Terms and Conditions

1. ACCEPTANCE OF TERMS

   Rock-Nights provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: "http://Rock-Nights.com/support.php?Mode=TandCs"

   By Using Services Provided By Rock-Nights You Agree To Follow And Obey These Terms.

2. DESCRIPTION OF SERVICE

   Rock-Nights provides users with access to an online community, including various communication tools and online services. You understand and agree that the Service may include advertisements. You also understand and agree that the service may include certain communications from Rock-Nights, such as service announcements, administrative messages and information about upcoming services. If you don't want to receive such information, you can forbid sending of such material to you from your user profile. All new features that augment or enhance the current Service, including the release of new Rock-Nights products, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Rock-Nights assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

   You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges, including access to WAP and SMS messages). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

   Rock-Nights may also provide its users with access to a variety of products and services through its on-line (World Wide Web), SMS (Short Message Service) services and WAP (Wireless Application Protocol).

   Services may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. Where reasonably possible, Rock-Nights shall indicate the products and services provided by third parties as such. Even though they may be co-branded with Rock-Nights and so include Rock-Nights's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. Rock-Nights Shall Not Be A Party To, Or In Any Way Responsible For, Any Transaction Concerning Products Or Services Made Available From Such Third Parties Or For Any Content Or Information Presented In Connection With Any Such Products Or Services.

3. MEMBER CONDUCT

   You understand that all information, data, text, photographs, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Rock-Nights, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Rock-Nights does control the public content seen on the site, but does not control any private communication due to the Privacy Policy and does not guarantee the accuracy, integrity or quality of any content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Rock-Nights be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You acknowledge that Rock-Nights can't screen all content nor notice all violations of TOS, and thus can't be held liable for any content on the site.

   You agree to not use any of our Services to:

   1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
   2. Harm minors in any way
   3. Harass other users or in any way disrupt the normal flow of dialogue
   4. Impersonate any person or entity, including, but not limited to, a Rock-Nights official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
   5. Intentionally or unintentionally violate any applicable local, state, national or international law.
   6. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

   You understand that Rock-Nights and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Rock-Nights and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

   You acknowledge and agree that Rock-Nights may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

   1. Comply with legal process.
   2. Enforce the TOS.
   3. Respond to claims that any Content violates the rights of third-parties.
   4. Protect the rights, property, or personal safety of Rock-Nights, its users and the public.

   You agree to follow the code of conduct in all our services.

4. MODIFICATIONS TO SERVICE

   Rock-Nights reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rock-Nights shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. LINKS

   The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rock-Nights has no control over such sites and resources, you acknowledge and agree that Rock-Nights is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rock-Nights shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

6. TRADEMARKS AND COPYRIGHT

   All information, documents, products, software, and services (the 'Materials') provided on this Website were provided by or to Rock-Nights by their respective manufacturers, authors, developers and vendors (the 'Third Party Providers') and are the copyrighted work of and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Rock-Nights or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Rock-Nights. You also may not, without Rock-Nights prior express written permission, 'mirror' any Material contained on this Website on any other server. Nothing on this Website shall be construed as conferring any license under any of Rock-Nights or any Third Party Provider's intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

   If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to us, and it will be removed immediately:

   1. A description of the copyrighted work that you claim has been infringed
   2. A description of where the material that you claim is infringing is located on our Website
   3. Your address, telephone number, and email address so that we can contact you
   4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7. DISCLAIMER OF WARRANTIES

   You expressly understand and agree that:

   1. Your use of the service is at your own risk, the service is provided on an "As Is" and "As Available" basis.
   2. Rock-Nights makes no warranty that
      1. The service will meet your requirements
      2. The service will be uninterrupted, timely, secure, or error-free
      3. Errors in the software will be corrected.
   3. No advice or information, whether oral or written, obtained by you from Rock-Nights or through the service shall create any warranty not expressly stated in the TOS.

8. PROCESSING YOUR INFORMATION

   By using Rock-Nights services you are agreeing that from time to time Rock-Nights may use your contact details that you have provided (specifically e-mail addresses and telephone numbers), to make you aware of Rock-Nights services that we believe may be of interest to you. Please read our Privacy Policy for more details.

9. RIGHT TO MODIFY SERVICES

   Rock-Nights reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by Rock-Nights it will notify you of this fact.

10. PAYMENTS

    If applicable, the tariffs and terms of payment are made available at the Rock-Nights web Site. You shall pay Rock-Nights for the Services and the use thereof in accordance with the price lists in force from time to time. Unless otherwise indicated, the charges shall be invoiced either on your mobile operator's bill (i.e. on the bill related to the use of the mobile subscription with which you have accessed the Service), or via the credit card details you provide, or via your online payment service. Rock-Nights may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with the said third party. Such charges shall be invoiced in accordance with the tariffs of such third parties.

    Rock-Nights reserves the right to change the tariffs for the Service by posting details of such changes on its web site or in other publicity materials.

11. LIABILITIES

    NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER ROCK-NIGHTS OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR OR OUR EMPLOYEE'S OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

    ROCK-NIGHTS SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR LOSSES INCLUDING (WITHOUT LIMIT) FOR LOSS OF BUSINESS CONTRACTS, SAVINGS, ANTICIPATED SAVINGS, PROFITS OR GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE OR FOR ANY OTHER UNUSUAL LOSSES.