User Agreement
Last Revision October 20, 2023
1. Introduction
These Terms apply to your use of the Rocola Services and our Platform, and we encourage you to read them carefully. Please also refer to the definitions set out at the bottom of this page. The Terms and any attachments related to it, applicable guidelines and any Service Plan(s), forms a legal Agreement between you and Rocola for your use of the Rocola Services. If you, or an Organization you are affiliated with, have entered into an Enterprise Agreement with Rocola, your use of the Rocola Services and Resources will be governed by the Enterprise Agreement and the documents incorporated therein.
These Terms define the terms and conditions under which you are allowed to use the Rocola Services and consume Resources. If you do not agree to these Terms, you must immediately discontinue your use of the Rocola Services and Resources.
In addition to these Terms, our Privacy Policy describes how we process the personal information we may collect when you use the Rocola Services, and how we protect your privacy.
Age and eligibility requirements
BY USING THE ROCOLA SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Rocola Service and access any Content, you represent that: you reside in the United States, and any registration and account information that you submit to Rocola is true, accurate, and complete, and you agree to keep it that way at all times.
2. Rocola Responsible Use and Conduct
General
You are solely responsible for all content that you upload via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Rocola. Rocola reserves the right to investigate and take appropriate legal action against anyone who, in Rocola sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
• Upload any content that
◦ You do not have a right to upload under any law or under contractual or fiduciary relationships
◦ Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
◦ Poses or creates a privacy or security risk to any person
◦ Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
◦ Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
◦ In the sole judgment of Rocola, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Rocola or its users to any harm or liability of any type
• 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; or
• Violate any applicable local, state, national or international law, or any regulations having the force of law
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Solicit personal information from anyone under the age of 18
• Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees
To the extent the Service or any portion thereof is made available for any fee (for example, purchasing Credits as described below), you will be required to provide Rocola information regarding your credit card or other payment instrument. You represent and warrant to Rocola that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Rocola the amount that is specified in the order you place, in accordance with the terms of such order and this Terms of Service. You hereby authorize Rocola to bill your payment instrument for the amount specified in the order, and you further agree to pay any charges so incurred. If you dispute any charges you must let Rocola know within sixty (60) days after the date that Rocola charges you. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Rocola’s net income.
Rocola Credits
You can get Rocola Credits (“Credits”) and redeem those Credits for certain services or virtual products within the Service (for example, playing a song at a particular venue). You can purchase Credits or may be given Credits for using specific features of the Service. Credits are not refundable. Except where prohibited by law, Credits may not be redeemed for cash or money, regardless of how you acquired those Credits. Credits are not your personal property. We may cancel, suspend, or otherwise limit your access to your Credits if we suspect fraudulent, abusive, or unlawful activity, and in such case, your right to use such Credits immediately ceases. You must ensure that we properly post your Credits to your Credits balance. If you believe you have validly acquired Credits that have not posted to your Credits balance, you must provide us with valid documentation within 90 days verifying that the Credits should be posted to your balance.
Personal Use: The Service is for your personal use. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
3. Rocola Service Plans
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Rocola, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Rocola, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rocola.
Third Party Material: Under no circumstances will Rocola be liable in any way for any content or materials of any third parties (including users), 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 such content. You acknowledge that Rocola does not have any duty to pre-screen content, but that Rocola and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Rocola and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Rocola, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Some content available via the Services may include explicit language or images, which may not be appropriate for all audiences, and you use the Services at your own risk.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Rocola and its affiliated companies rights that our lawyers would like to describe as anything and everything including your first born child, since that sounds a bit excessive we’ll just say: nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Rocola are non-confidential and Rocola will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Rocola 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: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rocola, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Rocola respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Rocola of your infringement claim in accordance with the procedure set forth below.
Rocola will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Rocola’s Copyright Agent at nrios8@gatech.edu (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
• An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
• Your name, address, telephone number, and email address
If a counter-notice is received by the Copyright Agent, Rocola will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Rocola has adopted a policy of terminating, in appropriate circumstances and at Rocola’s sole discretion, users who are deemed to be repeat infringers. Rocola may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Indemnity and Release
You agree to release, indemnify and hold Rocola and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
5. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROCOLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ROCOLA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
6. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCOLA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROCOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ROCOLA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ROCOLA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
7. Arbitration
At Rocola’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Atlanta, Georgia before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
8. Termination
You agree that Rocola, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Rocola believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Rocola may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Rocola may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Rocola will not be liable to you or any third party for any termination of your access to the Service.
9. User Dispute
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Rocola will have no liability or responsibility with respect thereto. Rocola reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
10. About These Terms
Changes
We may make changes to these Terms (including any additional Rocola terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Rocola Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Rocola Service, or other means). Your use of the Rocola Service following any changes to these Terms will constitute your acceptance of such changes. If Rocola makes any material change to the Arbitration Agreement (other than a change to the notice address), you may reject any such change by sending us a personally signed, written notice of your decision to opt out of those changes via email to nrios8@gatech.edu. This opt-out notice must be sent within thirty (30) days of when we notify users of the change and include: (1) your name, address, email address associated with your Rocola account, phone number, and Rocola username. Such an opt-out must be sent by you personally from your personal email address, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice also must include a statement that you wish to reject the change to the Arbitration Agreement. Opting out of a material change to the Arbitration Agreement is not an opt-out of arbitration altogether. Even if you opt out of a material change to the Arbitration Agreement, you and Rocola agree that any Dispute will be determined by binding individual (not class) arbitration in accordance with the Arbitration Agreement in effect immediately before any such opt-out.
Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Rocola, these Terms constitute all the terms and conditions agreed upon between you and Rocola and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Rocola Service are incorporated herein by reference.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Rocola or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Rocola’s or the applicable third-party beneficiary`'s right to do so.
Assignment
Rocola may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.