Rock Band Entertainment Terms and Conditions

1. DESCRIPTION OF SERVICES
RockBandEnt.com offers streaming video content and related editorial and interactive material of and related to musical performances. Content (as defined below) may include, but is not limited to: behind-the-scenes rehearsals video, artist interviews, lessons from the legends, user polls, news and information, artist biographies and musical performances. As RockBandEnt.com offers a candid look inside the creative process, please be aware that some material may contain explicit content. If you are under the age of 18, please leave this site immediately. You understand that when viewing the Site, you may be exposed to Content from a variety of sources, and that Rock Band Entertainment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or related to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rock Band Entertainment or any third party with respect thereto, and agree to indemnify and hold Rock Band Entertainment and all third parties harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

By purchasing any Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of the operator of the Website on behalf of RockBandEnt.com.

2. OWNERSHIP AND USE RESTRICTIONS
RockBandEnt.com is operated by Rock Band Entertainment. Rock Band Entertainment, and its and their respective operators, artists, members, managers, teams, affiliates, employees, shareholders, directors, officers, successors and assigns shall be collectively referred to herein as the "Operators." The content and materials contained within the Site (including, without limitation, video, audio, photos, text, images, names, likenesses, logos, software, applications, graphics, and all copyrights and intellectual property related to the Site, Rock Band Entertainment and the Rock Band Entertainment sponsors, licensees and other affiliates) (collectively, the "Content") are either owned by, or licensed to, Rock Band Entertainment, or Rock Band Entertainment has the right to use such Content on its Site. Content also includes the “look and feel” of the Site (including its design, layout, color combinations, button shapes and other graphical elements) which are protected by Rock Bank Entertainment’s services marks, trademarks and copyrights. The Content from the Site may not be reproduced, republished, downloaded, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the prior express written permission of Rock Band Entertainment. The Operators maintain the Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. The Site is provided for your private, non-commercial use, and you may not, however, distribute, reproduce, republish, display, capture streaming files, download, upload, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other website or otherwise without the prior express written permission of Rock Band Entertainment. Modification of any materials displayed on the Site in any manner is a violation of the Operators' rights and/or copyright and other proprietary rights. In addition, you may not “stalk” or otherwise harass another viewer of the Site or any third party providers of Content; you may not use any device, software or routine, including but not limited to any viruses, spyware, malware, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Site or any transaction being conducted on the Site, or to surreptitiously intercept or expropriate any system, data or personal information from the Site; you may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

The trademarks, service marks, and logos of Rock Band Entertainment, Rock Band Entertainment special events and RockBandEnt.com (each a “Rock Band Entertainment Trademark” and, collectively, “Rock Band Entertainment Trademarks”) are the exclusive property of Rock Band Entertainment or the applicable entity. All other trademarks, service marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for you to use any Rock Band Entertainment Trademark and/or other Trademark displayed on the Site in any manner without the prior express written permission of its respective owner. Any use of any Rock Band Entertainment Trademark and/or other Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.

Rock Band Entertainment hereby grants you a limited, revocable, nonsublicensable license to display the Content solely for your personal use in connection with viewing the Site. Any rights not expressly granted herein are hereby reserved by Rock Band Entertainment.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site, if any (e.g. comments, email) for any commercial solicitation purposes.

You will otherwise comply with these Terms of Service, any community guidelines Rock Band Entertainment may publish, and all applicable local, national, and international laws and regulations.

Rock Band Entertainment does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Rock Band Entertainment reserves the right to remove Content without prior notice.

3. VOTES; CONTESTS; SWEEPSTAKES
The Site may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms and guidelines set forth on the Site applicable to that event as well as in these Terms of Service.

4. LINKS
The following restrictions ("Linkage Restrictions") apply to all links to the Site from any on-line, cable, wireless or other website, service or browser:

• A. On-line, cable, wireless or other websites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to Rock Band Entertainment.com without the prior written permission of Rock Band Entertainment, even if the page/area where the link originates does not promote a product, brand or service.
• B. The RockBandEnt.com logo, or any other logo of Rock Band Entertainment, may not be used as or to link to rehearals.com without the prior express written permission of Rock Band Entertainment.
• C. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.

