TERMS AND CONDITIONS

UPDATED: March, 21 2014


 

Welcome to www.rockinrio.com, a website (the “Site”) owned and operated by Rock World USA, LLC (“Rock World”). Rock World produces the Rock in Rio Music Festival (the “Festival”).

The following Terms and Conditions of Use (the “Terms and Conditions”) govern the use of the Site as well as the sections of the Site where you are directed to other Rock World-owned sites to make purchases or view or download content. Please read these terms and conditions of use carefully before using this Site.

  1. 1.                  USER CONSENT TO TERMS AND CONDITIONS


Rock World owns and operates the Site and all sub-directories and sub-domains of the Site. As used in these Terms and Conditions, “you” or “User” means any user or visitor of the Site. Rock World’s privacy policy www.rockinrio.com/usa/privacy-policy/ and other policies, rules, or guidelines that may be applicable to other features of the Site are hereby incorporated by reference into these terms.

The use of the Site is subject to your agreement to the following Terms and Conditions. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, DO NOT USE THE SITE OR DOWNLOAD ANY MATERIALS FROM IT.

 

  1. 2.      MODIFICATION


Rock World may change the Terms and Conditions from time to time and at any time, and without notice to you. All such changes to these Terms and Conditions will appear publicly at www.rockinrio.com/usa/terms-and-condittions/. In exchange for accessing, browsing and/or using the Site, you agree to be bound by such changes to the Terms and Conditions as they are made public. Rock World encourages you to check this document frequently as your continued use of the Site deems you responsible for keeping current with any changes.

 

  1. 3.      USE OF THE SITE


You agree to use the Site only for purposes that are permitted by (a) these Terms and Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree that you are solely responsible for (and that Rock World has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which you may suffer) of any such breach.

By operating the Site, Rock World does not represent or imply that it endorses the material there posted. You are responsible for taking precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content containing inaccuracies, typographical mistakes, and other errors. Rock World disclaims any responsibility for any loss or harm resulting from the use of the Site by you.

  1. 4.      REGISTRATION


In order to access and use some of the features on the Site, you may be required to register and create an account.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy www.rockinrio.com/usa/privacy-policy/ , and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

You are responsible for maintaining the confidentiality of your account and its information and for any activity that occurs under your account.  You agree to notify Rock World immediately of any unauthorized access to or use of your user name or password or any other breach of security. You agree that you will not any time access the Site using someone else’s account information.

By registering or using the Site, you are giving explicit consent to Rock World to send to you various emails, including marketing emails of various types. You agree that, although Rock World may provide methods for opting out of these emails, that these emails are not ‘unsolicited emails’ or ‘spam’, and that you will indemnify and hold harmless Rock World, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, Rock World’s sending of these emails, and/or your receipt thereof.

BY REGISTERING OR USING THE SITE, YOU AGREE THAT ROCK WORLD MAY, IN ADDITION TO OTHER RIGHTS, DELETE YOUR POSTS, DISABLE YOUR ACCOUNT OR BLACKLIST YOU AT ANY TIME, IF IT BELIEVES THAT ACTION IS IN THE SITE’S BEST INTEREST, FOR WHATEVER REASON, AND THE REASON NEED NOT BE DISCLOSED.

 

  1. 5.      USER CONTENT


The Site may contain interactive areas where visitors may submit or upload Content. “Content” means any text, images, or other media submitted through a web form or to an e-mail address at the Site. Rock World takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Rock World is only a forum and is not liable for any statements, representations, or Content provided by its users.

By posting on the Site, you agree that you are solely responsible for the Content of your posts. Your responsibility for your Content includes full liability for copyright infringement, libel/slander, and other liability, and you agree to indemnify Rock World and its officers, agents, partners, employees and subcontractors from any and all liability associated with the above.

You agree that you own the Content of your posts, but that you grant Rock World the right to reproduce or republish the Content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on the Site and/or by using the Site, you agree that you recognize that all other users are solely responsible for the Content of their posts and that they will indemnify Rock World as you have. You agree that you will not hold Rock World and its officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of posters or users on the Site. For information on how you can opt-out from receiving communications from us that you do not want to receive, please see the Choice/Opt Out section of our Privacy Policy or click here www.rockinrio.com/usa/privacy-policy/ .

Rock World may, but is not obligated to, review materials posted to this Site and remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, Rock World may terminate your access to the Site and services at any time without notice for any reason whatsoever. Furthermore, Rock World may terminate or change any part of the Site at any time.

You agree to comply with all applicable laws and these Terms and Conditions. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Rock World’s systems and customers, or to ensure the integrity and operation of Rock World’s business and systems, Rock World may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and any Content. Rock World’s right to disclose any such information shall govern over any terms of the Privacy Policy.

You acknowledge that your communications on the Site are public and not private communications. Therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. Rock World specifically disclaims any liability with regard to the areas of the Site where user-generated Content may be accessed or shared.

