OUR ROCK®, INC. may be referred to herein as “OUR ROCK”, “WE” OR “US”, whether in uppercase, lowercase, or a combination.
Whether You are accessing or have accessed any of OUR ROCK’s sites, services, offerings, Content, products, or applications, by way of the internet web sites located at the urls www.ourrockproject.org, or by way of a mobile device, smartphone, tablet, reader, application or app, software, tangible content medium (including a dvd or flash drive), Facebook, Twitter, a video service (such as YouTube or Vimeo) (none of which OUR ROCK is affiliated with), or any other device or method now known or developed in the future (individually and collectively, “the,” “any,” or “a” “OUR ROCK Platform”) the terms and conditions set forth below and in the frequently asked questions (“FAQs”) where such FAQs specifically indicate they are integrated into this, the, or these Terms Of Service / End User License Agreement (collectively, “Terms”) govern Your viewing, entering, or using any OUR ROCK Platform, and any of the offerings, Content, products, and services of OUR ROCK, including Your subscription to and use of OUR ROCK, and the downloadable / installable OUR ROCK Software App. These Terms are a legal contract between OUR ROCK and You, an individual user of at least 18 years of age, or if You are using or subscribing to OUR ROCK on behalf of any minor child (those under the age of 18 years old) then You represent and warrant that You are the parent or legal guardian of that minor child with the authority to act on that minor child’s behalf, and agree to be bound by the Terms on behalf of such Minor Child, and yourself (“You,” “user,” or, collectively, “users,” whether in uppercase, lowercase, or a combination).
If You are under the age of 18 Your parent or legal guardian must enter into this agreement on Your behalf. If You are under the age of 18 You affirm that by Your continued or future use of any OUR ROCK Platform or any of the offerings, Content, products, and services of OUR ROCK, Your parent or legal guardian has first agreed to the Terms, including as amended, on Your behalf.
IF YOU DO NOT AGREE TO OR WITH ANY AND EACH AND EVERY OF THE TERMS IN THESE TERMS, EXIT OR CLOSE THE OUR ROCK PLATFORM IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE ANY OUR ROCK PLATFORM, OFFERINGS, CONTENT, PRODUCTS, SERVICES, OR ANY INFORMATION CONTAINED ON OR THROUGH ANY OUR ROCK PLATFORM. YOUR USE OF ANY OUR ROCK PLATFORM, OFFERINGS, CONTENT, PRODUCTS, SERVICES, OR ANY INFORMATION CONTAINED ON OR THROUGH ANY OUR ROCK PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE AND BE BOUND BY EACH OF THE TERMS SET FORTH HEREIN. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE TERMS (AND CONDITIONS).
The OUR ROCK Platform, offerings, Content, products, and services of OUR ROCK are not available to any Users (including subscribers, or members, as may be applicable) previously suspended or removed from any OUR ROCK Platform by OUR ROCK. By downloading, installing, accessing, or otherwise using any OUR ROCK Platform, offerings, Content, products, or services, You represent that You have not been previously suspended or removed from any OUR ROCK Platform.The Content on or from any OUR ROCK Platform may not be resold or relicensed.
- MODIFICATION OF TERMS
Because of the rapidly evolving nature of the internet, computers, mobile technologies, and other technologies, in our attempts to make our user experience better, and for other aesthetic and business reasons, OUR ROCK may change, update, and modify the Terms from time to time. OUR ROCK will post its updated Terms at www.ourrockproject.org so You may always be aware of what has changed. If any modification is unacceptable to You, You shall cease using the OUR ROCK Platform, Content, and services right away. If You do not cease using the OUR ROCK Platform, Content, and services, You will be conclusively deemed to have accepted the change(s). Except as stated elsewhere, all amended Terms shall automatically be effective as soon as they are initially posted and/or sent to registered Users, except if OUR ROCK states that it is giving advance notice of any amended term to be effective on a date in the future. Please check these Terms and any guidelines periodically for changes. Except as posted by OUR ROCK to the www.ourrockproject.org or other aspects of any OUR ROCK Platform, this Agreement may not be otherwise amended, and no terms may be waived by OUR ROCK, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of OUR ROCK. For purposes of this provision, a “writing” does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.
