channels, except that Content marked 'private' will not be
distributed by Free Rock outside the Free Rock Services and Linked Services.
This limited license does not grant Free Rock the right to sell or otherwise
distribute your Content outside of the Free Rock Services or Linked Services.
After you remove your Content from the Free Rock Services we will cease
distribution as soon as practicable, and at such time when distribution ceases,
the license will terminate. If after we have distributed your Content outside
of the Free Rock Services, you change the Content's privacy setting to
'private,' we will cease distribution of such 'private' Content outside of the Free
Rock Services as soon as practicable after you make the change. Notwithstanding
the foregoing, you understand and agree that once Content is distributed to a
Linked Service or incorporated into other aspects of the Free Rock Services, Free
Rock is under no obligation to delete or ask other Users or a Linked Service to
delete that Content, and therefore it may continue to appear and be used
indefinitely.
6.2 The license you grant to Free Rock is
non-exclusive (meaning you are free to license your Content to anyone else in
addition to Free Rock), fully-paid and royalty-free (meaning that Free Rock is
not required to pay you or anyone else deriving rights from you for the use on
the Free Rock Services of the Content that you post), sublicensable
(so that Free Rock is able to use its affiliates, subcontractors and other
partners such as Internet content delivery networks and wireless carriers to
provide the Free Rock Services), and worldwide (because the Internet and the Free
Rock Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in
connection with the Free Rock Services, or otherwise have the right to grant
the license set forth in this Section 6, and (ii) the posting of your Content
on, through or in connection with the Free Rock Services and/or Linked Services
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. You agree to pay for all
royalties, fees, and any other monies owing any person or entity by reason of
the use of any Content posted by you on or through the Free Rock Services
and/or Linked Services.
6.4 The Free Rock Services contain Content of Free
Rock ("Free Rock Content"). Free Rock Content is protected by
copyright, trademark, patent, trade secret and other laws, and Free Rock owns
and retains all rights in the Free Rock Content and the Free Rock Services. Free
Rock hereby grants you a limited, revocable, nonsublicensable
license to reproduce and display the Free Rock Content (excluding any software
code) solely for your personal use in connection with viewing the Free Rock
Website and using the Free Rock Services.
6.5 The Free Rock Services contain Content of
Users and other Free Rock licensors. Except as provided within this Agreement,
you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, sell or otherwise use any Content appearing on or through the
Free Rock Services.
6.6 Free Rock performs technical functions
necessary to offer the Free Rock Services, including, but not limited to, the
technical processing and transmission of email communications to perform the
email service, and transcoding and/or reformatting
Content to allow its use throughout the Free Rock Services. In addition, you
agree and acknowledge that Free Rock may send messages including, but not
limited to, notifications, special offers, promotions, commercial
advertisements, and marketing materials, in connection with the Free Rock
Services. You can control what type of communications you receive from the Free
Rock Services by logging into your account and choosing the appropriate
notifications settings or by following the unsubscribe instructions contained
at the bottom of commercial emails.
6.7
Free Rock reserves the right to limit the storage capacity of Content that you
post on, through or in connection with the Free Rock Services.