TERMS OF USE
ROCK MY WORLD INC.
TERMS AND CONDITIONS OF USE
IMPORTANT! THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") ARE A LEGAL AGREEMENT THAT GOVERN YOUR USE OF ROCKMYRUN.COM AND OTHER ROCK MY WORLD PLATFORMS (DEFINED BELOW). BY ACCESSING OR USING ROCKMYRUN.COM OR ANY ROCK MY WORLD PLATFORM, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
Welcome to RockMyRun! RockMyRun is an online music streaming service by Rock My World, Inc., a California Corporation, which provides via iOS and Android apps music streaming for its subscribers. The RockMyRun services include the website www.RockMyRun.com, Rock My Run mobile applications, and related players, widgets, tools, software, social features, personalized content, and other applications, and any other services now known or later developed by Rock My World (the "Rock My World Platforms").
Your Acceptance Agreement: By using the Rock My World Platforms, you agree to abide by these Terms of Use, the Rock My World Privacy Policy, and any additional terms, rules, regulations, or guidelines posted on the Rock My World Platforms (all of which are incorporated herein and collectively referred to as, these "Terms of Use"). These documents are legally binding agreements between you and Rock My World - please read them carefully. If you do not agree to these Terms of Use, please do not use the Rock My World Platforms.
Authority and Age Restriction: You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent and otherwise possess the legal right and ability to enter into these Terms of Use and use the Rock My World Platforms in accordance with these Terms of Use. In either case, you represent and warrant that you are at least 13 years of age. The Rock My World Platforms are not intended for children under 13.
Changes to the Terms of Use: Rock My World may, in its sole discretion, change the Terms of Use at any time, in which case Rock My World will post the revised Terms of Use on the Rock My World platforms. By continuing to use the Rock My World Platforms after Rock My World posts any such changes, you accept the Terms of Use as modified.
Changes to the Rock My World Platforms: Rock My World may change, restrict access to, suspend or discontinue the Rock My World Platforms, or any portion of the Rock My World Platforms, at any time in its sole discretion. From time to time, Rock My World may establish general practices, limits, or restrictions concerning the use of the Rock My World Platforms and the posting of materials by users of the Rock My World Platforms.
User Accounts
Accounts: To use the Rock My World Platforms, you must be a registered subscriber. Subscribers may access and stream content stored on the Rock My World Platforms but no content shall be downloaded. Rock My World may add, remove, or change the features of any type of Account, may withdraw or introduce new types of Accounts at any time and for any reason, and may change the prices charged for any of its Accounts from time to time.
Fees and Payments: Rock My World will charge fees due in accordance with the payment method you have chosen for your Account. Credit or debit cards shall be charged via the site in which you created an account. Registration is via the App Store, Google Pay, or the RockMyRun website and your payment form will be charged via one of those three sources. By designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).
Gift Cards: All RockMyRun gift cards are valid for one year (365 days) from the date of purchase. Once this time period has passed the gift card will become invalid and no longer redeemable. Only in the case that the recipient is an existing paid subscriber at the time the gift card is received will exceptions potentially be made by Rock My World, Inc. All sales of Gift Cards are non-refundable and are final. Rock My World, Inc. reserves the right to make exceptions to this policy at their sole discretion.
Registration and Personal Information: You agree to provide Rock My World with accurate and complete information when you register for an Account, and you agree to update your information to keep it accurate and complete. Your Account will require a unique username and password. You are responsible for all activities that occur under your username and password. You should not provide your username and password to anyone and you have the obligation to protect your username and password from unauthorized use. You must immediately notify Rock My World of any security breach of your Account. Rock My World is not responsible for any losses arising out of the unauthorized use of your Account. Personal information you provide to Rock My World when you create your Account is governed by Rock My World's Privacy Policy. Rock My World reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms of Use. You agree that Rock My World has the right to disclose any Account information to law enforcement authorities, government officials, and third parties, as Rock My World believes is reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms of Use.
Personal Account: Each RockMyRun account purchased through the App Store, Google Play, or the RockMyRun website is a consumer account. This account authorizes the use of the RockMyRun app by one individual and sharing of a subscriber account violates the Terms of Use.
Personal Use Only: RockMyRun subscriptions are licensed for personal use only and are strictly prohibited from use in a business or commercial setting. Rock My World does offer subscriptions for RockMyRun for Business accounts (Gyms, Fitness Studios, Martial Arts, independent fitness trainers, etc.). For information about business accounts please email support@rockmyrun.com.
