Terms and Conditions
RockstarTraining.com, LLC
Terms and Conditions
By joining RockstarTraining.com ("Service"), you agree to the following terms and conditions of RockstarTraining.com, LLC ("RockstarTraining.com", "we", “our” or “us”). These terms and conditions are collectively referred to as this "Agreement." By using our Website in any way and/or registering to use the services made available hereunder, you are agreeing to comply with and be bound by the following terms and conditions. In addition, by using RockstarTraining.com Services, you agree to abide by all Profile Page posting guidelines, which may change from time to time. Please review the following terms carefully. If you do not agree to these terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with RockstarTraining.com in any way, your only recourse is to immediately discontinue use of RockstarTraining.com and you should not review information or obtain services made available on this Website. This Agreement sets forth the full and complete understanding of the parties with respect to the subject matter hereof and supersedes any and all agreements and representations made by the parties on or prior to the date of your acceptance of this Agreement.
1. MODIFICATIONS TO THIS AGREEMENT
This Agreement may be amended at any time from time to time by us without specific notice to you. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
2. DEFINITIONS
“Account” or “Member Account” means one (1) RockstarTraining.com Member account for one (1) independent music teacher or one (1) music school.
“Content” has the meaning set forth in Section 8 of this Agreement.
“Individual Member” means one (1) individual, independent music teacher and/or instructor with a registered RockstartTraining.com Account.
“Member”, “You”, “Your”, or “your” means either an Individual Member or Music School Member, as applicable.
“Monthly Membership Fee” means the fee for the Services provided by RockstarTraining.com.
“Music School Member” means one (1) music school with a registered RockstarTraining.com account, which may include multiple music teachers Profile Pages.
“Price” means the price(s) measured in United States Dollars for the Services provided.
“Profile Page” means the personalized webpage of a registered RockstarTraining.com Member.
“Services” means the membership-based, proprietary network for independent music professionals.
“Student” or “Prospective Student” means the person who a Member provides music instruction.
“Website” means www.rockstartraining.com.
3. OUR SERVICES
RockstarTraining.com provides a proprietary network for independent music professionals and music schools on “as is” and “as available basis”. RockstarTraining.com is a membership-based network, which uses a database to list its Members geographically, by music instrument and by music genre. RockstarTraining.com is a neutral facilitator and is not involved in actual transactions between Members and Students. RockstarTraining.com does not guarantee that members will obtain students or performing opportunities from these Services. We reserve the right to reject and/or discontinue any Account, for any reason.
4. PAYMENT
We may charge a fee for our Services. The fee is an access fee permitting Content to be posted in the designated Member Profile Page. Each Member posting Content is responsible for said Content and compliance with the Terms and Conditions. RockstarTraining.com charges a monthly fee for its Services.
The Monthly Membership Fee is $9.99 USD for one (1) Individual Member and $29.99 USD for one (1) Music School Member with multiple teachers. Music School Members are required to pay a Monthly Membership Fee for each geographic location. All Membership fees paid will be non-refundable.
5. YOUR ACCOUNT
If you wish to use our Services, you must establish a Member account on our Website. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. RockstarTraining.com reserves the right to refuse our Services, terminate Accounts, remove or edit content, or cancel orders in its sole discretion.
You will be required to choose from two (2) different account types: Individual Member or School Group Member. You will be required to select the account type on the Website during the registration process.
Individual Members are required to display their legitimate first and last names. Music School Members are required to display the proper name of the school and legitimate name(s) of the school instructor(s). Unrelated data interferes with administrative functions and will be removed without notice. Members are required to display information designated by specific database field instructions.
Geographic Listing: Members must list only in local metro areas of their residence. Excessive listing in other areas is grounds for disqualification.
Mapping Service: We use Google Maps as our external mapping service to show your general geographic location. Your general geographic location is based on street address data you provide. We do not publish your personal address on RockstarTraining.com pages, however that information displays on pages of mapping service site.
6. MEMBER PROFILE PAGE
RockstarTraining.com provides a flexible level of user-controlled customization and operates on an honor basis. We request that Members exercise self-government and fair practices to help maintain the finest Services in our niche.
Members may NOT publish personal email address or phone numbers on publicly displayed Profile Pages.