OUR ROCK may provide You with notices, including those regarding changes to the OUR ROCK Terms, by email, regular mail, or postings on, or through any OUR ROCK Platform. Notice will be deemed given twenty four hours after email is sent, unless OUR ROCK is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on or through any OUR ROCK Platform is deemed given upon the initial posting, even if there is also notice given in any other way. OUR ROCK is not obligated to provide notice of amendment to the Terms: the making available or posting of the Terms on www.ourrockproject.org without more is deemed and agreed to be sufficient notice of amendment(s).When You visit www.ourrockproject.org or send Us emails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email, the OUR ROCK messaging system, or by posting notices on www.ourrockproject.org. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in Your OUR ROCK account profile, Your current and active email address.
- OUR ROCK LICENSE GRANT
OUR ROCK provides or makes available Content and services through the OUR ROCK Platforms. Certain videos information, documents, works, products, offerings, and services provided on and through a OUR ROCK Platform, including content, logos, graphics, and images (together, the “Materials”) and User Content (as defined below) are provided to You by or by way of OUR ROCK (including as an interactive computer service or online service provider) or a OUR ROCK Platform and are the copyrighted work or works and/or trademarks of OUR ROCK or OUR ROCK’s assignees, licensors, or contributors, that is, any person or entity that makes Materials available on or by way of OUR ROCK or any OUR ROCK Platform, either publicly or privately. (Materials, User Content, and Third Party Content [as defined below], may be referred to individually and collectively as “Content.” Hereinafter the use of the term “Content” shall be deemed to exclude trademarks from its definition.Other than as specifically set forth in the Terms (or a separate written agreement), OUR ROCK does not grant any license or right to use, reproduce, or display any trademark, except You may display the OUR ROCK trademark on Your website, unaltered, in the embeddable OUR ROCK viewer when You use the embeddable OUR ROCK viewer.As set forth herein, and conditional upon Your agreement to the Terms, OUR ROCK grants You a limited, personal, nonexclusive, and nontransferable license to use and to display the Content and to access and use the OUR ROCK Platform and the services of the OUR ROCK Platform solely for Your own personal or educational use.
You may not reverse engineer any aspect of any OUR ROCK Platform.
This limited license terminates automatically, without notice to You, if You breach any term, condition, covenant, agreement, warranty, or representation of the Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Content and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title, or interest in or to any OUR ROCK Platform or Content.
4.2 License Grant to Download and Use Content
Subject to Your compliance with the terms and conditions set out in the Terms, OUR ROCK hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view viewable Content, and in some instances download Content through a OUR ROCK Platform subject to the license under which such User Content and Materials are made available and distributed.
If You are not a OUR ROCK subscriber, You may only be able to view certain Content on OUR ROCK, but may not be able to download or print the same. If You are a OUR ROCK Subscriber so long as You are in good standing, and all the information You have provided is and remains true, accurate, and complete, then subject to Your compliance with the terms and conditions set out in these Terms, OUR ROCK hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view, and in many instances download, save, print, and use, Content solely through a OUR ROCK Platform subject to the license under which such Content is distributed or made available. The license granted to You is for Your exclusive personal and/or educational use only for Your Minor Child, or educational organization. Any distribution, resale, or re-licensing of any aspect of any Content to third parties for any reason is strictly prohibited. If the terms of any license have changed by becoming more restrictive You must comply with the more restrictive terms, including in relation to any Content licensed earlier. Please note all terms in the Terms regarding what may and what may not be done with various Content. Content, and all aspects of it, on, through, or from OUR ROCK and a OUR ROCK Platform, may not be resold, redistributed, relicensed, reproduced, or made available on any site, web-page, blog, or other method, except where Content is available in an embeddable OUR ROCK viewer and there is no prohibition associated with embedding such document on Your web-page. Notwithstanding the foregoing, OUR ROCK may limit the Content within any given time period.
4.3 License Grant to Upload
YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY.
Subject to Your compliance with the terms and conditions set out in these Terms, OUR ROCK hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the OUR ROCK Platform for the uploading, submitting, posting, distributing, or otherwise making available of authorized digital content, including video, web streaming, electronic documents, information, messages, comments, or other content or material (“User Content”).