5. DEALINGS WITH ADVERTISERS, THIRD PARTY SERVICE/PRODUCT PROVIDERS
Your correspondence or business dealings with advertisers and/or other third party service or product providers, or participation in promotions of, advertisers and/or other third party service or product providers found on or through the Site, including payment and delivery of related goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such advertiser and/or other third party service or product provider. You agree that the Operators shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and/or other third party service or product providers on the Site.

6. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operators use reasonable efforts to include accurate and up to date information and other Content in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the Content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions.

IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, AND WHETHER OR NOT ROCK BAND ENTERTAINMENT IS ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

The Site is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. A broadband Internet connection is required to view video content.

The Site may contain links and pointers to other World Wide WebInternet sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages, or their terms and conditions, or privacy policies, or practices of any other sites linked to the Site. . By clicking on any such link, you acknowledge that Rock Band Entertainment has no control over, and makes no representations of any kind with respect to, such other sites or any content, terms and conditions, privacy policies and/or practices contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites and expressly relieve Rock Band Entertainment from any and all liability arising from or related to your use of any third party site. Rock Band Entertainment does not warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this Site or any hyperlinked website or featured in any banner or other advertising, and Rock Band Entertainment will not be a party to or in any way be responsible for monitoring any transaction between you and a third party provider of products and/or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.

7. NOTICE
The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record, text message to a user's mobile telephone if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:

8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Rock Band Entertainment has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:

By mail:
Rock Band Entertainment
c/o The Canyon Club
28912 Roadside Drive
Agoura Hills, CA, 91301
Unites States
Attn: Copyright Agent

By phone:
(818) 735-0600

By e-mail:
copyright@RockBandEnt.com
This e-mail address is being protected from spambots. You need JavaScript enabled to view it To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) 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.

9. INDEMNIFICATION
You hereby agree to defend, indemnify and hold the Operators and each of their respective members, operators, directors, officers, employees, shareholders, agents, co-branders, licensors, affiliates and representatives (“Operator Released Partie”) harmless from all demands, claims, liabilities, obligations, costs or debt, losses, damages and expenses (including reasonable attorneys' fees and court costs whether or not litigation has commenced) arising out of or relating to: (i) your use of and access to the Site; (ii) any breach or alleged breach of these Terms of Service; (iii) your connection to the Site; and (iv) your violation of any third party right, including without limitation any copyright, property, and/or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Site. The applicable Operator Released Parties shall cooperate with you in the defense or settlement thereof at your expense; and allow you to control such defense or settlement, unless the applicable Operator Released Party(ies) believes in his, her and/or its sole discretion that he, she and/or it is not fully and properly defended or indemnified or unless such settlement or result will adversely affect Rock Band Entertainment’s operations. The Operator Released Parties shall be entitled to participate in such defense through his, her and/or its s own counsel at his, her and/or its own cost and expense.

10. TERMINATION OF SERVICE
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or Content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to itself or other customers, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use of the Site and destroy all materials obtained from it.

11. SOFTWARE
Software and other materials from the Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department\\'s list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.

12. CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the State of California, United States of America. Further, any disputes relating to these Terms of Service or Privacy Policy or anything contained on the Site will be governed by the laws of the State of California, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or Privacy Policy or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of Los Angeles, State of California, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.

13. MISCELLANEOUS
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Operators' failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as may be otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Rock Band Entertainment, located at 116 Saddlebow Road, Bell Canyon, CA, is the provider of the electronic commercial service on this Site. Members are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1–800–952–5210. ]

14. ACCEPTANCE OF TERMS OF USE
By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. Rock Band Entertainment may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto. You affirm that you are 18 years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Posted: September 9, 2008