Last updated April 1, 2015
This web site and the materials and information on this web site are provided by hardrock.com ("hardrock.com" or "we") and may be used for informational purposes only. By using this web site, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this web site, you represent that (i) you have the capacity to be bound by these terms and conditions and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. If you do not agree to these terms and conditions, do not use this web site or download any materials from this web site. hardrock.com may amend or revise these terms and conditions at any time. By using this web site, you agree to be bound by these terms and conditions as in effect from time to time. Please review these terms and conditions regularly as these terms and conditions may change.
OWNERSHIP OF MATERIALS
Except as otherwise indicated, this web site and its entire contents (collectively, the "Materials"), including, but not limited to, the text, information, material, software and graphics contained on this web site, are owned by hardrock.com and its affiliates. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. hardrock.com makes no proprietary claim to any third party names, trademarks or service marks appearing on this web site. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without hardrock.com's prior written permission. You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person. By posting a message or contributing in any way to this web site, including, but not limited to, sending comments and e-mail, to this web site, you expressly grant hardrock.com the right to use in any way, copy, republish or sell your message or other contribution as part of its property. Hard Rock Cafe International Inc. reserves the right to change, update, discontinue, or restrict or prevent access to this web site or the Materials at any time without notice.
We welcome your comments, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through the Website, you:
- grant to Hard Rock the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
- represent and warrant to Hard Rock that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by Hard Rock (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and
- acknowledge that the Comments may not be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO HARD ROCK, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.
While we welcome such Comments from third parties but please note that Hard Rock is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website as Comments are those of such third parties and not of Hard Rock, and Hard Rock does not endorse any such opinions, statements, or materials.
By sharing photos, videos, information, text, messages, files, music, sounds, messages or other content or materials (“User Content”) on third party platforms and websites such as Instagram, Twitter, Facebook, Olapic (our third party photo sharing software provider) with a hash tag designated by Hard Rock or directly uploading User Content to the Website (“Submissions”), you are agreeing to the following:
As between you and us, you own all User Content. You grant Hard Rock a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Website and for other Hard Rock marketing purposes, including but not limited to marketing campaigns via any medium including but not limited to social media and print campaigns, customer communications, store materials and signage, social media, and any other form of marketing currently known and used or not yet known or developed. Hard Rock may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Hard Rock or the Website. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right to give Hard Rock the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Hard Rock may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Website for any reason. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Hard Rock to be used, it may be displayed for other users to see, together with your name and associated third party website profile information (such as your handle and profile picture). Hard Rock is under no obligation to display, feature or use any Submission, but may do so at its sole discretion. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
DISCLAIMER AND LIMITATION ON LIABILITY
By using this web site, you assume all responsibility and risk for the use of this web site and the Internet generally. The materials are provided "as is," without any express or implied warranty of any kind, including, without limitation, warranties or merchantability, fitness for a particular purpose, noninfringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components. In no event shall hardrock.com be liable for any damages whatsoever (including without limitation any special, indirect, or consequential damages, and damages resulting from loss of use, data, or profits, or business interruption) arising out of the use of inability to use the materials or any hyperlinked web site, even if hardrock.com or its affiliates have been advised of the possibility of such damages. This web site is intended to assist readers by providing data, research and editorial information on the music industry. hardrock.com will not be responsible for any errors or omissions in the Materials or information provided on this Web Site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this web site or in a hyperlinked site. This web site provides information and advice based on our editorial content and advice of industry professionals. While hardrock.com believes such information and advice to be reliable, we make no claims or representations about the accuracy, reliability, timeliness, usefulness or completeness of such information or advice. However, by nature such information is broad in scope. Your situation is unique and our information and advice may not be appropriate for your situation. You should not rely on any information or advice you obtain on this web site. Any reliance by you on any information or advice will be at your own risk. This web site provides chat rooms, bulletin boards and other means for the public to contribute information and make statements. hardrock.com does not make any endorsements of these statements nor representations that the statements are true and accurate. You should be cautious when acting on information provided by contributors to these public areas. You should not rely upon the information and opinions of the chat rooms or bulletin boards. hardrock.com suggests you use the information on this web site as a starting point for doing independent research on artists, collectibles, and other information that is the subject of this web site.
LINKS TO THIRD PARTY SITES
This web site contains links to third party sites. These links are provided for convenience purposes and are not under the control of Hard Rock Cafe International Inc. or its affiliates. hardrock.com does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by hardrock.com with respect to any third party, any third party's web site, the content of any third party's web site, or any products or services provided by a third party.
GOVERNING LAW AND JURISDICTION
COPYRIGHT POLICY/DMCA NOTICE
(A) Hard Rock Cafe International (USA), Inc. and its affiliates (collectively “Hard Rock” or “we”) respects the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may remove or disable access to material on our Website that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Hard Rock Cafe International (USA), Inc.
5701 Stirling Road
Davie, FL 33314 Attn: General Counsel Email: email@example.com Phone: 954-585-5703
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) 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 us to locate the material. (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (v) 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. (vi) 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. We will investigate notices of copyright infringement and take appropriate actions under the DMCA.