We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice. It is your responsibility to regularly review the current Terms posted on the Site prior to using the Service or Site. If you do not agree to abide by the current or any future Terms, do not use or access (or continue to use or access) the Service or the Site. Your continued use of the Service or the Site constitutes your acceptance and agreement to any future changes to our Terms.
Eligibility – general account and Site eligibility requirements
1) Girls Rock (GR) Account Eligibility criteria -- general requirements and conditions -- regardless of age.
a. Membership in this Site or Service is void where prohibited.
c. You hereby acknowledge that Girls Rock site is in perpetual state of development and you agree to check regularly to determine ongoing suitability and appropriateness for you, your teen, and/or your child (see below for different eligibility requirements and conditions based on age). If at any time you deem that the Site or its Services is no longer appropriate for you, your teen and/or your child, then you and/or your teen and/or child will immediately stop using the Site and Service and remove your and/or your teen and/or your child's account or direct your teen or child to do so (remove their account).
d. Member Account Information:
In consideration of your use (or your teen and child's use) of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by us from within your Girls Rock user account (b) maintain the security of your password and identification; (c) maintain and update requested information; (d) be fully responsible for all use of your account or that of your teen or child's Girls Rock account and for any actions that take places using your account or that of your teen or child's account.
e. By using this Site and/or Service, you represent and warrant that you are 18 years of age or older.
g. If you are under age of 13 years old you are not allowed to register for a Girls Rock account. This is due to online safety and legal reasons. You may ask your adult Parent if they are willing to setup a Girls Rock Parent Member account and to play with them under their account and their direct supervision. There are specific requirements both for the Parent and the child under these Girls Rock Parent Accounts. Namely, before the Parent is allowed to enable social features for the Girls Rock Parent account, the Parent must fully agree to abide by the Girls Rock Parent only Posting Policy. Under this policy only the Parent is allowed to fill-out the Member Account Profile and otherwise post any public communications through the Girls Rock Site and Service.
2) Specific eligibility requirements and duties for adult parents and their teenagers/children.
If your teenager or child is under 18, due to safety concerns, they cannot use this Site and Service without your adult parent/guardian’s express and ongoing permission, knowledge, supervision and involvement.
If you are under 18 years of age and wish to use this Site and Service you must first direct your parent/guardian to above requirement and get their consent and permission to use this Site and Service.
The Girls Rock Site and Service is not intended or directed towards those under 13 years of age. Children under the age of 13 are not permitted to setup a Girls Rock Member Account. However, in an effort to avoid those under 13 from misrepresenting their age in order to access our Service and thereby creating a potentially more dangerous online situation for themselves, we have provided them a lie-free path to notify their Parents. And, in turn, have provided the Parent’s with the ability to create Girls Rock Parent Membership account should they feel it is appropriate. Parents do note, however, that this Girls Rock Parent Membership Account is NOT a proxy for a “kid’s account” or an account for someone under 13 years of age. Again, and very importantly, the Girls Rock Site and Service is not intended or directed towards those under 13 years of age. This Girls Rock Parent Membership Account is a normal over 18 years of age Girls Rock account and membership and comes with the same rights and responsibilities.
Parents will have the ability during their Account Registration process to choose between two Social Settings:
If you as the Parent elect to enable Social Functionality (i.e., WITHOUT restrictions) for your Girls Rock Parent Account – you have a special duty to your child while using the Girls Rock Site and Service.
Girls Rock has a Parent-only Posting Policy for children under the Age of 13. This means that ONLY the Parent’s themselves are allowed to Post or communicate online, in any way, through our Service. Your child may inform you of her/his wishes, but only you, the Parent, is allowed to communicate online through our Service; for example: permitted to make actual Posts , fill-out Girls Rock Account Profile, etc. This is a required safety measure. You must abide and be responsible for this requirement or you are not permitted to setup a Parent Membership account. Please remember not to Post or communicate any Personally Identifiable Information about either yourself or your child through our Site or Service.
Personally Identifiable Information refers to information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual.
To learn more click here: http://tiny.cc/PII
Parents are fully responsible for all Postings (social communications) made under this Parent Account.
3) Specific Girls Rock Membership Eligibility criteria for those individuals that are 13 years or older but under the age of 18 years of age (hereafter collectively, "teen" or "teens").
As is customary, we do allow individuals 13 years of age and older to register to become Girls Rock (GR) members. Although we do not require the parent/guardians of teens to register for their teens; the teen must receive explicit permission to become a GR member from their adult parent/guardian and that adult parent/guardian must supervise all activity on the Site and Service inclusive of the initial GR account registration. (More important details below).
Should the time come that you as the parent or guardian no longer feel that the Site or Service is appropriate for your teen; then you (the parent) will need to direct your child to remove her account.
