Conditions of Use
1. Your Acceptance
- Although YouRocket or it’s management may attempt to notify you when major changes are made to these Conditions of Use, you should periodically review http://www.yourocket.com/terms) for the most current version. YouRocket may modify or revise these Conditions of Use at any time, and through your continued use of the “YouRocket” website agree to and are legally bound by any and all such modifications or revisions.
2. YouRocket Website
- These Conditions of Use apply to all users and/or visitors of the YouRocket Website, including users who are also contributors of any content or media related materials. The YouRocket Website includes all aspects of YouRocket, including but not limited to all products and services offered via the website.
- The YouRocket Website assumes no responsibility or control over any content, privacy policies or practices for links to third party websites that are not owned or controlled by YouRocket. Furthermore, YouRocket is not at liberty to censor or revise the content of any third-party site. By using the Website, you specifically alleviate YouRocket from any and all liability arising from your use of any third-party website.
3. YouRocket Accounts
- In order to access the primary features of the Website, you will have to create a YouRocket account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. YouRocket or YouRocket management may use this account information to contact a User under a necessary situation. As the “User”, you are solely responsible for the activity that occurs on your account and for ensuring that the information on your account is kept secure. If the security of your account has been breached in any form or fashion you must notify YouRocket immediately of such breach.
- Although YouRocket will not be liable for any losses caused by the unauthorized use of your account, you may be liable for losses incurred by YouRocket and/or others due to such unauthorized use.
4. General Use
YouRocket hereby grants you permission to access and use the Website as set forth in these Conditions of use, provided that:
- You do not participate in the unauthorized distribution of any medium or any part of the Website, including but not limited to User Submissions, as defined below, without prior written authorization from YouRocket.
- You agree not to alter or modify any part of the Website, including but not limited to YouRocket's Embeddable Player.
- You expressly agree to access User Submissions, as defined below, or YouRocket Content solely through the provided media playback pages of the Website itself, the YouRocket Embeddable Player, or other explicitly authorized means YouRocket may designate.
- Except with prior written authorization you agree to obstain from incorporating the YouRocket Website and/or the YouRocket embeddable player for any commercial use. The following are acceptable commercial uses: uploading any original media for the intentions of promoting your individual artistic enterprise, using the embeddable player to show YouRocket media on an ad-enabled website, provided the main purpose is not to compete with YouRocket in any fashion. And any use that YouRocket specifically mandates in writing.
- If you use the YouRocket Embeddable Player on your website you may not alter, reconstruct, add to or restrict any portion of the Embeddable Player in any manner, including but not limited to, it’s prominent link back to the YouRocket website
- You agree that to use or launch any automated system, including but not limited to, "robots," "spiders," or "offline readers," is strictly prohibited for the intention of accessing the Website in a manner that sends more request messages to the YouRocket servers in a given period of time than that which is consistent to what a typical human can reasonably produce in the same period of time by using a conventional on-line web browser. The afore mentioned would constitute acceptable usage under the explicit guidelines that YouRocket has solely granted permission to the operators of public search engines to use spiders to copy materials from the site for the absolute purpose of and solely to the extent necessary for creating publicly available searchable indices of the acquired information, but not caches or archives of such information. YouRocket reserves the right to terminate these allowances either by specific case or in general. And furthermore, with the acceptance of these terms you agree not to accumulate or gather any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
- Throughout your use of the YouRocket Website you concede to unconditionally comply with these Conditions of use and all applicable local, national, and international laws and regulations.
- YouRocket reserves the right to suspend any aspect of the YouRocket Website at any time without any prior notification.
5. Your Use of Content on the Site
The following restrictions and conditions shall apply to your specific use of content on the YouRocket website and furthermore shall be incorporated into the aforementioned general restrictions.
