Terms & Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE SUMMARY DEPOSIT AND CANCELLATION POLICY. In the event that Artist is unable to make the full first month’s payment up front, Consultant may approve a “Good Faith Deposit” (hereafter, “Deposit”) or payment plan and or payment arrangement at Consultant’s sole discretion. A good faith deposit and or amount(s) to be paid by prospective client shall be determined at the sole discretion of the company-Rocstar World, LLC. Good Faith deposits are generally offered as a means to initiate a client’s account prior to the commencement of full services being rendered. Generally a “Good Faith” deposit will range between 30%-50% of the total face value of the service package being provided by the company. In the event of a client “Cancellation” or request for discontinuance of service as herein defined whereas prospective client/buyer and or authorized representative of prospective client/buyer and or user of company services has elected at will to not continue with requested services, active services, and or any services or service packages that have been cancelled of existing active services are non-refundable. This includes services that are offered, presented, and or provided by consultant during consultant’s presentation and have been fully or partially paid for in advance. All plans, services, and service packages, including but not limited to requests for services, pending services, good faith deposits and or full payments all of which are non-refundable. At the sole discretion of consultant and or authorized company representative client may receive a credit for services or artist development “services” equivalent to the specific amount(s) that have been paid prior to company receiving notice of cancellation from artist or artist representatives. (no exceptions).
These Terms of Service (“Terms”) apply when you interact digitally with the Internet sites operated by Rocstarworld.com, LLC and its affiliates and subsidiaries (“Rocstarworld.com or “We”), (the “Site”), games, interactive TV, and any other services, products and any related software or mobile applications offered by rocstarworld.com including features, widgets, plug-ins, applications, content, downloads and other services that are owned and controlled by us and that are available through or interact with a Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device, tablet or otherwise. By using the Service, you acknowledge and accept the Service’s Privacy Policy as outlined in this Terms and consent to the collection and use of your data in accordance with the Privacy Policy. By using the Service, you further agree that rocstarworld.com may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service. By using the Service, you agree to be bound by these Terms. In some instances, these Terms and separate additional terms or licenses, guidelines, rules or terms of use will apply to your use of the Service (“Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless we tell you otherwise). Please also review the Privacy Policy, which you accept by using the Service.
Service Content, Ownership, Limited License, and Rights of Others
Content You Submit and Community Usage Rules
(i) General. Rocstarworld.com may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, links to other websites, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions,
personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding rocstarworld.com Licensed Elements included therein, “User-Generated Content”). Rocstarworld.com may allow you to do this through forms on the Service, forums, blogs, message boards, social networking environments, content creation tools, game play, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
(ii) Non-Confidentiality of Your User-Generated Content. You agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Rocstarworld.com does not assume any obligation of any kind to you or anybody else with respect to your User-Generated Content. If we ask you for it, you will give us with any documents to support you have the rights to User-Generated Content and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you submit any User-Generated Content at your own risk. In your communications with rocstarworld.com, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, rocstarworld.com retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Rocstarworld.com’s receipt of your Unsolicited Ideas and Materials is not an admission by Rocstarworld.com of their novelty, priority, or originality, and it does not impair Rocstarworld.com’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. If we request you to submit materials either via a contest, sweepstakes or call to action, you understand that your ideas may be used in any and all media and there is no agreement to pay for these ideas, regardless of any industry custom and practice and such ideas will be treated as your User-Generated Content under these Terms.
(iii) License to Rocstarworld.com of Your User-Generated Content. You grant Rocstarworld.com the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also grant to Rocstarworld.com the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-
Generated Content. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You agree that you will not receive any payment from rocstarworld.com for any of the rights granted in this Section 2(A)(iii).
(iv) Rocstarworld.com’s Exclusive Right to Manage Our Service. Rocstarworld.com may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content. Rocstarworld.com may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability. We have no obligation to use, archive or retain your User-Generated Content.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, and you are the parent, legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Rocstarworld.com the rights to it that you are granting by these Terms, all without any Rocstarworld.com obligation to obtain consent of any third party and without creating any obligation or liability of 1wealthnation.com; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms.
(vi) Enforcement. Rocstarworld.com has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf.
including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
Service and Content Use Restrictions
Infringement Policy
Rocstarworld.com respects the intellectual property of others, and we ask our users to do the same. Rocstarworld.com, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. rocstarworld.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property; please send a written notice to the agent identified below to request a review of the alleged infringement: In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit rocstarworld.com to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
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 or other proprietary right owner, its agent, or the law.
A statement that the information in the notice 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 or on behalf of the person defamed.
Notices, Questions and Customer Service
You agree that: (1) we may give you notices of new, revised or changed Terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address at contact Rocstarlife@rocstarworld.com. All legal notices to us must be sent to: Rocstarlife@rocstarworld.com; By mail: General Counsel Rocstarworld 4730 S. Fort Apache Rd., Ste. 300, Las Vegas, NV 89147 By e-mail: Rocstarlife@rocstarworld.com. If you have a question regarding using the Service, you may contact Rocstarworld.com Customer Support by sending an e-mail to Rocstarlife@rocstarworld.com. You acknowledge that the provision of customer support is at 1wealthnation.com’s sole discretion and that we have no obligation to provide you with customer support of any kind.
Links By You To the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with rocstarworld.com or cause any other confusion, and (c) the links and the content on your website do not portray rocstarworld.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to rocstarworld.com. Rocstarworld.com reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice.
Third-Party Sites; Advertisements; Dealings with Third Parties
Dispute Resolution
Certain portions of this Section 8 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Rocstarworld.com agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 8 can only be amended by mutual agreement.
(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 8.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 8.B. If we cannot resolve an Excluded Dispute as set forth in Section 8.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and rocstarworld.com consent, in a writing signed by you and an Officer or legal representative of rocstarworld.com, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 8.B.
Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, by using our Service, you agree that any complaint, dispute, or disagreement you may have against rocstarworld.com, and any claim that rocstarworld.com may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any rocstarworld.com Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, rocstarworld.com agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph 8, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart 8(B)(iv); and 8F. Furthermore, this Paragraph 8 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
(ii) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets Section 9 of the Federal Arbitration Act.
(iii) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and 1wealthnation.com; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(iv) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart 8(F) below, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart 8(F) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor rocstarworld.com shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
While Rocstarworld.com uses reasonable efforts to include up to date information on the Site and Service, Rocstarworld.com makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. Rocstarworld.com PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Rocstarworld.com, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY,
THE “Rocstarworld.com PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, rocstarworld.com DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATIONS OF OUR LIABILITY
IN NO EVENT WILL THE rocstarworld.com PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO rocstarworld.com. IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, Rocstarworld.com’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PROVISION WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
Exclusion of Damages.
NONE OF THE Rocstarworld.com PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF Rocstarworld.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE Rocstarworld.com PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, Rocstarworld.com WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY PROTECT YOUR INFORMATION USED TO ACCESS
OUR SERVICES (E.G., REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF ANY ACCOUNT YOU MAY REGISTER WITH US, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
Updates to Terms.
AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Site, and the e-mail you provided to us for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional Terms by discontinuing use of the Service and related services