  1. 6.      PROHIBITED CONDUCT


Without limitation of the foregoing, you specifically agree that you will not use the Site to:

-          Access (or attempt to access) the Site by any means other than through the interface that is provided by Rock World;

-          Access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);

-          Engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site);

-          Post (“Post” includes uploading, posting, distributing, e-mailing, publishing, reproducing or otherwise making available) any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

-          Impersonate any person or entity, including, but not limited to, a Rock World representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

-          Reproduce, duplicate, copy, sell, trade or resell any aspect of the Site for any purpose;

-          Target or harm minors in any way;

-          Post any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘Spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;

-          Post any Content that is unlawful, obscene, pornographic, harmful, deceptive, threatening, embarrassing, abusive, harassing, hateful, defamatory, libelous, invasive of another’s privacy, or fraudulent;

-          Post any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

-          Intentionally violate any applicable local, state, national or international law;

-          Engage in spamming or flooding;

-          Post or transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; and/or

-          Collect or attempt to collect any information about other Site users or members without their express consent, including, without limitation, through the use of “phishing” schemes.

YOU UNDERSTAND AND ACKNOWLEDGE THAT ROCK WORLD IS NOT RESPONSIBLE FOR MATERIAL SUBMITTED TO THE SITE OR POSTED TO THE SITE BY YOU OR ANY OTHER USER.

  1. 7.      USER GRANT OF LICENSE


By submitting Content on the Site you grant Rock World the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. Furthermore, you will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to the Site.

  1. 8.      PRIVACY POLICY AND USE OF THE SITE BY CHILDREN UNDER THE AGE OF 13


These Terms and Conditions are subject to Rock World’s Privacy Policy, available at www.rockinrio.com/usa/privacy-policy/ which is incorporated by reference. If you do not agree to the terms of the Privacy Policy you may not use the Site. Without limiting the terms of the Privacy Policy, you understand that Rock World does not guarantee that your use of the Site and/or the information provided by you will be private and secure.

AS STATED IN THE PRIVACY POLICY, THE SITE IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13 AND ROCK WORLD DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. CHILDREN UNDER THE AGE OF 13 ARE NOT ELIGIBLE TO USE SERVICES ON THE SITE THAT REQUIRE SUBMISSION OF PERSONAL INFORMATION AND SHOULD NOT SUBMIT ANY PERSONAL INFORMATION TO ROCK WORLD.

  1. 9.      LINKS TO THIRD PARTY SITES


The Site may contain images of and links to third party web sites (“Linked Sites”), including affiliated websites which may or may not be owned or operated by Rock World. Such Linked Sites are provided for your convenience only, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Rock World of the Linked Site or any information contained therein. Rock World has not reviewed all of the websites that are linked to the Site, and Rock World is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Without limiting the foregoing, Rock World specifically disclaims any responsibility if such sites:

  • infringe any third party's intellectual property rights;

  • are inaccurate, incomplete or misleading;

  • are not merchantable or fit for a particular purpose;

  • do not provide adequate security;

  • contain viruses or other items of a destructive nature; or

  • are libelous or defamatory.


When leaving the Site, you should be aware that Rock World’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Any dealings with third parties (including advertisers) included within the Site or services or participation in promotions, including the delivery of and the payment for goods and services, are solely between you and the advertiser or other third party. Rock World is not responsible or liable for any part of any such dealings or promotions.

YOU AGREE THAT YOUR USE OF THE LINKED SITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THE LINKED SITES. BY REGISTERING, OR USING THE SITE, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS ROCK WORLD FROM ANY LIABILITY WHATSOEVER ASSOCIATED WITH YOUR DEALINGS WITH THESE THIRD PARTIES.

  1. 10.  OWNERSHIP AND RESTRICTIONS ON USE


THE CONTENTS OF THE SITE, INCLUDING ALL SITE SOFTWARE, DATABASES, PROPRIETARY INFORMATION AND MATERIALS, ARE OWNED AND OPERATED BY ROCK WORLD AND ITS AFFILIATES. THE SITE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS, AND YOU ACKNOWLEDGE THAT THESE RIGHTS ARE VALID AND ENFORCEABLE. YOU FURTHER ACKNOWLEDGE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS BY ACCESSING OR USING THE SITE OR THE MATERIALS.

THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE SITE, UNLESS OTHERWISE NOTED, ARE COPYRIGHTED BY ROCK WORLD, AND ARE INTENDED TO EDUCATE AND INFORM YOU ABOUT EVENTS, VENUES, AND OTHER PRODUCTS AND SERVICES OFFERED OR DESCRIBED ON THE SITE. YOU MAY NOT REPRODUCE, DISTRIBUTE, REPUBLISH, UPLOAD, TRANSMIT, DISPLAY, PREPARE DERIVATIVE WORKS OF, PUBLICLY PERFORM, SELL, TRANSFER, ASSIGN, LICENSE OR USE FOR COMMERCIAL PURPOSES ANY COPYRIGHTED MATERIAL ON THE SITE WITHOUT THE PRIOR WRITTEN CONSENT OF ROCK WORLD. ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS AND CONDITIONS ARE RESERVED TO ROCK WORLD.