- The content on the YouRocket Website in its entirety , except User Submissions, is owned by or licensed to YouRocket, subject to all associated copyright and intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be used or accessed for any other purpose whatsoever without the prior written authorization of the respective owners. YouRocket reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions for your information and personal use only as specified through the provided mechanics of the YouRocket Website. You are prohibited from copying or downloading any User Submission that does not display a “download” or “buy” link as provided by YouRocket on the YouRocket Website for that specific User Submission.
- User Comments are accessible to you for your knowledge and personal use solely as intended through the general use of the YouRocket Website. User Comments are made available "as is", and are prohibited from being used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended through normal use of the YouRocket Website or otherwise as restricted under this Agreement.
- You are granted access to YouRocket Content, User Submissions and other content only as granted through the express permissions prescribed in this Agreement. YouRocket reserves all rights not specifically granted in and to the YouRocket Content and the YouRocket Website.
- You agree to be limited to the use, copying, or distribution of any of the Content as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- You concede not to circumvent, disable or otherwise interfere with any security-related features of the YouRocket Website or features implemented to prevent or restrict use or copying of any Content or enforce limitations on use of the YouRocket Website or the Content therein.
- You understand that while using the YouRocket Website, you will be exposed to content from a multitude of sources, and that YouRocket is in no way liable for the accuracy, usefulness, safety, or intellectual property rights of or otherwise relating to such content. Furthermore you consent to a clearly understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to hereby exonerate YouRocket of any legal or equitable rights or remedies you have or may have against YouRocket with respect thereto, and agree to indemnify and hold YouRocket, all of its associates and any of its affiliates innocuous to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
- It is acceptable and encouraged as a YouRocket account holder to submit media content ("User Media") and textual content ("User Comments"). This content is collectively referred to as "User Submissions." You understand that YouRocket does not guarantee any confidentiality associated with any User Submissions in respects to publication.
- You and you alone are responsible for your own User Submissions and any consequences associated with posting or publishing them. In regards to User Submissions, you affirm, represent, and/or warrant that: you own or have acquired the necessary licenses, rights, consents, and permissions in order to use and simultaneously authorize YouRocket the use all patents, trademarks, trade secrets, copyrights or any other required proprietary rights in and to any and all User Submissions that enable inclusion and use of the User Submissions in the any manner excogitated by the Website and these Conditions of use.
- Although you retain all of your ownership rights to your User Submissions. Through the process of submitting your user submissions you grant YouRocket a license which is worldwide, non-exclusive, royalty-free, sub licensable and which is transferable for the purpose of reproducing, distributing, preparation of derivative works, displaying, and performing User Submissions in connection with the YouRocket Website and YouRocket's business and any subsequent affiliates or successors for the purpose of promoting and redistributing part or all of the YouRocket Website (and derivative works thereof) in any formats and through any means. In addition to the afore mentioned you also grant each user of the YouRocket Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Conditions of use. The above licenses granted by you in User Media terminate within a commercially reasonable time after you remove or delete your User Media from the YouRocket Website. You also agree that YouRocket may retain server copies of User Submissions that have been removed or deleted and that the above licenses granted by you in User Comments are perpetual and indelible.
- As related to User Submissions, you agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to any third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have obtained all necessary permissions from their rightful owner to post the material and to grant YouRocket all of the license rights granted within these Conditions of Use.
- YouRocket expressly denies the endorsement of any User Submission or any opinions, recommendation, or advice conveyed therein, and YouRocket expressly refutes any and all liability associated with any User Submissions. YouRocket expressly prohibits any copyright infringing activities and infringement of intellectual property rights on its Website, and YouRocket will remove all Content and User Submissions infringing on another’s intellectual property rights when properly notified. YouRocket reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
- YouRocket maintains the right to terminate a User's access to its Website if, under appropriate deliberation, they are determined to have multiple infringements.
