The Rock & Roll Hall of Fame and Museum, Inc.
Last updated March 12, 2010
This agreement includes:
- Agreement to Contract Electronically
- User Submissions
- User Conduct
- Online Store
- Digital Millennium Copyright Act
- No Warranty
- Limitation of Liability
- General Legal Provisions
1. Agreement to Contract Electronically
We may discontinue, add to, modify, upgrade, or replace any and all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.
The Museum has no obligation to monitor this Site or any use thereof or to retain the content of any user session. The Museum reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.
Ownership: The Museum, the Rock and Roll Hall of Fame Foundation, Inc. and/or the Museum’s third-party content providers own all right, title, and interest in and to the Site and the content on the Site, except User Submissions (as defined below), including, but not limited to, text, information, data, artwork, video, audio, images, graphics, icons, and software (collectively, “Content”) and the trademarks, service marks, logos, domain names, copyrights and other proprietary materials contained therein.
Permitted Use of Site and Content: You may view, listen to or print Content for non-commercial personal purposes or for educational purposes, such as teaching, research, criticism, or commentary. Under no circumstances may you reproduce the Site in its entirety, or substantially in its entirety. Any use of Content must be accompanied by a citation to the author and source of the information, including the URL “http://www.rockhall.com” and any copyright and trademark notices originally included with the Content. You may not alter or modify the Content or use the Content for any other purpose. You acknowledge that the Museum and/or third-party content providers remain the owners of the Site and the Content, that you do not acquire any ownership rights by downloading Content, and that you are bound by any additional agreements applicable to specific Content. The foregoing sets forth your entire right to copy and use Content found on the Site. Any other use requires the prior written consent of the Museum, which may be granted or denied in the Museum’s sole discretion, as well as that of any other owner(s) of the Content.
5. User submissions
The Museum has the right, but not the obligation, in its sole discretion and for any reason, to delete, edit, or review any User Submission and/or deny access to the User Submission features of the Site. The Museum is under no obligation to monitor or review User Submissions, although it may do so from time to time. Display of any User Submissions, or any opinion, recommendation, or advice expressed therein on the Site does not constitute approval or endorsement by the Museum, and the Museum disclaims any and all liability or responsibility in connection with any User Submission, including those that contain defamatory or offensive content, errors, inaccuracies, pornography, or profanity. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
6. User conduct
You agree that in connection with your use of the Site you will not:
A. e-mail, link, post, upload, or otherwise transmit
any content that is abusive, defamatory, fraudulent, harassing, harmful, hateful, invasive of anyone’s privacy, libelous, obscene, offensive, pornographic, profane, threatening, tortious, unlawful, vulgar, or racially, ethnically or otherwise objectionable, or that discloses personal or private matters concerning any person;
any content that constitutes or encourages criminal conduct or results in civil liability, or otherwise violates any local, state, national, or international law;
any content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship;
any content that infringes any patent, copyright, trademark, trade secret, or other intellectual property right, or privacy or publicity right, of any party;
any advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or other forms of solicitation;
any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files, or programs designed to destroy, interfere, or restrict the functionality of any computer software or hardware or telecommunications equipment;
any content that constitutes or includes false or misleading indications of origin or statements of fact; or
any content that is irrelevant to the subject matter of the Site;
B. collect, compile, delete, display, gather, harvest, obtain, reproduce,
revise, or transmit any material or information, whether personally identifiable or not, posted by or concerning any other person or entity, arising from their or your use of the Site, unless you have obtained the prior express permission of such other person or entity to do so; provided, that your posting of material and/or information on a Site that any other person or entity previously posted on such Site shall not (without more) constitute a violation of this Section 6.B;
C. engage in any activity that adversely affects or reflects negatively on the Museum, the Site, the Museum’s goodwill, name, or reputation; causes duress, distress, or discomfort to the Museum or anyone else, including but not limited to “stalking” or otherwise harassing any person; or discourages any person or entity from using or accessing the Site;
D. link to the Site using a “frame” containing any sponsorship, advertisements, or other commercial text or graphics;
E. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
F. interfere with or disrupt the Site or servers or networks connected to the Site, or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the Site;
G. violate or attempt to violate the security of the Site, including but not limited to violations by:
accessing data or logging into a server or account for which you are not authorized to access or log into;
probing, scanning, or testing, or attempting to probe, scan, or test, the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with service to any user, host, or network, including, but not limited to, submitting a virus to, or overloading, “crashing,” “flooding,” or “mailbombing” the Site; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or
H. violate, or encourage the violation of, any applicable local, state, national, or international law.
7. Online store
You may purchase merchandise, Museum memberships and/or make charitable donations to the Museum from the online store located at www.rockhallstore.com (“Store”). You agree to any additional rules, procedures, or terms applicable to such items. The fulfillment of membership orders, and shipping and billing of merchandise and membership kits for memberships ordered through the Store are solely the responsibility of our third-party providers. Your transactions with sponsors and business partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, warranties, or representations associated with such transactions, are solely between you and such sponsor and/or business partner. You agree that the Museum will not be liable for any loss or damage of any sort incurred as the result of any transactions with sponsors and business partners appearing on the Site, and all such transactions shall be at your sole risk.