You understand and agree that Girls Rock cannot be held responsible if your teen does not obey you. As our current policies and procedures stand, for safety purposes we cannot reveal Girls Rock account member information to individuals claiming to be a teen's parent/or guardian. That is why we require you both (parent and teen) to fill-out the Girls Rock account registration process together initially, both knowing the user name and password associated with the teens account and to keep each other aware of changes made to that Girls Rock member account.
4) Specific Girls Rock Membership Eligibility criteria and requirements for Parents of children under 13 years of age.
Due to safety, regulatory, and legal reasons we do not allow children under the age of 13 to setup their own Girls Rock Membership account. As detailed in the previous section, we do provide a path, for parents to setup a Girls Rock Parent Membership Account.
Both the parent and the child need to strictly abide by following:
The Parent account sign-up process will be consistent with standard account sign-up processes, except you will not provide your child’s personal information. Instead you will provide your (parent) information and you (parent) will determine the Girls Rock account username and password. You must remain aware and responsible all information associated with and posted by you from your Girls Rock Parent account, as well as with your child’s actions and activities while on the Site or Service.
Eligibility –Newsletter Subscriptions/Mailing Lists. Specific age based requirements for the Girls Rock eNewsletter.
Girls Rock allows the general public the opportunity to sign up and to receive the Girls Rock newsletter by email but has specific age-based requirements for doing so.
For those Under 18 years of Age:
Girls Rock Content
All content on this Site and Service, including designs, text, art work, graphics, images, screen shots, pictures, video, music, applications, digitally downloadable files, sound, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Content") is the property of Girls Rock and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws with all rights reserved.
Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Girls Rock subject to license, or subject to the fair use provisions of U.S. copyright or trademark law. No Site or Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Girls Rock's prior written permission.
Procedure for Alleging Copyright Infringement
Girls Rock will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.
Girls Rock will only receive DMCA notices by mail and e-mail at the addresses below:
C/O: Leader Media
2360 Corporate Circle Suite 400
Henderson, NV 89074
Attention: Director, Legal and Business Affairs
By email: copyrightinfringement"AT"girlsrock"DOT"com
Girls Rock may elect to not respond to DMCA notices that do not comply with all of the foregoing DMCA requirements.
Posting User Content
On certain areas of our Site you may be allowed to create an Account and through that Account or otherwise you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content ("User Content"). Your posting of User Content is subject to these Terms and the following posting rules ("Posting Rules"). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated by Girls Rock, or may otherwise have their access to the Site restricted by Girls Rock.
No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Girls Rock about other users.
No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Girls Rock. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
No Commercial Use: This Site is intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that unless specifically permitted by Girls Rock, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
No Viruses, Corrupting Files, Interference, or Cheat Software: You agree that you will not post any software, files or links to other sites except as may be specifically permitted by Girls Rock, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as "click fraud."
Account Information: You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Responsibility for Postings: You understand and acknowledge that User Content is solely your responsibility, and that Girls Rock is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Girls Rock, and Girls Rock does not endorse and has no control over User Content. User Content is not necessarily reviewed by Girls Rock prior to posting and Girls Rock makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
No Monitoring/Violation Notices: Notwithstanding the foregoing, Girls Rock does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Posting Rules or otherwise violates these Terms, please follow our Posting Rules Dispute Process.
Account Termination/No Ownership of Account: You understand and agree that you have no ownership rights in your Account. Girls Rock may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Girls Rock deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. Girls Rock assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
No Confidentiality: The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Girls Rock may be used by Girls Rock anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, below.
Ownership of Posted Content and License Thereto
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). Girls Rock may delete any User Content that in the sole judgment of Girls Rock violates these Terms or the Posting Rules.
Scope of License: By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Girls Rock a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from the Site.
Representations: You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
You agree to indemnify and hold Girls Rock, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
You are solely responsible for your interactions with other Girls Rock users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
User Content and Third Party Web sites
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Girls Rock, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
Representations, Indemnity and Limitations of Liability
Both you and Girls Rock acknowledge and agree that no partnership is formed and neither of you nor Girls Rock has the power or the authority to obligate or bind the other.
You agree to indemnify, defend, and hold harmless Girls Rock aka Leader Media, Inc (which includes Leader Media's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Web Site and Service.
Girls Rock makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Girls Rock makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GIRLS ROCK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL GIRLS ROCK BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GIRLS ROCK'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL GIRLS ROCK'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE DOLLAR (US $1.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Other Limitations regarding the Site and/or Service
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Software that may be available in connection with this Site or Service is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
No implied endorsement of third-party products or services
Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with Girls Rock (Leader Media, Inc.).
Revisions to this Web Site or Service and this Use Agreement
Girls Rock may, in its sole discretion, make changes to any aspect of this Site or Service, including, without limitation, any Content, any activities available on this Site or Service, and any products or services offered through this Site or Service.
Jurisdiction, Venue, and Alternative Dispute Resolution
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Nevada. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Copyright 2013 Leader Media, Inc. All rights reserved.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: June 7, 2012.