LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE
This site is operated by RealNetworks, Inc.
("Operator") in partnership with Rolling Stone L.L.C.
Access to and use of this World Wide Web site ("The
RollingStone.com Web site") is provided subject to these
terms and conditions. PLEASE READ THESE TERMS CAREFULLY
AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE
TERMS AND CONDITIONS. These terms may be modified from
time to time without notice to you. You are responsible
for checking these terms periodically for changes. Your
continued use of the RollingStone.com Web site
constitutes your acceptance of the modified terms and
conditions.
USE OF MATERIAL ON THE ROLLINGSTONE.COM WEB
SITE
The information, artwork, text, video, audio, or
photographs (collectively, "Materials") contained on the
RollingStone.com 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 RollingStone.com Web
site.
You may print Materials on the RollingStone.com Web
site for personal or educational purposes only, and you
must include any copyright notice originally included
with the Materials in all copies.
Any computer software downloadable or otherwise
available from the RollingStone.com Web site is licensed
subject to the terms of the applicable license
agreement. Any services purchased or otherwise made
available from the RollingStone.com Web site are
licensed under the terms of the applicable terms of
service agreement.
The Materials included on the RollingStone.com Web
site have been compiled from a variety of sources, and
are subject to change without notice.
All media files on the RollingStone.com 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 RollingStone.com Web site without
obtaining the express written consent of the Operator.
You may not link directly to any media file located on a
RollingStone.com server, and you should not attempt to
"pass-off" any RollingStone.com content as your own
work.
SITES LINKED FROM THE ROLLINGSTONE.COM WEB SITE
The sites linked from the RollingStone.com Web site
are not under Operator's control, and Operator does not
assume any responsibility or liability for any
communications or materials available at such linked
sites. Links on the RollingStone.com Web site are not
intended to be referrals or endorsements of the linked
entities; they are provided for convenience only. You
are solely responsible and liable for any interactions
you may have with any such linked entities, their
sponsors and other third parties, including but not
limited to, the delivery or and payment for goods and
services, and any other terms, conditions, warranties or
representations associated with such interactions.
Operator shall not be responsible or liable for any part
of any such interactions.
FRAMING OR LINKING TO THE ROLLINGSTONE.COM WEB
SITE
You may not link to or frame the
RollingStone.com Web site without obtaining the express
written consent of Operator.
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.
During the registration process, you will create a
password and a user name. 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 RollingStone.com 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, tortious, threatening, harmful (including but
not limited to viruses, worms or similar software) or
that is otherwise objectionable. You shall use the
RollingStone.com 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
RollingStone.com 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
RollingStone.com 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 RollingStone.com Web
site.
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
RollingStone.com Web site, your use of the
RollingStone.com Web site, your connection to the
RollingStone.com 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 RealNetworks, Inc, 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.
DISCLAIMER OF WARRANTY
The services, products,
Materials, information, advise, or other data
(collectively, "Information") made available at the
RollingStone.com Web site are provided "AS IS" and "AS
AVAILABLE" basis, without warranties of any kind. Your
use of the RollingStone.com Web site and Information is
at your own risk. Operator expressly disclaims any
representations and warranties, including without
limitation, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
The Operator shall have absolutely no liability
whatsoever in connection with the Information including,
without limitation, any liability for damage to your
computer hardware, data, information, Materials and
business resulting from the Information or the lack of
information available on the RollingStone.com Web site.
Operator shall have no liability for: 1. Any loss or
injury caused, in whole or in part, by its actions,
omissions, or negligence, or for contingencies beyond
its control, in procuring, compiling, or delivering the
Information; 2. Any errors, omissions, or inaccuracies
in the Information regardless of how caused, or delays
or interruptions in delivery of the Information; or 3.
Any decision made or action take or not taken in
reliance upon the Information furnished hereunder.
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.
Operator makes no warranty, representation or guaranty
that the Information will be uninterrupted or error free
or that any defects can be corrected.
For purposes of this section, "Operator" shall
include RealNetworks, Inc., 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.
LIMITATION OF LIABILITY
In no event shall
Operator be liable for any consequential, incidental,
direct, indirect, special, punitive, or other damages
whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of
business information, or other pecuniary loss) arising
out of or relating to your use of, reliance on, or
inability to use the RollingStone.com Web site and/or
the Information or any part thereof, or from the use of
the Internet generally, even if Operator has been
advised of the possibility of such damages. Because some
states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental
damages, some of the above limitations may not apply to
you, but they shall apply to the maximum extent
permitted by law.
For purposes of this section, "Operator " shall
include RealNetworks, Inc, 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.
COPYRIGHT AND TRADEMARK NOTICE
Copyright
RealNetworks, Inc. and/or its licensors, 2004, all
rights reserved. RollingStone is the registered
trademark of RollingStone, L.L.C. RealNetworks ,
real.com, RealOne, RealArcade, RealAudio, RealVideo,
RealMedia, RealPlayer, RealRhapsody, RealProducer,
Helix, the Helix Design, DNA, SureStream, TurboPlay,
PerfectPlay, Listen.com and the Real bubble are the
trademarks or registered trademarks of RealNetworks,
Inc. Other product and company names mentioned herein
may be the trademarks of their respective owners.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Operator's designated agent for notice of claims of
copyright infringement related to the RollingStone.com
Web site is:
Legal Counsel
RealNetworks, Inc.
2012 16th
Street
San Francisco, California 94103
phone:
415.934.2000
legal@real.com
Pursuant to Title 17, United States Code, Section
512(c)(3), a notification of claimed infringement
related to the RollingStone.com 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
RollingStone.com 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 Rollingstone.com
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 State of Washington.
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 Washington 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 Washington. 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.
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.