Streaming Time Limitations: A consumer account subscription limits the subscriber to 50 hours of streaming per month. If you exceed those limits, RockMyRun will contact you to explore other subscription offers that allow higher streaming limits each month.
Termination: If you fail, or Rock My World suspects that you have failed, to comply with any of the provisions of these Terms of Use, Rock My World, at its sole discretion and without notice to you, may suspend or terminate your Account and disable or prohibit your access to the Rock My World Platforms. You may terminate your Account at any time and Rock My World will stop charging you fees for your Account effective on the first day of the month following its receipt of notice of termination from you. You will not receive a refund for any purchases if the request is submitted 30 days after the purchase date. This provision applies to all subscription types. Any special judgment concerning a refund is solely reserved by the company. If your subscription is through our website (rockmyrun.com), once your subscription has been terminated your billing information will be removed from your account.
Content on the Rock My World Platforms
Content: All content used on and in the Rock My World Platforms and the functionality thereof, including without limitation, the text, software, scripts, source code, graphics, photos, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks and logos contained therein ("Content"), are owned by or licensed to Rock My World and are proprietary and protected by applicable intellectual property law. Except as explicitly permitted by the Terms of Use or the functionality of the Rock My World Platforms, content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without Rock My World's prior written consent. Rock My World may change the Content on the Rock My World Platforms without notice.
Third-Party Material: Certain Content on the Rock My World Platform, in particular, User Submissions, include content, products, resources, and services from third parties. Rock My World may provide links, solicitations, advertisements, data, or information related to third parties and their materials. Rock My World has no control over such third parties and their materials, and, as such, you agree that Rock My World does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties. You agree that you assume full responsibility when you choose to access third party material or follow any links that lead you to third party websites.
Objectionable Material: You understand that by using the Rock My World Platform, you may encounter material that you may deem to be offensive, indecent, or explicit. Nevertheless, you agree to use the Rock My World Platform at your sole risk and you agree that Rock My World has no liability to you for material that may be found to be offensive, indecent, or objectionable.
Use of Rock My World Platforms
License for Your Use: Subject to these Terms of Use and only to the extent permitted by your Account and the functionality of the Rock My World Platforms, you are granted a limited, personal (individual), non-commercial, non-exclusive, revocable, non-assignable and non-transferable right to use the Rock My World Platforms in order to access and interact with content on the Rock My World Platform, upload or post User Submissions to the Rock My World Platform, and participate in community areas and interact with other users of the Rock My World Platform.
Restrictions on Your Use: You may not use Rock My World for any illegal purpose or in any manner inconsistent with these Terms of Use. Rock My World reserves the right to restrict or terminate your access to the Rock My World Platforms for any reason at any time, with or without notice to you, as determined by Rock My World in its sole and absolute discretion. Without limitation you agree, represent, and/or warrant that:
You will use the Rock My World Platforms only for personal, private, non-commercial purposes. Business use of a personal (individual) subscription of RockMyRun is strictly prohibited. All subscriptions sold on-line via the App Store, Google Play, and the RockMyRun website are personal-use subscriptions.
You shall not interfere with or damage the Rock My World Platforms in any way whatsoever, including, but not limited to, by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You may not decompile, disassemble, reverse-engineer or otherwise attempt to discover any source code contained in or on the Rock My World Platforms.
You agree not to tamper with or modify the Rock My World Platforms in any manner and for any purpose including but not limited to obtaining unauthorized access to the Rock My World Platforms.
You agree not to circumvent, disable or otherwise interfere with security related features of the Rock My World Platforms or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Rock My World Platforms.
You agree not to obtain or attempt to obtain any materials or information though any means not intentionally made available through the Rock My World Platforms.
You will not use any automated means, including bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like to attempt to download, access, aggregate, repurpose, or otherwise make use of the Content for any purposes.
You will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Rock My World Platforms.
You may not copy, re-skin, re-package, reproduce, recompile, distribute, publish, display, perform, or in any way exploit any part of the Content except as expressly permitted by the functionality of the Rock My World Platforms.
You may not use any Content in any way that is designed to create a separate content service or that replicates any part of the Rock My World Platforms.
You agree not to defame, harass, abuse, threaten, stalk, defraud, or attempt to collect personal information about Rock My World or users of the Rock My World Platforms.You agree to notify Rock My World in writing promptly upon becoming aware of any unauthorized access or use of the Rock My World Platforms by any party.