THE TRADEMARKS, LOGOS, AND SERVICE MARKS DISPLAYED ON THE SITE (COLLECTIVELY THE “TRADEMARKS”) ARE THE REGISTERED AND UNREGISTERED TRADEMARKS OF ROCK WORLD, OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS. ALL RIGHTS ARE RESERVED BY THE RESPECTIVE OWNERS. THE TRADEMARKS OWNED BY ROCK WORLD, WHETHER REGISTERED OR UNREGISTERED, MAY NOT BE USED OR REPRODUCED WITHOUT EXPRESSED PERMISSION OF THE TRADEMARK OWNER. ROCK WORLD’S TRADEMARKS MAY NOT BE USED IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION TO CUSTOMERS, OR IN ANY MANNER THAT DISPARAGES ROCK WORLD. ROCK WORLD WILL ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS IN THE TRADEMARKS, INCLUDING CIVIL AND CRIMINAL PROCEEDINGS.

  1. 11.  INTERNATIONAL ACCESS


This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not necessarily imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

  1. 12.  RULES FOR CONTESTS AND SWEEPSTAKES PROMOTIONS


In addition to these Terms and Conditions, any contests, sweepstakes, games, or other promotions (the “Promotions”) made available on this Site are governed by specific rules and/or terms and conditions www.rockinrio.com/usa/terms-and-condittions/ .By participating in any Promotion on this Site, you will be subject to those specific rules and/or terms and conditions. All Promotions, including any information you submit in connection with a Promotion, will also be governed by our Privacy Policy www.rockinrio.com/usa/privacy-policy/ . To the extent that the terms and conditions of any Promotion’s rules conflict with these Terms and Conditions, the rules and/or terms and conditions of the Promotion will govern, but only to the extent of the conflict.

  1. 13.  TERMINATION


These Terms and Conditions are effective until terminated by Rock World. Rock World reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. Upon termination, you must cease use of the Site and destroy all materials and copies obtained from the Site. Any termination of these Terms and Conditions shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

  1. 14.  DISCLAIMER OF WARRANTIES


 

THE SITE IS PROVIDED BY ROCK WORLD ON AN “AS IS” BASIS. ROCK WORLD AND ITS MEMBERS, MANAGERS, AGENTS, EMPLOYEES, AFFILIATES AND SPONSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE MATERIALS, CONTENT OR PRODUCTS ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ROCK WORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.

ROCK WORLD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ROCK WORLD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE ROCK WORLD ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, ROCK WORLD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCK WORLD MAY MAKE CHANGES TO THE MATERIALS IN THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THE SITE MAY BE OUT OF DATE, AND ROCK WORLD MAKES NO COMMITMENT TO UPDATE THEM. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, SERVICES OR PROMOTIONS THAT ARE NOT AVAILABLE TO YOU.

  1. 15.  LIMITATION OF LIABILITY


IN NO EVENT WILL ROCK WORLD OR ITS OFFICERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES, SUPPLIERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ITS SERVICES, OR ACCESSED THROUGH, THE SITE, EVEN IF ROCK WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.

  1. 16.  INDEMNIFICATION


You agree to hold harmless and indemnify Rock World, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, partners, and other associates from and against any third party claim arising from or in any way related to your use of the Site’s services, violation of the Terms and Conditions or any other actions connected with use of the Site’s services (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). In such a case, Rock World will provide you with written notice of such claim, suit or action. These obligations will survive any termination of your relationship with Rock World or your use of the Site.

  1. 17.  GOVERNING LAW AND VENUE


By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or any of our affiliates. Except where prohibited, as a condition of visiting or using the Site, you agree that any and all disputes, claims and causes of action arising out of or connected with this Site which cannot be resolved between you and Rock World (including its partners, sponsors and affiliates), shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective.

The arbitration shall be conducted in the State of New York, in the City of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Terms and Conditions. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. You irrevocably waive any right to bring or join in any class action regarding the Site. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.  This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.   By using the Site, registering on the Site, or subscribing to the Site, you consent to these terms.

  1. 18.  ENTIRE AGREEMENT


These Terms and Conditions contain the entire agreement between the parties relative to the Site and supersedes any other prior understandings, written or oral, between the parties with respect to this subject matter. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT, IN ENTERING IN TO THESE TERMS AND CONDITIONS, THEY HAVE NOT IN ANY WAY RELIED UPON ANY ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOT SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS.

 

  1. 19.  QUESTIONS AND CONCERNS


Rock World makes every effort to respond promptly to any legal concern. All legal concerns regarding the Site should be addressed to infousa@rockinrio.com.