We will disqualify Members who, to boost search results, add an excessive number of irrelevant musical instruments beyond the ones they teach, as well as geographic areas.
Music School Members are permitted to have one (1) profile page. However, a Music School Member may have individual Profiles for each instructor within the school. The Music School Group is responsible for all instructor Profile Pages. Under no circumstance may an instructor of a music school control the Music School Profile Page or the separate Profile Pages for its instructors.
Members are permitted to edit account information for their Profile Page at any time.
Instruments Listing: Members may list up to three (3) instruments on the search results page. However, a Member may list additional instruments to their Member Profile Page.
Genre Listing: Members may list up to three (3) specialized genres on the search results page. However, a Member may list additional genres to their Member Profile Page.
Images: We reserve the right to use Members' photographic images and forum content to promote the RockstarTraining.com Services.
Profile Photo: RockstarTraining.com Members may upload their photographic Profile images. The Member Profile photo is the only photo viewable on the RockstarTraining.com search results page.
Other Images: Members are permitted to upload additional photos to their Member Profile Page.
Video: Members are permitted to post recorded videos to their member Profile Page. Members are permitted to post videos to provide an introduction to potential students or provide students with samples of the Member’s talent and skill. We reserve the right to reject and/or remove any video posting for any reason.
Audio Recordings: Members are permitted to post audio recordings to their Member Profile Page. Members are permitted to audio to provide an introduction to potential students or provide students with samples of the Member’s talent and skill. We reserve the right to reject and/or remove any audio posting for any reason.
In order to help spread the word about our Services and to reward our Members for helping make the Website great, we established an Ambassador Program which includes the financial incentives described below.
If pursuant to the following terms you become an “Ambassador,” we will pay you $50 and you will be entitled to a free Individual Membership for life (i.e., for so long as the Services are made available). To become an “Ambassador” all you need to do is: (a) register for an Account and create a Member Profile Page on RockstarTraining.com, (b) show your approval of our Website by clicking the “like” button on our Facebook.com page; (c) register your interest in the Ambassador program by contacting RockstarTraining.com via the website's "Contact" page (including your full name and email address), at which point we will verify your eligibility and, if eligible, send you your unique promo code; and (d) refer ten (10) Individual Members using your unique promo code who become “Qualified Referrals” as defined below and feel free to let them know that they will get their first 3 months for free as a result of your referral.
For a referred Individual Member to become a Qualified Referral for purposes hereof, such Members must register to become an Individual Member and must have paid for at least one month of service fees after their initial 3 free months. Please be advised that we cannot count the same Member as a Qualified Referral for more than one person so the first Member to refer a new Member will be the only member that will get the credit under this program.
In addition, once an Ambassador achieves twenty-five (25) Qualified Referrals, the Member will receive $150.00 USD and once an Ambassador achieves fifty (50) Qualified Referrals, the Member will receive $500.00 USD.
8. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Services. You understand that RockstarTraining.com does not control, and is not responsible for content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the website and Content available through the Services may contain links to other websites, which are completely independent of RockstarTraining.com. RockstarTraining.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will We be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that RockstarTraining.com does not pre-screen or approve Content, but that RockstarTraining.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of the terms and conditions or for any other reason.
9. THIRD PARTY CONTENT, SITES, AND SERVICES
The Website and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of RockstarTraining.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that RockstarTraining.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that RockstarTraining.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release RockstarTraining.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Services.
10. COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this Website is strictly prohibited. You do not acquire ownership rights to any Content, document or other materials viewed through this Website. The posting of information or materials on this Website does not constitute a waiver of any right in such information and materials.
11. PRIVACY AND INFORMATION DISCLOSURE
RockstarTraining.com has established a Privacy Policy to explain to users how their information is collected and used. The Privacy Policy is located on the Website. Your use of Website or the RockstarTraining.com Services signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that RockstarTraining.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other Member information, if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms and Conditions; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone information, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of RockstarTraining.com, its Members, Students, Prospective Students or general public.
12. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic, sexual in content or depicts lewd behavior;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that includes links to commercial services or web sites, except as allowed in "Services";
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
Additionally, you agree not to:
n) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
o) "stalk" or otherwise harass anyone;
p) collect personal data about other users for commercial or unlawful purposes;
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by RockstarTraining.com;
r) post non-local or otherwise irrelevant Content to your Profile Page; or
s) attempt to gain unauthorized access to the RockstarTraining.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Website.
13. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to RockstarTraining.com email addresses or through RockstarTraining.com computer system is expressly prohibited by these Terms and Conditions. Any unauthorized use of RockstarTraining.com computer systems is a violation of these Terms and Conditions and certain federal and state laws.
14. LIMITATIONS OF SERVICES
You agree that RockstarTraining.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that RockstarTraining.com reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that RockstarTraining.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
15. ACCESS TO THE SERVICE
RockstarTraining.com grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by RockstarTraining.com. A limited exception to is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings for similar services, or personals, or which is in the business of providing classified ad listing.
RockstarTraining.com permits you to display on your website, or create a hyperlink on your website to, individual postings on our Services and your Member Profile Page (personal web blogs or personal online media).
16. TERMINATION OF SERVICE
You agree that RockstarTraining.com in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if RockstarTraining.com believes that you have acted inconsistently with the letter or spirit of the Terms and Conditions. Further, you agree that RockstarTraining.com shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.
17. EXCLUSIONS; DISCLAIMER OF WARRANTIES
THE SERVICES AS WELL AS ANY CONTENT OR OTHER INFORMATION MADE AVAILABLE FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO FULLEST EXTENT PERMITTED BY LAW). THE CONTENT, INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, INFORMATION OR SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, ROCKSTARTRAINING.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE.
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
18. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ROCKSTARTRAINING.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ROCKSTARTRAINING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
19. FORCE MAJEURE
If and to the extent that either party may be precluded or delayed from its performance by (a) acts of war, acts of public enemies, terrorist attacks, insurrections, riots, sabotage, earthquakes, floods, acts of God, embargoes, authority of laws, labor disputes (including strikes, lockouts, job actions or boycotts) or (b) fires, explosives, failures of electric power, heat, light, air conditioning or communications equipment or (c) other events beyond the party's reasonable control, provided that the events described in (a), (b) and (c) above (each a "Force Majeure Event") are not due to the fault or negligence of the party claiming relief, then such performance shall be excused to the extent and for the time necessitated by such Force Majeure Event. This provision does not apply to monetary amounts owed by either party to the other party.
20. INDEMNIFICATION
You agree to indemnify and hold RockstarTraing.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms and Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
21. DISPUTES; GOVERNING LAW
If either party gives written notice to the other party of a dispute, the parties shall use their commercially reasonable best efforts to resolve the dispute in good faith within thirty (30) days after notice of the dispute. If the parties are not able to resolve a dispute within such thirty (30) day period, the parties agree that all disputes arising under or in any way related to this Agreement shall be submitted for binding arbitration under the Commercial Rules of the American Arbitration Association, except to the extent the Commercial Rules are inconsistent with this Agreement. Any such arbitration shall be conducted by a single arbitrator and shall be held in Philadelphia, Pennsylvania. This Agreement shall be governed and construed, and any question regarding the validity or enforceability of this Agreement shall be determined, in accordance with the laws of the Commonwealth of Pennsylvania, excluding that state's conflicts of laws principles or rules.
22. GENERAL PROVISIONS
The Terms and Conditions constitute the entire agreement between you and RockstarTraining.com and govern your use of the Services, superseding any prior agreement between you and RockstarTraining.com
Your rights and obligations under this Agreement may not be transferred or assigned to any third party. This Agreement may only be modified or amended by a written instrument signed by the parties. A waiver of any right by either party will not constitute a waiver of such right on any subsequent occasion. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, such invalidity will not affect the remaining portions of this Agreement.
Any notice required or permitted to be given under this Agreement shall be given in writing to the person and at the address listed below by personal delivery, next day delivery through a nationally-recognized courier service or certified mail, return receipt requested: If to RockstarTraining.com: at RockstarTraining.com, LLC, 225 Arch Street, 1st Floor Philadelphia, Pennsylvania 19106 and if to Member at the address listed in the Member's account at the time that the Account was registered with RockstarTraining.com.
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Date of last revision: October 27, 2011