Linking: You may include links to Rock My World Platforms provided that (1) you do not replicate the Content, (2) you do not imply that Rock My World is endorsing or sponsoring your website or products, (3) you do not present false information about Rock My World or Rock My World Platforms, (4) your website does not contain illegal content or support, endorse, or encourage piracy or the unauthorized exploitation of intellectual property rights. Notwithstanding the foregoing, Rock My World reserve the right to deny permission to link to Rock My World Platforms for any reason in its sole and absolute discretion.
DMCA Copyright Agent
Its DMCA Agent: If you are a copyright holder who believes that any of the products, services or Content which are directly available via the Rock My World Platforms contains infringing copies of your work, please notify Rock My World. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3) ("DMCA"), a notice of alleged copyright infringement should be sent to Rock My World's designated copyright agent at the following address ("Rock My World's Agent"):
DMCA Agent
Rock My World, Inc.
4240 Kearny Mesa Rd., STE 120 #1007
San Diego, CA 92111
E-Mail: support@rockmyrun.com
DMCA Notification: A notification of claimed copyright infringement ("DMCA Notification") must be addressed to Rock My World's Agent and must include the following:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringed is located on the Rock My World Platforms (please be as detailed as possible and provide a URL if possible, to help Rock My World locate the material you are reporting);
Contact information for the complaining party, including your complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
And a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Counter Notification: The user who uploaded the material that is the subject of a DMCA Notification may file a counter notification. Counter-notifications should be sent to Rock My World's Agent and must include the following:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once Rock My World receives a counter notification, Rock My World will forward it to the party who submitted the original claim of infringement. Please understand that your personal information will be included. You consent to having your information forwarded in this way by submitting a counter notification. After Rock My World sends the counter notification, the original claimant must notify Rock My World within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Rock My World Platforms. If Rock My World receives such notification Rock My World will be unable to restore the material. If Rock My World does not receive such notification, Rock My World may reinstate the material in its sole discretion.
Disclaimer of Warranties
YOUR USE OF, OR INABILITY TO USE, THE ROCK MY WORLD PLATFORMS IS AT YOUR SOLE RISK. THE ROCK MY WORLD PLATFORMS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS.
ROCK MY WORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE ROCK MY WORLD PLATFORMS AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION ROCK MY WORLD MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO AND ASSUMES NO LIBILITY FOR (1) ERROR, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ROCK MY WORLD PLATFORMS; (3) ANY UNAUTHORIZED ACCESS TO ITS USE OF ITS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANICAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ROCK MY WORLD PLATFORMS; (5) ANY BUGS, VIRUSES, TORJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO IT THROUGH THE ROCK MY WORLD PLATFORMS BY ANY THIRD PARTY; (6) ANY ERROR OR OMISSION IN ANY CONTENT OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVALIABLE VIA THE ROCK MY WORLD PLATFORMS. ROCK MY WORLD IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF THE THIRD-PARTY MATERIAL, INCLUDING USER SUBMISSIONS AND ADVERTISING, FOR ANY REASON WHATSOEVER. YOU AGREE THAT ROCK MY WORLD WILL NOT BE LIABLE FOR YOUR RELIANCE ON, ACCESS TO, USE OF, OR DOWNLOADING OF MATERIAL AVAILABLE FROM, BY, OR THROUGH A THIRD PARTY.
Limitation of Liability
IN NO CASE SHALL ROCK MY WORLD, ITS PARENT ENTITY, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, CONTRACTORS, LICENSEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL; DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROCK MY WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; ANY ERRORS OR OMISSIONS IN ANY CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO THE SERVICE, ROCK MY WORLD, AND CONTENT. ROCK MY WORLD SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ROCK MY WORLD PLATFORMS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ROCK MY WORLD HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. IN NO EVENT WILL THE AGGREGATE OF EACH OF ROCK MY WORLD, ITS PARENT ENTITY, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS' LIABILITY FOR ANY AND ALL OF YOUR CLAIMS, OR ANY THIRD PARTY CLAIMS, AGAINST ROCK MY WORLD, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE PURSUANT TO THESE TERMS OF USE OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF ROCK MY WORLD, OR YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE, EXCEED THE PRICE PAID BY YOU TO ROCK MY WORLD FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS
Indemnity and Waiver
You agree to indemnify and hold Rock My World, its parent entity, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensees, and licensors harmless with respect to any claims, costs, demands, liabilities, judgments, settlements, and expenses (including attorneys' fees) arising out of your breach of these Terms of Use, your use of the Rock My World Platforms, your violation of any third party right, including without limitation any copyright, property, or privacy right, any claim that your User Submissions caused damage to a third party, or any action taken by Rock My World as part of its investigation of a suspected violation of these terms of use or as a result of its finding or decision that a violation of these terms of use has occurred. This means that you cannot sue or recover any damages from Rock My World, its parent entity, directors, officers, employees, affiliates, subsidiaries, agents, contractors, licensees, and licensors as a result of its decision or indecision to remove any information or content, to warn you, to suspend or terminate your access to the service, to take any action, or the failure to take any action, including but not limited to during the investigation of a suspected violation or as a result of Rock My World's conclusion that a violation of these terms of use has occurred.