User Content uploaded by You is at Your own risk. Notwithstanding any obligations hereunder of OUR ROCK to protect User Content with these Terms or security measures, OUR ROCK cannot and does not guarantee that there will be no unauthorized copying, distribution, or deletion of User Content nor will OUR ROCK be liable for any copying or usage of the User Content not authorized by OUR ROCK or You.
4.4 Reservation of Rights
OUR ROCK reserves all rights not expressly granted in these Terms.
4.5 Prevention of Unauthorized Use
OUR ROCK reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Content and any OUR ROCK Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. OUR ROCK reserves the right to monitor Your use of any OUR ROCK Platform to ensure compliance with this Agreement. If OUR ROCK, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Agreement, OUR ROCK reserves the right to take such action deemed necessary to resolve this issue.
- USER CONTENT LICENSE GRANT; REPRESENTATIONS AND WARRANTIES
5.1 Retention of Ownership
You retain all of Your ownership rights in User Content owned by You, unless You choose to give up any ownership right.
5.2 License Grant to OUR ROCK
Unless otherwise agreed to in a separate written agreement between You and OUR ROCK signed by an authorized representative of OUR ROCK by pen on paper:
By uploading, making available for upload, distributing, or disseminating User Content through the Site, You hereby grant to OUR ROCK a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise use and sell or license Your User Content, in any media format and through any media channel or OUR ROCK Platform, in order to make available, display, perform, reproduce, distribute, publish, and promote such User Content in connection with the OUR ROCK Platforms and services offered or to be offered by OUR ROCK, including by allowing Your User Content to be embedded on the websites of Users by using the OUR ROCK embeddable viewer. OUR ROCK may put restrictions on any of Your User Content and restrict access and ability to view, or download by other Users. You are reminded that You agree not to upload Videos (User Content) that violate the Terms, including User Content that might infringe upon the copyrights or other rights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.
Subject to section 5.3, the license granted by You may terminate as to a specific piece of User Content once You remove or delete such User Content from any OUR ROCK Platform if You write us at with the following in the subject line: “Request to Terminate User Content License” requesting such termination. If, however, OUR ROCK accepts such requested termination, OUR ROCK may maintain one or more copies of all User Content for its records and any other legal purpose.
By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management (“DRM”) tools, including any software designed to limit the number of times User Content may be made available, displayed, performed, distributed, copied, or played. OUR ROCK may utilize DRM tools in connection with Content, including Your User Content.
5.3 License Grant to Other OUR ROCK Users.
By uploading, making available for upload, distributing, or disseminating User Content to or through any OUR ROCK Platform, You hereby grant to each User that is authorized to access Your User Content, a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, print, reproduce, and store such User Content in the manner contemplated by the Terms and every OUR ROCK Platform, as well as to embed Your User Content on the websites of Users by using the OUR ROCK embeddable viewer. Further, unless You clearly state otherwise, You grant a license to Users to modify, edit, reproduce, alter, and use Your User Content or Materials for personal use or for educational use. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from every OUR ROCK Platform provided, however, that User rights to Your User Content arising out of distributions occurring on or prior to deletion of such User Content from any OUR ROCK Platform survive any termination or expiration of the license You have granted. In other words, for example, once another User has downloaded or printed Your User Content, no one can technologically stop that User from possessing, displaying, or otherwise using Your User Content, though OUR ROCK may attempt to contractually limit or terminate usage, including by these Terms. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and OUR ROCK has no obligation to prevent, limit, or take any other measures to affect that availability.
5.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing it. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize OUR ROCK’s Users to use Your User Content as necessary to exercise the licenses granted by You in this agreement and in the manner contemplated by OUR ROCK and these Terms;
Your User Content does not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY;
Your User Content does not contain or link to any cookies, viruses, adware, spyware, worms, trojans, or other malicious code; and,
Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business.
Violators of third party rights may be subject to criminal and/or civil liability. OUR ROCK reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account(s) and access to any and every OUR ROCK Platform and service.