- YouRocket reserves the right to decide whether any User Submission is appropriate and complies with these Conditions of use. Excluding copyright infringement, inappropriate submissions may include, but are in no means limited to, pornography, obscene or defamatory material, any material demonstrating racial violence or submissions that YouRocket deems excessive in length. YouRocket reserves the right to remove any such User Submissions and/or terminate the affiliated User's access to the YouRocket website at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
- If you are the owner of a copyright or an agent in representation of said owner and believe that any User Submission are infringing upon such copyrights, you have the right to submit a notification in accordance with the Digital Millennium Copyright Act ("DMCA") by furnishing the YouRocket Copyright Agent with the following required information in writing (reference 17 U.S.C 512(c)(3) for any further detail):
- A physical or electronic signature as a person in ownership of the copyright in question or as the legal proxy authorized to act on behalf of the copyright owner.
- Description of the copyright protected work claimed to have been infringed, or, if multiple copyrighted works are suspect a definitive manifest of such works must be included.
- Reasonably sufficient information for the means of identifying and locating the alleged infringing material on the website.
- Sufficient information that will afford the service provider the ability to contact you, such as an address, telephone number, and, when available, an e-mail address.
- Affirmation that you as the copyright owner or agent thereof have legitimate presumption that use of the material in question is unauthorized or illegal in manner.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized agent acting on behalf of said copyright owner.
Any and all infringement claims should be submitted to the YouRocket designated Copyright Agent: YouRocket Copyright Agent, 6426 Iona St., Diamondhead, MS 39525, email: copyright@YouRocket.com, fax: 228-222-3352. Only DMCA claims are to be sent to the Copyright Agent; all other comments, suggestions, requests for technical support, and other communications should be directed to the YouRocket staff at http://www.yourocket.com/contact us.php. You accept that your DMCA notice may not be efficacious if you fail to meet all the necessary requirements specified in this section.
- Counter-Notice. If you believe the removal of one or more of your user submissions to be unwarranted and you are the legal owner of the copyright in question or the authorized agent thereof and do find cause for claiming a counter notice such claims must be pursuant to the following submission guidelines:
- Include your physical or electronic signature;
- Description of the material that has been removed and the location at which the content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have evidence that the material in question was removed as a result of a mistake or a misidentification.
- Your name, address, telephone number, and e-mail address, a statement that you adhere to the jurisdiction of the federal court in Hancock County, Mississippi, and a statement that you will accept service of process from the person (or an agent of) who provided notification of the alleged infringement.
If a counter-notice is submitted in compliance with the aforementioned guidelines to the Copyright Agent, YouRocket may provide a copy of the counter notification to the original complainant. YouRocket may inform you that it will replace the removed material within 10 business days. Unless the copyright owner provides verification of an action seeking a court order to restrain the content provider, member or user, the removed content may be replaced in 10 to 14 business days or more after receipt of the counter-notice, at YouRocket's sole discretion.
9. Warranty Disclaimer
YOUROCKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, YOUROCKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUROCKET WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
10. Limitation of Liability
IN NO EVENT WILL YOUROCKET BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW
YOU DEFINITIVELY ATTEST THAT YOUROCKET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF ANY RESULTING HARM OR DAMAGE FROM THE FOREGOING IS SOLELY YOUR RESPONSIBILTY.
The Website is operated and made available by YouRocket from its facilities in the United States of America. And in no manner does YouRocket make any account of the YouRocket Website being appropriate or available for use in any foreign markets. Those who decide to access or use the YouRocket Website from other jurisdictions do so at their own volition and are responsible for compliance with any and all associated local laws.
You agree to indemnify and hold YouRocket, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including attorneys’ fees made from any third party due to or arising out of your use of the YouRocket website in violation of these “Conditions of Use”. The afore mentioned violations may consist of but are not limited to your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Conditions of use and your use of the YouRocket Website.
12. Ability to Accept Conditions of use
You affirm that you are at least 18 years of age, or have acquired the legal rights of an emancipated minor as specified through the appropriate jurisdiction, or have attained legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions of use, and to abide by and comply with these Conditions of use.
In conjunction with these Conditions of use, all rights and licenses granted hereunder, may only be transferred or assigned by YouRocket.