Miscellaneous
Sole Remedy: Your sole remedy as a result of any breach or alleged breach of the Terms of Use is limited to your ability to cancel any agreement you entered into with Rock My World. By entering these Terms of Use, you waive any and all claims you may have against Rock My World, its officers, directors, employees, contracts, agents, suppliers, and programmers, which currently exist or accrue anytime hereafter.
Dispute Resolution: You agree to provide Rock My World with written notice of any dispute, claim, or controversy, of any sort or nature, arising out of the use of Rock My World or the Rock My World Platforms, within 30 days after any such claim, dispute, or controversy arises. You must provide written notice via certified mail, return receipt requested, to:
Rock My World, Inc.
4240 Kearny Mesa Rd., STE 120 #1007
San Diego, CA 92111
Any failure to strictly follow the procedures delineated in this section shall constitute an unconditional waiver of any dispute, claims, or controversy that may exist or you may have against Rock My World, its affiliates, subsidiaries, parent entity, licensors, licensees, officers, directors, employees, contracts, agents, suppliers, and programmers. You agree to pay Rock My World's reasonable attorneys' fees for defending a lawsuit in which the dispute resolution procedure, as defined in this paragraph, has not been strictly followed.
Disputes with Other Users: If there is a dispute between persons who are users of Rock My World Platforms, or between a Rock My World Platform user and any third party, you understand and agree that Rock My World are under no obligation to become involved in any respect. In the event that you have a dispute with one or more other Rock My World Platform users, you release Rock My World and, its officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Rock My World Platforms.
Arbitration: Any and all questions, differences, controversies, claims, or disputes arising out of or in connection with the Rock My World Platforms or these Terms of Use shall be finally settled in accordance with the rules then enforced of the CPR Institute Rules for Non-Administered Arbitration of Business Disputes (the "CPR Rules") by three (3) independent and impartial arbitrators. Any judgment upon any award rendered by the arbitrators may be entered in any state or federal court located in San Diego County, California. The party desiring arbitration shall so notify the other party, in writing, in accordance with the aforesaid rules and such notice shall be accompanied by the name of the arbitrator selected by the party serving such notice. A second arbitrator shall be chosen by the other party, and the third arbitrator, who shall serve as the chair of the arbitration panel, shall be appointed in accordance with the CPR Rules. If a party fails to select an arbitrator and to advise the other party of its selection, in writing, within seven (7) days after receipt by such party of the written notice of intent to arbitrate, the second arbitrator will be selected in accordance with the CPR Rules. All arbitration proceedings and hearings shall be held in San Diego, California in the United States. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of California in the United States., without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonably attorney's fees.
Controlling Law: The Rock My World Platforms are operated by Rock My World from its offices in San Diego, California in the United States. The validity, construction, and performance of these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without reference to choice of law principles. Access to the Rock My World Platforms from territories where access to or use thereof illegal is strictly prohibited. Rock My World makes no representation that the Rock My World Platforms are appropriate or available outside of the United States. Those who access or use the Rock My World Platforms from other jurisdictions do so at their own volition and are responsible for compliance with local law. You expressly agree that exclusive jurisdiction for any claim or dispute with Rock My World, the Terms of Use, or relating in any way to your use of the Rock My World Platforms resides in the federal and state courts located in San Diego County, California. You agree to and consent to jurisdiction and venue in the Superior Court of San Diego County. You agree to waive any defense pertaining to jurisdiction and venue. In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.
General: These Terms of Use constitute the entire agreement between you and Rock My World with respect to your use of the Rock My World Platforms, and replaces and supersedes all other agreements or understandings between you and Rock My World. Failure by Rock My World to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rock My World without restriction. If any provision of these Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms of Use shall nevertheless remain in full force and effect.
