Terms of Service

Terms of Use

Please review the following terms and conditions concerning the use of this site. By accessing, using or downloading materials from this Web site ("Web Site Information") you agree to follow and be bound by these terms and conditions.

USE OF WEB SITE INFORMATION
Unless otherwise specified, the Web Site Information is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the web site without the express written consent of Rock Your Phone, Inc..

Additionally, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute the Web Site Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations. You may not “mirror” any information or software contained on this Web Site on any other server without Rock Your Phone’s prior express written permission.

Except as stated herein, none of the information or Software on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Rock Your Phone.

USE OF SOFTWARE AVAILABLE FROM THIS WEB SITE
Any software that is made available to download from the Web site ("Software") is the copyrighted work of Rock Your Phone Corporation. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The License Agreement may be seen here

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software in violation of the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

VISITOR COMMUNICATIONS AND SUBMISSIONS
All feedback, comments, information or materials submitted to Rock Your Phone through or in association with this Web site shall be considered non-confidential and the property of Rock Your Phone. By submitting such materials to Rock Your Phone, you agree to a no-charge, worldwide, perpetual, irrevocable assignment to Rock Your Phone of all right, title and interest in the copyright and other intellectual property rights to the materials, and Rock Your Phone shall be free to use the materials on an unrestricted basis.

LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than Rock Your Phone and may include trademarks of third-parties (e.g., Apple, iPhone and iPod are all marks of Apple Inc.). Rock Your Phone is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Rock Your Phone is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rock Your Phone of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ROCK YOUR PHONE, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ROCK YOUR PHONE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ROCK YOUR PHONE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY
ROCK YOUR PHONE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE WEBSITE OR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ROCK YOUR PHONE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ROCK YOUR PHONE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ROCK YOUR PHONE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ROCK YOUR PHONE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ROCK YOUR PHONE FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Rock Your Phone, Inc. and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content. Without limiting the generality of the foregoing, you agree to indemnify and hold Rock Your Phone harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Rock Your Phone and for all of your communication and activity on Rock Your Phone, including any Content you contribute, and that you will indemnify and hold harmless Rock Your Phone, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Rock Your Phone, including any Content that you contribute. You agree that under no circumstances will Rock Your Phone indemnify You or any other person.

CONFIDENTIALITY
You are entirely responsible for any and all activities that occur under your account. You agree to notify Rock Your Phone immediately of any unauthorized use of your account or any other breach of security. Rock Your Phone will not be liable for any loss that you may incur as a result of unauthorized account use, either with or without your knowledge.

PRIVACY AND DATA COLLECTION
Your privacy is important to us. Please read Rock Your Phone’s Privacy Policy carefully for information relating to Rock Your Phone’s collection and use of personal information, it governs the use of all information collected on the Website.

GOVERNING LAW AND VENUE
This Agreement and all use of the Website will be governed by both the substantive and procedural laws of Colorado, U.S.A., excluding its conflict of law rules. Any dispute regarding this Agreement will be heard in the state or federal courts for El Paso County, Colorado, U.S.A. and You agree that You shall be subject to the personal jurisdiction of such courts and waive any argument that such forum is inconvenient.

MISCELLANEOUS
The Website may include inaccuracies or typographical errors and will frequently be updated by Rock Your Phone. Rock Your Phone has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Rock Your Phone.

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