5.5 Content Disclaimer
You understand and agree that when using a OUR ROCK Platform You will be exposed to Content from a variety of sources, and that OUR ROCK is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to 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 OUR ROCK with respect thereto. OUR ROCK does not endorse any Content or any opinion, recommendation, or advice expressed therein, and OUR ROCK expressly disclaims any and all liability in connection with Content. If notified by a User or a content owner of Content that allegedly does not conform to these Terms, OUR ROCK may investigate the allegation and determine, in its sole and unfettered discretion, whether to remove the Content, which it reserves the right to do at any time and without notice. For further clarity, OUR ROCK does not permit copyright infringing activities on any OUR ROCK Platform.
You understand and agree that all aspects of Content, Services, or other information provided by or through OUR ROCK or any OUR ROCK Platform are for informational purposes only. Your use of any information, or any aspect of any Content or Services from or through OUR ROCK or any OUR ROCK Platform, regardless of the manner in which it is obtained, is entirely at Your own risk, for which OUR ROCK shall not be liable. It shall be Your own responsibility to ensure that any aspect of any Content, Service, or information available from or through OUR ROCK or any OUR ROCK Platform meets Your specific requirements. The Content or Services provided by OUR ROCK may be inappropriate for Your particular circumstances.. You have read and agree with and to the disclaimer located here.
OUR ROCK may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at OUR ROCK’s sole and unfettered discretion, OUR ROCK may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a OUR ROCK Platform or on the Internet, and may disclose information that it has has about You.
- PASSWORD RESTRICTED AREAS OF ANY OUR ROCK PLATFORM
You may register for a password to log in to any OUR ROCK Platform and to use certain functions and areas within any OUR ROCK Platform. As part of the registration process, You may be asked to select a username and password. OUR ROCK may refuse to grant You a username that OUR ROCK believes impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by OUR ROCK in its sole and unfettered discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify OUR ROCK if Your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify OUR ROCK of any unauthorized use of Your account or any other breach of security in relation to any OUR ROCK Platform known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of Your username, password, or any credit, debit, or charge card number, if applicable), then You agree to immediately change Your password and notify OUR ROCK. You may be liable for the claims against or losses incurred by OUR ROCK or others due to any unauthorized use of Your account.
- THIRD PARTY CONTENT
Certain information and other content that is not OUR ROCK Content or User Content, including Content available through OUR ROCK may be provided by third party licensors and suppliers to OUR ROCK (“Third Party Content”). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that Your ability or right to download, print, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter, or enhance any of the Third Party Content in any manner might be limited or otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Third Party Content, and in any event You may not resell, re-license, republish, distribute, or transmit any aspect of any Third Party Content unless You have permission from the owner or licensor of the Third Party Content. AS IS THE CASE WITH ALL CONTENT, YOU AGREE THAT OUR ROCK IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PROFANITY, OR ANYTHING ELSE, IN THE THIRD PARTY CONTENT, AND OUR ROCK DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- THIRD PARTY SITES / SERVICE PROVIDERS / VENDORS
9.1 Links to Third Party Sites
The OUR ROCK Platform and links within Content or communications from OUR ROCK may link to other sites or platforms that are not OUR ROCK sites or platforms (“Reference Sites”). OUR ROCK is providing these links to You only as a convenience, and OUR ROCK is not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that OUR ROCK assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of OUR ROCK and OUR ROCK does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
9.2 Third Party Service Providers / Vendors
If We mention or link to any third party service provider or vendor, You agree that We are not responsible for even the most trusted third party service providers / vendors; We encourage You to determine for Yourself whether any such third party service providers / vendors are right for You and Your particular needs. OUR ROCK is mentioning or providing links to third party service provider or vendors as a convenience, and even if OUR ROCK is remunerated in some fashion, OUR ROCK is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or content or links displayed on or provided by third party service providers or vendors. You agree that OUR ROCK assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of Your visiting any third party service provider or vendor Site or Your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, etc. of OUR ROCK and OUR ROCK does not endorse or affirmatively support anything on or linked from any third party service provider or vendor Site. Access and use of third party service provider or vendor sites, including the information, materials, products, and services on or available through third party service provider or vendor sites is solely at Your own risk.