Last updated: November 2023
TERMS AND CONDITIONS OF USE
IMPORTANT! THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") ARE A LEGAL AGREEMENT THAT GOVERN YOUR USE OF ROCKMYRUN.COM AND OTHER ROCK MY WORLD PLATFORMS (DEFINED BELOW). BY ACCESSING OR USING ROCKMYRUN.COM OR ANY ROCK MY WORLD PLATFORM, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
Welcome to RockMyRun! RockMyRun is an online music streaming service by Rock My World, Inc., a California Corporation, which provides via iOS and Android apps music streaming for its subscribers. The RockMyRun services include the website www.RockMyRun.com, Rock My Run mobile applications, and related players, widgets, tools, software, social features, personalized content, and other applications, and any other services now known or later developed by Rock My World (the "Rock My World Platforms").
Your Acceptance Agreement: By using the Rock My World Platforms, you agree to abide by these Terms of Use, the Rock My World Privacy Policy, and any additional terms, rules, regulations, or guidelines posted on the Rock My World Platforms (all of which are incorporated herein and collectively referred to as, these "Terms of Use"). These documents are legally binding agreements between you and Rock My World - please read them carefully. If you do not agree to these Terms of Use, please do not use the Rock My World Platforms.
Authority and Age Restriction: You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent and otherwise possess the legal right and ability to enter into these Terms of Use and use the Rock My World Platforms in accordance with these Terms of Use. In either case, you represent and warrant that you are at least 13 years of age. The Rock My World Platforms are not intended for children under 13.
Changes to the Terms of Use: Rock My World may, in its sole discretion, change the Terms of Use at any time, in which case Rock My World will post the revised Terms of Use on the Rock My World platforms. By continuing to use the Rock My World Platforms after Rock My World posts any such changes, you accept the Terms of Use as modified.
Changes to the Rock My World Platforms: Rock My World may change, restrict access to, suspend or discontinue the Rock My World Platforms, or any portion of the Rock My World Platforms, at any time in its sole discretion. From time to time, Rock My World may establish general practices, limits, or restrictions concerning the use of the Rock My World Platforms and the posting of materials by users of the Rock My World Platforms.
User Accounts
Accounts: To use the Rock My World Platforms, you must be a registered subscriber. Subscribers may access and stream content stored on the Rock My World Platforms but no content shall be downloaded. Rock My World may add, remove, or change the features of any type of Account, may withdraw or introduce new types of Accounts at any time and for any reason, and may change the prices charged for any of its Accounts from time to time.
Fees and Payments: Rock My World will charge fees due in accordance with the payment method you have chosen for your Account. Credit or debit cards shall be charged via the site in which you created an account. Registration is via the App Store, Google Pay, or the RockMyRun website and your payment form will be charged via one of those three sources. By designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).
Gift Cards: All RockMyRun gift cards are valid for one year (365 days) from the date of purchase. Once this time period has passed the gift card will become invalid and no longer redeemable. Only in the case that the recipient is an existing paid subscriber at the time the gift card is received will exceptions potentially be made by Rock My World, Inc. All sales of Gift Cards are non-refundable and are final. Rock My World, Inc. reserves the right to make exceptions to this policy at their sole discretion.
Registration and Personal Information: You agree to provide Rock My World with accurate and complete information when you register for an Account, and you agree to update your information to keep it accurate and complete. Your Account will require a unique username and password. You are responsible for all activities that occur under your username and password. You should not provide your username and password to anyone and you have the obligation to protect your username and password from unauthorized use. You must immediately notify Rock My World of any security breach of your Account. Rock My World is not responsible for any losses arising out of the unauthorized use of your Account. Personal information you provide to Rock My World when you create your Account is governed by Rock My World's Privacy Policy. Rock My World reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms of Use. You agree that Rock My World has the right to disclose any Account information to law enforcement authorities, government officials, and third parties, as Rock My World believes is reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms of Use.
Personal Account: Each RockMyRun account purchased through the App Store, Google Play, or the RockMyRun website is a consumer account. This account authorizes the use of the RockMyRun app by one individual and sharing of a subscriber account violates the Terms of Use.
Personal Use Only: RockMyRun subscriptions are licensed for personal use only and are strictly prohibited from use in a business or commercial setting. Rock My World does offer subscriptions for RockMyRun for Business accounts (Gyms, Fitness Studios, Martial Arts, independent fitness trainers, etc.). For information about business accounts please email support@rockmyrun.com.
