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General Terms of Use & Privacy Policy
TERMS AND CONDITIONS OF WEBSITE USE
Set forth below are the terms and conditions (these "Terms and Conditions") governing the Rockstar Technologies, L.L.C.'s website located at, or linked to through, the root URL www.zaziggy.com, which may expand or change from time to time (the "Website"). As used herein, the term "Rockstar" refers to Rockstar Technologies, L.L.C., the sole owner and operator of the Website; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal, non-commercial or educational purposes or as expressly provided for in applicable Rockstar terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Rockstar server, except where explicitly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer file or software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Rockstar Technologies, the Rockstar Technologies logo, Zaziggy, and the Zaziggy logo are trademarks of Rockstar Technologies, L.L.C. Before using any Rockstar logo or trademark, please contact Rockstar.
Copyright and Trademark Infringement Policy and Notification Procedure: Rockstar does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the "Content") on the Website. All Content provided by an individual, group or company such as the artist or advertiser has represented and warranted to Rockstar that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights
Complainants may notify Rockstar concerning any Content and/or other proprietary information being used on the Website in violation of their rights by sending an email to abuse@zaziggy.com. Rockstar only shall use information provided by Complainants in accordance with its then-current Privacy Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all of the information to the bands or advertisers. In most cases, soon after receiving written notice alleging infringement, Rockstar either will remove the allegedly infringing Content and/or Name from those web pages identified or, at its election, remove those web pages.
Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Rockstar's express prior approval, contains advertising or any solicitation with respect to products or services.
Unless otherwise specified, the Website is for your personal, non-commercial or educational use. Without the advance express written permission of Rockstar, you may not 'meta-search' zaziggy.com, rockstartechnologies.com or any Rockstar website, send, or cause to be sent, any automated queries of any sort to any Rockstar website, or use the Website in any commercial manner.
If we feel that a user abuses the Rockstar website in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, possible credit card fraud. Rockstar reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification.
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our sites and services is the property of Rockstar, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including, but not limited to, for the purpose of obtaining unauthorized access to our sites.
Content: The Website offers a wide selection and variety of content to our users. Content may contain profanity or otherwise inappropriate or offensive material for children or other users. Users must evaluate and bear the risk associated with the use of the Website and related services. Rockstar suggests that parents should supervise their children's on-line activities and consider using parental control tools available to help provide an appropriate on-line environment for their children. Users are also encouraged to contact Rockstar for evaluation of possible offensive material. Rockstar reserves the right to act on such notices at its sole discretion.
Third Party Sites, Products and/or Services: Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Rockstar have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. We do not sell, resell, or license any of the products or the services that we list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that Rockstar will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Warranty Disclaimer: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROCKSTAR TECHNOLOGIES, L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, ROCKSTAR TECHNOLOGIES, L.L.C. MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ROCKSTAR TECHNOLOGIES, L.L.C. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL ROCKSTAR TECHNOLOGIES, L.L.C. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Website, materials or related services, you agree to release and hold Rockstar and the employees, officers, directors, shareholders, agents, representatives of Rockstar, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Rockstar, any third-party providers or sources of information or data and legal advisers (collectively, " Rockstar Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Rockstar that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, materials or related services. In addition, you agree to defend, indemnify and hold Rockstar Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL ROCKSTAR BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF ROCKSTAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Hartford, Connecticut, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Rockstar's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Modification of Terms and Conditions: From time to time Rockstar may modify these Terms and Conditions in its sole discretion. When such modification is made, Rockstar will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Rockstar is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
PRIVACY STATEMENT
Rockstar is committed to protecting your privacy online. We are also committed to providing you with the very best experience we can on our Website. In order to enhance your experience at our website we gather certain personal information about you that helps us customize our content to your tastes and preferences. Please read the following policy to understand how your personal information will be treated as you make full use of our Website. This policy may change from time to time so please check back periodically.
What information do we collect?
Rockstar collects information in several ways from different parts of our Web site.
Rockstar collects some personal information when you initially sign up for services. We may ask for information such as your name, e-mail address, zip code, and country, demographic information, and personal preferences (collectively "personal information"). The more information you share with us (and the more accurate it is), the better we are able to enhance and customize your experience on our site.
Wherever Rockstar collects personal information, we make an effort to include a link to this Privacy Policy on that page.
What information do parties other than Rockstar collect?
Some advertisers or Websites that have links on our site may collect personally identifiable information about you when you access or utilize those links. Rockstar does not control the collection or use of such information, and the practices of those advertisers and Websites are not covered by this Privacy Policy. However, please be assured that Rockstar would not provide any individually identifiable information about you to any third parties, i.e., name or e-mail address.
What are "cookies" and how do we use them?
Rockstar uses "Cookies" to track and record your preferences and activity on our Web site. Cookies are small bits of data that are sent to your browser and stored on your computer's hard drive. Your cookie may be set at various times during your interaction with our Website. It is updated from time to time as you access the many different portions of our Website. Each time you access our site, our server may deliver certain customized information to you based on the data stored in your cookie.
Some advertisers or Web sites that have links on our site may also use their own cookies.
What do we do with the information we collect?
Rockstar's primary goal in collecting personal information is to provide you, the user, with a customized experience on our Web site. The information we collect (including information contained in your cookie) may be used to provide such capabilities as personalization services, interactive communications, and personalized communication between you and the artists and/or advertisers that you prefer. We may also use the information to estimate the size of our audience and measure certain traffic patterns, to track the progress and number of entries in promotions and contests, to notify our visitors about updates to our Web site, to contact you for marketing purposes, to contact you on behalf of certain artists and other third parties and deliver targeted advertisements that may be of interest to you.
In addition, if we feel that a user abuses the zaziggy.com or other Rockstar site in any way, we reserve the right to share certain information with third parties. Abuses include, but are not limited to, possible copyright infringement, possible libel and slander.
With whom do we share your information and for what purpose?
Rockstar does not sell, rent, or trade your personal information with others. However, when one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). However, we will not share your personal contact information with anyone.
Your Consent
By using our Web site, you consent to the collection and use of your personal information by Rockstar as outlined in this Privacy Policy.
Changes to our Privacy Policy
From time to time, we may change our Privacy Policy. We will post those changes on this page so that our customers will always be aware of what information we collect, how we use it, and under what circumstances we share the information with others.
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