- MORE ON USER CONTENT
You will only choose the license type that You have the right to choose. For example, if You did not originally author the document (Your User Content), but You came into possession of the User Content because it was another User Content document with a Creative Commons Attribution Share Alike license type You may not designate that document as being in the public domain. (According to Creative Commons, this license type lets others remix, tweak, and build upon a work even for commercial reasons, as long as they credit the original author and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on the original author’s work will carry the same license, so any derivatives will also allow commercial use.). Again, please note that by default, unless You change the designation, You may be designating Your User Content as public domain and it is likely that You may only do that if You are the sole and exclusive rights holder of the work (but You will check with Your own legal counsel about that).
You are responsible for creating and maintaining copies of any User Content or Content that You store on OUR ROCK, or through the OUR ROCK Platform. OUR ROCK is not responsible for creating or maintaining any such copies, and OUR ROCK may remove or permanently delete any User Content or other Content at any time and for any reason or no reason at all, and is not responsible for loss of User Content or other Content, including, without limitation, OUR ROCK’s negligent or intentional deletion of any User Content, Your membership account, or other Content.
You further agree that You will not upload to OUR ROCK’s servers, post, or otherwise make available on a OUR ROCK Platform any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner or rights holder of such copyright, trademark, trade secret, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content or Your other Content.
You represent and warrant that: (i) You own all User Content posted by You on or through a OUR ROCK Platform or otherwise have the right to grant the licenses to OUR ROCK and its Users set forth herein, and (ii) the posting of Your User Content on or through a OUR ROCK Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, trade secrets, or any other rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owing any person or entity by reason of any User Content posted by You to or through a OUR ROCK Platform.
When submitting User Content to or otherwise using the OUR ROCK Platform and/or the services, You also agree not to, without limitation, the following:
Use the OUR ROCK Platform for any purposes other than to disseminate or receive original or appropriately licensed Content and/or to access the OUR ROCK Platform as such services are offered by OUR ROCK;
Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein; Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues;
Incite or encourage illegal activity;
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post or upload anything that exploits children or minors or that depicts cruelty to animals;
Post any copyrighted or trademarked materials without the express permission from the owner;
Post or upload any other party’s trade secrets;
Post or upload matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security;
Post or upload outdated materials such as outdated sex offender registries;
Post or upload Court documents that have been sealed;
Post or upload a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information;
Post or upload any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
Post or upload any content that might be fraudulent, inaccurate or misleading;
Post or upload any content that might be competitive with OUR ROCK or any of its Platforms or Services;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, access OUR ROCK Platform accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via a OUR ROCK Platform, or perform any other similar fraudulent activity;
Use of the OUR ROCK Platform for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of the OUR ROCK Platform or Content, features that prevent or restrict use or copying of any content accessible through a OUR ROCK Platform, or features that enforce limitations on the use of a OUR ROCK Platform Site or Content;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of the OUR ROCK Platform or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate, or create derivative works based upon a OUR ROCK Platform or Content or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Interfere with or damage operation of the OUR ROCK Platform or any User’s enjoyment of the OUR ROCK Platform or Content, by any means, including uploading, linking to, or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Relay email from a third party’s mail servers without the permission of that third party;
Use any robot, spider, scraper, or other automated means to access the OUR ROCK Platform, except for accessing OUR ROCK RSS feeds;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the OUR ROCK Platform;
Interfere with or disrupt the OUR ROCK Platform or servers or networks connected to the OUR ROCK Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the OUR ROCK Platform;
Post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the OUR ROCK experience;
Engage in any activity or upload commercial content that generally detracts from the OUR ROCK experience;
Take any action that imposes an unreasonable or disproportionately large load on OUR ROCK’s infrastructure or any OUR ROCK Platform; and
Artificially inflate or alter the ratings available on the OUR ROCK Platform or alter any comments posted by others on a OUR ROCK Platform;
Create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers;
Link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms, or that You do not have a right to link to or include;
This list of prohibitions provides examples and is not complete or exclusive. OUR ROCK reserves the right to (a) terminate Your access to Your account or Your ability to access, post, or upload to a OUR ROCK Platform (or the services) and (b) refuse, delete, or remove any Content, with or without cause and with or without notice, for any reason or no reason, or for any action that OUR ROCK determines in its sole and unfettered discretion is inappropriate or disruptive to the OUR ROCK Platform or to any other User of the OUR ROCK Platform and/or services. OUR ROCK may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at OUR ROCK’s sole and unfettered discretion, OUR ROCK may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a OUR ROCK Platform or on the Internet. Such termination or suspension may continue so long as OUR ROCK suspects the violation in question and OUR ROCK will have no liability to You for such termination or suspension.