Streaming Time Limitations: A consumer account subscription limits the subscriber to 50 hours of streaming per month. If you exceed those limits, RockMyRun will contact you to explore other subscription offers that allow higher streaming limits each month.
Termination: If you fail, or Rock My World suspects that you have failed, to comply with any of the provisions of these Terms of Use, Rock My World, at its sole discretion and without notice to you, may suspend or terminate your Account and disable or prohibit your access to the Rock My World Platforms. You may terminate your Account at any time and Rock My World will stop charging you fees for your Account effective on the first day of the month following its receipt of notice of termination from you. You will not receive a refund for any purchases if the request is submitted 30 days after the purchase date. This provision applies to all subscription types. Any special judgment concerning a refund is solely reserved by the company. If your subscription is through our website (rockmyrun.com), once your subscription has been terminated your billing information will be removed from your account.
Content on the Rock My World Platforms
Content: All content used on and in the Rock My World Platforms and the functionality thereof, including without limitation, the text, software, scripts, source code, graphics, photos, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks and logos contained therein ("Content"), are owned by or licensed to Rock My World and are proprietary and protected by applicable intellectual property law. Except as explicitly permitted by the Terms of Use or the functionality of the Rock My World Platforms, content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without Rock My World's prior written consent. Rock My World may change the Content on the Rock My World Platforms without notice.
Third-Party Material: Certain Content on the Rock My World Platform, in particular, User Submissions, include content, products, resources, and services from third parties. Rock My World may provide links, solicitations, advertisements, data, or information related to third parties and their materials. Rock My World has no control over such third parties and their materials, and, as such, you agree that Rock My World does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties. You agree that you assume full responsibility when you choose to access third party material or follow any links that lead you to third party websites.
Objectionable Material: You understand that by using the Rock My World Platform, you may encounter material that you may deem to be offensive, indecent, or explicit. Nevertheless, you agree to use the Rock My World Platform at your sole risk and you agree that Rock My World has no liability to you for material that may be found to be offensive, indecent, or objectionable.
Use of Rock My World Platforms
License for Your Use: Subject to these Terms of Use and only to the extent permitted by your Account and the functionality of the Rock My World Platforms, you are granted a limited, personal (individual), non-commercial, non-exclusive, revocable, non-assignable and non-transferable right to use the Rock My World Platforms in order to access and interact with content on the Rock My World Platform, upload or post User Submissions to the Rock My World Platform, and participate in community areas and interact with other users of the Rock My World Platform.
Restrictions on Your Use: You may not use Rock My World for any illegal purpose or in any manner inconsistent with these Terms of Use. Rock My World reserves the right to restrict or terminate your access to the Rock My World Platforms for any reason at any time, with or without notice to you, as determined by Rock My World in its sole and absolute discretion. Without limitation you agree, represent, and/or warrant that:
You will use the Rock My World Platforms only for personal, private, non-commercial purposes. Business use of a personal (individual) subscription of RockMyRun is strictly prohibited. All subscriptions sold on-line via the App Store, Google Play, and the RockMyRun website are personal-use subscriptions.
You shall not interfere with or damage the Rock My World Platforms in any way whatsoever, including, but not limited to, by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You may not decompile, disassemble, reverse-engineer or otherwise attempt to discover any source code contained in or on the Rock My World Platforms.
You agree not to tamper with or modify the Rock My World Platforms in any manner and for any purpose including but not limited to obtaining unauthorized access to the Rock My World Platforms.
You agree not to circumvent, disable or otherwise interfere with security related features of the Rock My World Platforms or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Rock My World Platforms.
You agree not to obtain or attempt to obtain any materials or information though any means not intentionally made available through the Rock My World Platforms.
You will not use any automated means, including bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like to attempt to download, access, aggregate, repurpose, or otherwise make use of the Content for any purposes.
You will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Rock My World Platforms.
You may not copy, re-skin, re-package, reproduce, recompile, distribute, publish, display, perform, or in any way exploit any part of the Content except as expressly permitted by the functionality of the Rock My World Platforms.
You may not use any Content in any way that is designed to create a separate content service or that replicates any part of the Rock My World Platforms.
You agree not to defame, harass, abuse, threaten, stalk, defraud, or attempt to collect personal information about Rock My World or users of the Rock My World Platforms.You agree to notify Rock My World in writing promptly upon becoming aware of any unauthorized access or use of the Rock My World Platforms by any party.
