Updated April 21, 2013
THE ROCK FATHER™
License to the Site
The Rock Father grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Site and/or Terms and Conditions of Service
The Rock Father reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. You can determine when this TOS was last revised by referring to the “Last Revised” note at the top of this TOS. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Trademarks, Copyrights & Restrictions
All trademarks, service marks, and trade names are proprietary to The Rock Father or their respective owners. You should assume that everything you see or read on the Site is protected under federal and state law unless otherwise noted. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other website owned or operated by The Rock Father (the “Site Materials”) without the prior written permission of The Rock Father. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of The Rock Father’s copyrights and other proprietary rights. Use of the Site Materials on any other website or other networked computer environment is prohibited without prior written permission from The Rock Father.
The Rock Father is pleased to hear from its readers and welcomes your comments regarding The Rock Father products, including The Rock Father’s online services. Unfortunately, however, The Rock Father’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested.
The Rock Father is not necessarily affiliated with websites that may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content, products or services. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products, or services obtained from any Linked Sites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Comment Sections and Public Communications
Registration and Acceptance of Terms
In consideration for your use of the Comment Sections, you agree to (i) comply with this TOS and the Guidelines for Use of the Forums, (ii) provide The Rock Father with (A) accurate, complete and true information about yourself as required on the registration form (your “Registration Information”) in order to create your Commenting Account (your “Account”) and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate this TOS, the Guidelines for Use of the Forums, or provide inaccurate, false, or non-current Registration Information may, at The Rock Father’s sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or other online The Rock Father service. The Rock Father shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
USE OF THIS SITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE GUIDELINES FOR USE OF THE COMMENT SECTIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR USE OF THE COMMENT SECTIONS, PLEASE DO NOT ENTER THEM.
Guidelines for Use of the Comment Sections
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Comment Sections, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Comment Sections (“Content”). Listed below are some, though not all, violations that may result in The Rock Father terminating or suspending your access the site. You agree not to do any of the following actions while using this site:
Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
Transmit any Content in any Comment Section that The Rock Father considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable.
Impersonate in any Comment Section any person, including but not limited to, a Rock Father official, guide or host.
Disrupt the normal flow of dialogue in a manner that negatively affects other participants.
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation.
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
Invade the privacy or violate any personal or proprietary right of any person or entity.
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
By posting or uploading Content to any Comment Section or submitting any other Content to The Rock Father, you automatically grant (or warrant that the owner of such rights has expressly granted) The Rock Father a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so called “moral rights” (adroit moral).
You understand that the uploading to and/or posting of any Content in any are of the site shall not be subject to any obligation of confidence on the part of The Rock Father, and The Rock Father shall not be liable for any use or disclosure of any Content. Without limitation of the foregoing, The Rock Father shall exclusively own all now known or hereafter existing rights to the Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider, author or owner of the Content.
You agree to indemnify The Rock Father for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Forum or submitting any Content to us or your failure to comply with this TOS. While The Rock Father does not and cannot review all Content posted by users in the Forums and is not responsible for the content of these postings, The Rock Father reserves the right to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person’s rights of privacy or publicity or otherwise unacceptable.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
Non-United States Residents
The Rock Father makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
The Site is controlled and operated by The Rock Father from its office within the State of Illinois, United States. The Rock Father makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You understand and agree that The Rock Father may, in its sole discretion and at any time, terminate your use of the site, and discard and remove any Content posted or submitted by you to any Comment Section, for any reason. The Rock Father may also, in its sole discretion and at any time, discontinue Comment Sections or limit or restrict any users access thereto, for any reason. You understand and agree that The Rock Father may take any one or more of these actions without prior notice to you. Should The Rock Father take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that The Rock Father shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your Account.
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ROCK FATHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ROCK FATHER DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THE ROCK FATHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE ROCK FATHER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE ROCK FATHER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF THE ROCK FATHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE ROCK FATHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
This TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This TOS may not be amended, nor any obligation waived, without The Rock Father’s written authorization. Any failure to enforce any provision of this TOS shall not constitute a waiver thereof or of any other provision thereof.