You may register for an account at the Store by establishing a username and password. You may not choose or use the username of another person with the intent to impersonate that person or allow a third party to use or access your account using your username and password. If you know or suspect any unauthorized use or breach of your account, including loss, theft, or unauthorized disclosure of your password or credit card information, you must promptly notify the Museum at [email protected] If your password is lost, stolen, or disclosed without your authorization, you must promptly change your password. You can do so by going to the Log In page at https://www.rockhallstore.com/store/. You are responsible for maintaining the confidentiality of your password. You are responsible for any and all usage or activity on your account, which expressly includes any purchases made or other charges incurred on your credit card related to your use (or a third party’s use) of your account. You may cancel your account by contacting the Museum at [email protected] and indicating in the e-mail that you would like to cancel your account. Note, that any such cancellation will not cancel previously submitted orders.
The Museum and its billing, service, and fulfillment partners may provide you with products and/or services. THESE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MUSEUM AND ITS BILLING, SERVICE, AND FULFILLMENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR PURCHASES THROUGH THE SITE. THE MUSEUM ASSUMES NO RESPONSIBILITY ARISING FROM YOUR USE OF THESE PRODUCTS AND SERVICES.
9. Digital Millennium Copyright Act
If you believe that any content on this Site infringes your copyright, you should notify the Museum of your copyright infringement claim in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Submission of a copyright infringement claim under the DMCA must be in writing and contain the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Museum to locate the material;
information reasonably sufficient to permit the Museum to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The DMCA requires that notifications of claimed copyright infringement should be sent to the following Designated Agent: General Counsel, The Rock and Roll Hall of Fame and Museum, Inc., 1100 Rock & Roll Blvd., Cleveland, Ohio 44114; phone: 216-515-7625; fax: 216-515-8915; e-mail: [email protected].
You acknowledge that if you fail to comply with all of the above requirements of this section, your DMCA notice may not be valid.
Counter-Notice: If you believe that the content that was removed or to which access has been disabled is not infringing, or if you believe that you have the right to use such content from the copyright owner, the copyright’s agent, or pursuant to law, then you may send a counter-notice to the Designated Agent with the following information:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled, and information reasonably sufficient to permit the Museum to locate the material;
information reasonably sufficient to permit the Museum to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement that, under penalty of perjury, you have a good faith belief that content was removed or access disabled as a result of a mistake or a misidentification of the content;
a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for the Northern District of Ohio, and that you will accept service of process from the complaining party who provided notification of the alleged infringement.
If a counter-notice complying with the requirements of the DMCA is received by the Designated Agent, the Museum shall send a copy to the original complaining party to inform the complaining party that the Museum shall replace the removed content or restore access to it after 10 business days, unless the complaining party files an action seeking a court order against you.
The Museum will bar a user from posting content on the Site if, under appropriate circumstances, a user determined to be a repeat infringer.
10. No Warranty
THIS SITE AND ALL CONTENT, USER SUBMISSIONS, AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, UNINTERRUPTED ACCESS, NONOFFENSIVE CONTENT, AND/OR NONINFRINGEMENT. WHILE THE MUSEUM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN THIS SITE, IT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO TRUTH, ACCURACY, OR COMPLETENESS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS. THE MUSEUM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF, OR DOWNLOADING OF ANY CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS FROM THE SITE. YOU (AND NOT THE MUSEUM) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION; ACTIONS TAKEN OR NOT TAKEN ARE YOUR SOLE RESPONSIBILITY.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MUSEUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, ARISING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE, CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSMISSIONS RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE, CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION, OR OTHER FAILURE OF PERFORMANCE BY THE MUSEUM, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION, OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MUSEUM SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF THIS SECTION 11, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MUSEUM TO YOU EXCEED THE AMOUNTS PAID BY YOU (IF ANY) FOR THE SERVICES GIVING RISE TO SUCH LIABILITY.
12 General Provisions
Export Laws. Software available in connection with the Site may be subject to United States export controls. Software from the Site may not be downloaded or exported (A) into (or to a national resident of) any country to which the U.S. has embargoed goods; (B) 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; or (C) in violation of any other U.S. export law. Downloading or using the Software is at your sole risk.
Reservation of Rights. The Museum reserves the right to make any changes to the Site in its sole discretion without notice to users. The Museum reserves the right to deny or block access to the Site to anyone at anytime and to terminate this agreement at any time without notice, in its sole discretion.