Linking: You may include links to Rock My World Platforms provided that (1) you do not replicate the Content, (2) you do not imply that Rock My World is endorsing or sponsoring your website or products, (3) you do not present false information about Rock My World or Rock My World Platforms, (4) your website does not contain illegal content or support, endorse, or encourage piracy or the unauthorized exploitation of intellectual property rights. Notwithstanding the foregoing, Rock My World reserve the right to deny permission to link to Rock My World Platforms for any reason in its sole and absolute discretion.
DMCA Copyright Agent
Its DMCA Agent: If you are a copyright holder who believes that any of the products, services or Content which are directly available via the Rock My World Platforms contains infringing copies of your work, please notify Rock My World. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3) ("DMCA"), a notice of alleged copyright infringement should be sent to Rock My World's designated copyright agent at the following address ("Rock My World's Agent"):
DMCA Agent
Rock My World, Inc.
4240 Kearny Mesa Rd., STE 120 #1007
San Diego, CA 92111
E-Mail: support@rockmyrun.com
DMCA Notification: A notification of claimed copyright infringement ("DMCA Notification") must be addressed to Rock My World's Agent and must include the following:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringed is located on the Rock My World Platforms (please be as detailed as possible and provide a URL if possible, to help Rock My World locate the material you are reporting);
Contact information for the complaining party, including your complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
And a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Counter Notification: The user who uploaded the material that is the subject of a DMCA Notification may file a counter notification. Counter-notifications should be sent to Rock My World's Agent and must include the following:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once Rock My World receives a counter notification, Rock My World will forward it to the party who submitted the original claim of infringement. Please understand that your personal information will be included. You consent to having your information forwarded in this way by submitting a counter notification. After Rock My World sends the counter notification, the original claimant must notify Rock My World within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Rock My World Platforms. If Rock My World receives such notification Rock My World will be unable to restore the material. If Rock My World does not receive such notification, Rock My World may reinstate the material in its sole discretion.
Disclaimer of Warranties
YOUR USE OF, OR INABILITY TO USE, THE ROCK MY WORLD PLATFORMS IS AT YOUR SOLE RISK. THE ROCK MY WORLD PLATFORMS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS.
ROCK MY WORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE ROCK MY WORLD PLATFORMS AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION ROCK MY WORLD MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO AND ASSUMES NO LIBILITY FOR (1) ERROR, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ROCK MY WORLD PLATFORMS; (3) ANY UNAUTHORIZED ACCESS TO ITS USE OF ITS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANICAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ROCK MY WORLD PLATFORMS; (5) ANY BUGS, VIRUSES, TORJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO IT THROUGH THE ROCK MY WORLD PLATFORMS BY ANY THIRD PARTY; (6) ANY ERROR OR OMISSION IN ANY CONTENT OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVALIABLE VIA THE ROCK MY WORLD PLATFORMS. ROCK MY WORLD IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF THE THIRD-PARTY MATERIAL, INCLUDING USER SUBMISSIONS AND ADVERTISING, FOR ANY REASON WHATSOEVER. YOU AGREE THAT ROCK MY WORLD WILL NOT BE LIABLE FOR YOUR RELIANCE ON, ACCESS TO, USE OF, OR DOWNLOADING OF MATERIAL AVAILABLE FROM, BY, OR THROUGH A THIRD PARTY.
Limitation of Liability
IN NO CASE SHALL ROCK MY WORLD, ITS PARENT ENTITY, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, CONTRACTORS, LICENSEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL; DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROCK MY WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; ANY ERRORS OR OMISSIONS IN ANY CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO THE SERVICE, ROCK MY WORLD, AND CONTENT. ROCK MY WORLD SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ROCK MY WORLD PLATFORMS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ROCK MY WORLD HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. IN NO EVENT WILL THE AGGREGATE OF EACH OF ROCK MY WORLD, ITS PARENT ENTITY, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS' LIABILITY FOR ANY AND ALL OF YOUR CLAIMS, OR ANY THIRD PARTY CLAIMS, AGAINST ROCK MY WORLD, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE PURSUANT TO THESE TERMS OF USE OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF ROCK MY WORLD, OR YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE, EXCEED THE PRICE PAID BY YOU TO ROCK MY WORLD FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS
Indemnity and Waiver
You agree to indemnify and hold Rock My World, its parent entity, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensees, and licensors harmless with respect to any claims, costs, demands, liabilities, judgments, settlements, and expenses (including attorneys' fees) arising out of your breach of these Terms of Use, your use of the Rock My World Platforms, your violation of any third party right, including without limitation any copyright, property, or privacy right, any claim that your User Submissions caused damage to a third party, or any action taken by Rock My World as part of its investigation of a suspected violation of these terms of use or as a result of its finding or decision that a violation of these terms of use has occurred. This means that you cannot sue or recover any damages from Rock My World, its parent entity, directors, officers, employees, affiliates, subsidiaries, agents, contractors, licensees, and licensors as a result of its decision or indecision to remove any information or content, to warn you, to suspend or terminate your access to the service, to take any action, or the failure to take any action, including but not limited to during the investigation of a suspected violation or as a result of Rock My World's conclusion that a violation of these terms of use has occurred.
