Terms of Service

1. Acceptance of Terms

By accessing or using Rock-Out ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must stop using the Platform immediately.

You must be at least 18 years of age to use Rock-Out. By using the Platform, you represent and warrant that you are at least 18 years old. Rock-Out is available only to users located within the United States. By accessing the Platform, you confirm that you are physically located in the US and subject to US jurisdiction.

2. Platform Description

Rock-Out is a musician networking platform that connects musicians, bands, venues, studios, and other music professionals for real-world collaboration. The Platform facilitates introductions, messaging, and content sharing among its users.

Rock-Out is provided as a hobby project. There are no guarantees of availability, uptime, performance, or continued operation. The Platform may experience downtime, bugs, data loss, or be discontinued entirely at the sole discretion of its operators, without prior notice.

3. Section 230 Safe Harbor

Rock-Out is a platform, not a publisher. Under Section 230 of the Communications Decency Act, Rock-Out is not liable for content posted by users. We provide tools for users to connect but do not endorse, verify, or take responsibility for user-generated content, user interactions, or outcomes of connections made through the Platform.

Rock-Out may, but is not obligated to, monitor, review, or remove user content at its sole discretion. Any moderation actions taken do not create an obligation to moderate all content or establish Rock-Out as a publisher of user content.

4. User Content Ownership

YOU RETAIN ALL OWNERSHIP RIGHTS TO YOUR CONTENT. When you upload music, images, videos, text, or any other material to Rock-Out:

• You retain full copyright and ownership of all uploaded content
• Rock-Out makes NO claim to your intellectual property
• Rock-Out does NOT take any ownership rights in your content
• Your content remains yours, and we respect your copyright

5. Limited License to Rock-Out

By uploading content, you grant Rock-Out a limited, non-exclusive, royalty-free license to:

• Display your content on the Platform
• Store and transmit your content as necessary for Platform functionality
• Make your content accessible to other users according to your privacy settings

This license exists solely to operate the Platform and ends when you delete your content or your account. Rock-Out will not use your content for any purpose beyond providing Platform services.

6. User Responsibilities

By using Rock-Out, you represent and warrant that:

• You own all rights to content you upload, or have obtained all necessary permissions, licenses, and clearances
• Your content does not infringe on any third-party copyrights, trademarks, or other intellectual property rights
• Information you provide on your profile is accurate and not misleading
• You will keep your account credentials secure and are responsible for all activity under your account
• You will comply with all applicable local, state, and federal laws

7. DMCA Policy

Rock-Out respects intellectual property. We comply with the Digital Millennium Copyright Act (DMCA). If you believe content on Rock-Out infringes your copyright, please see our DMCA Policy for instructions on filing a takedown notice. Counter-notices may be filed per our DMCA Policy. Repeat infringers will have their accounts terminated.

8. Prohibited Conduct

You agree NOT to engage in any of the following:

• Harassment or abuse: Threatening, bullying, intimidating, or harassing other users in any form
• Spam: Sending unsolicited messages, promotions, or repetitive content
• Illegal content: Uploading, sharing, or distributing any content that violates local, state, or federal law
• Impersonation: Creating fake profiles or pretending to be another person or entity
• Scraping: Using automated tools, bots, or scripts to access, collect, or extract data from the Platform
• Circumventing security: Attempting to bypass, disable, or interfere with any security features or access controls
• Copyright infringement: Uploading content you do not own or have rights to
• Sharing personal information: Posting other users' private information without their consent

9. Account Termination

Rock-Out reserves the right to suspend or terminate your account at any time, for any reason, with or without notice, including but not limited to violation of these Terms.

You may delete your account at any time through your account settings. Upon deletion, your profile, content, and associated data will be removed from the Platform.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Rock-Out expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Rock-Out is a hobby project. We do not guarantee that the Platform will be uninterrupted, error-free, secure, or available at any particular time. The Platform may be modified, suspended, or discontinued at any time without notice. We make no warranties regarding the accuracy, reliability, or completeness of any content on the Platform.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCK-OUT, ITS OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES resulting from:

• Your access to or use of (or inability to access or use) the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your content or data
• Any interactions between users in the real world, including but not limited to meetups, jam sessions, gigs, or any other activities arranged through the Platform

Rock-Out is a free service. In no event shall Rock-Out's total liability to you exceed $0 (zero dollars). You acknowledge that this limitation of liability is a fundamental element of these Terms and that Rock-Out would not provide the Platform without it.

12. Indemnification

You agree to indemnify, defend, and hold harmless Rock-Out, its operators, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you upload, post, or share on the Platform
• Your interactions with other users, whether on or off the Platform

13. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution First: Before filing any formal dispute, you agree to attempt to resolve the dispute informally by contacting Rock-Out. You must provide written notice describing the nature and basis of your claim and the relief sought. Both parties agree to negotiate in good faith for at least 30 days before pursuing formal dispute resolution.

Binding Arbitration: If the dispute is not resolved informally within 30 days, either party may initiate binding arbitration. Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in the English language.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate in a class action or class-wide arbitration.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Delaware.

15. Changes to Terms

Rock-Out reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform.

16. Contact

For questions about these Terms, contact us through the Platform or at the email address listed in our DMCA Policy.