Miscellaneous
Sole Remedy: Your sole remedy as a result of any breach or alleged breach of the Terms of Use is limited to your ability to cancel any agreement you entered into with Rock My World. By entering these Terms of Use, you waive any and all claims you may have against Rock My World, its officers, directors, employees, contracts, agents, suppliers, and programmers, which currently exist or accrue anytime hereafter.
Dispute Resolution: You agree to provide Rock My World with written notice of any dispute, claim, or controversy, of any sort or nature, arising out of the use of Rock My World or the Rock My World Platforms, within 30 days after any such claim, dispute, or controversy arises. You must provide written notice via certified mail, return receipt requested, to:
Rock My World, Inc.
4240 Kearny Mesa Rd., STE 120 #1007
San Diego, CA 92111
Any failure to strictly follow the procedures delineated in this section shall constitute an unconditional waiver of any dispute, claims, or controversy that may exist or you may have against Rock My World, its affiliates, subsidiaries, parent entity, licensors, licensees, officers, directors, employees, contracts, agents, suppliers, and programmers. You agree to pay Rock My World's reasonable attorneys' fees for defending a lawsuit in which the dispute resolution procedure, as defined in this paragraph, has not been strictly followed.
Disputes with Other Users: If there is a dispute between persons who are users of Rock My World Platforms, or between a Rock My World Platform user and any third party, you understand and agree that Rock My World are under no obligation to become involved in any respect. In the event that you have a dispute with one or more other Rock My World Platform users, you release Rock My World and, its officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Rock My World Platforms.
Arbitration: Any and all questions, differences, controversies, claims, or disputes arising out of or in connection with the Rock My World Platforms or these Terms of Use shall be finally settled in accordance with the rules then enforced of the CPR Institute Rules for Non-Administered Arbitration of Business Disputes (the "CPR Rules") by three (3) independent and impartial arbitrators. Any judgment upon any award rendered by the arbitrators may be entered in any state or federal court located in San Diego County, California. The party desiring arbitration shall so notify the other party, in writing, in accordance with the aforesaid rules and such notice shall be accompanied by the name of the arbitrator selected by the party serving such notice. A second arbitrator shall be chosen by the other party, and the third arbitrator, who shall serve as the chair of the arbitration panel, shall be appointed in accordance with the CPR Rules. If a party fails to select an arbitrator and to advise the other party of its selection, in writing, within seven (7) days after receipt by such party of the written notice of intent to arbitrate, the second arbitrator will be selected in accordance with the CPR Rules. All arbitration proceedings and hearings shall be held in San Diego, California in the United States. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of California in the United States., without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonably attorney's fees.
Controlling Law: The Rock My World Platforms are operated by Rock My World from its offices in San Diego, California in the United States. The validity, construction, and performance of these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without reference to choice of law principles. Access to the Rock My World Platforms from territories where access to or use thereof illegal is strictly prohibited. Rock My World makes no representation that the Rock My World Platforms are appropriate or available outside of the United States. Those who access or use the Rock My World Platforms from other jurisdictions do so at their own volition and are responsible for compliance with local law. You expressly agree that exclusive jurisdiction for any claim or dispute with Rock My World, the Terms of Use, or relating in any way to your use of the Rock My World Platforms resides in the federal and state courts located in San Diego County, California. You agree to and consent to jurisdiction and venue in the Superior Court of San Diego County. You agree to waive any defense pertaining to jurisdiction and venue. In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.
General: These Terms of Use constitute the entire agreement between you and Rock My World with respect to your use of the Rock My World Platforms, and replaces and supersedes all other agreements or understandings between you and Rock My World. Failure by Rock My World to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rock My World without restriction. If any provision of these Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms of Use shall nevertheless remain in full force and effect.
Last updated: November 2023