These prohibitions do not require OUR ROCK to monitor, police, or remove any User Content or other information submitted by You or any other User, or monitor, police, or report any User activity.
- UNAUTHORIZED ACTIVITIES
User Content and unauthorized use of any OUR ROCK Platform, Services, or Content contained on or available through the OUR ROCK Platform may impermissibly violate certain laws and regulations. You agree to indemnify, defend, and hold harmless OUR ROCK and its officers, directors, employees, affiliates, agents, attorneys, licensors, and business partners from and against any and all claims, costs, damages, liabilities, and expenses (including attorneys’ fees and costs) OUR ROCK or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding any claim, action, or demand from a third party that Your use of a OUR ROCK Platform, Service, Content, or the uploading of Your User Content (or what You represent is Your User Content), or the use of the OUR ROCK Platform, Service, or Content, or the uploading of User Content by any person using Your user name and/or password (including, without limitation, Your participation in the posting areas or Your User Content) violates any applicable law or regulation, including the copyrights, trademark rights, or other rights of any third party.
- PROPRIETARY RIGHTS
OUR ROCK is a pending registered trademark of OUR ROCK. Other trademarks, names, and logos on the OUR ROCK Platform or Content are the property of their respective owners. The trademarks, logos, and service marks displayed on the OUR ROCK Platform or Content (collectively the “Trademarks”) are the registered and unregistered trademarks of OUR ROCK, its licensors, suppliers, and others. The Trademarks owned by OUR ROCK, whether registered or unregistered, may not be used in connection with any product or service that is not OUR ROCK’s in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages OUR ROCK or blurs, tarnishes, or dilutes the Trademarks or OUR ROCK. Nothing contained on the OUR ROCK Platform, Service, Content, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of OUR ROCK, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and OUR ROCK may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Unless otherwise specified in these Terms, all information and screens appearing on the OUR ROCK Platform, including documents, services, OUR ROCK Platform design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of OUR ROCK. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
- COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION
OUR ROCK respects the intellectual property rights of others, and we require You to do the same. OUR ROCK may, in appropriate circumstances, and at our sole and unfettered discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement please comply with the requirements of the Digital Millennium Copyright Act and complete the information / form available here.
If You believe that Your work is the subject of trademark infringement and appears on our Site, please provide OUR ROCK’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site, including specific information (not general information, or a “search”) where such works are to be located.
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 at any OUR ROCK Platform, and information reasonably sufficient to permit OUR ROCK to locate the material.
Information reasonably sufficient to permit OUR ROCK to contact You as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OUR ROCK reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement, and to require that You support Your claims of actionable trademark infringement.
OUR ROCK’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
OUR ROCK, INC.
Siegelaub, Rosenberg, Golding & Feller, P.A.
2801 North University Drive, Suite 301
Coral Springs, FL 33065
By e-mail: Glenn@siegelaub.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. OUR ROCK reserves the right to remove User Content without notifying You if You posted User Content, and without providing You with an opportunity to submit a counter-notification, and You waive any rights or claims that You might have against OUR ROCK for removing Your User Content, including without notifying You of OUR ROCK’s receipt of a DMCA takedown notice or providing You with an opportunity to submit a counter-notification or complying with the counter-notification procedure set out in the DMCA.
We reserve the right to supply Your communications and DMCA copyright infringement notification to those who are conducting or might conduct research, or publish it on any OUR ROCK Platform for inclusion in studies and legal scholarship.
- LIMITATION OF LIABILITY AND DAMAGES
14.1 Limitation of Liability
OUR ROCK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY OUR ROCK PLATFORM, SERVICES, CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, YOUR DISPLAYING, COPYING, DOWNLOADING, OR USING, ANY CONTENT, INCLUDING FROM OR THROUGH ANY OUR ROCK PLATFORM. OUR ROCK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY OUR ROCK PLATFORM, CONTENT, OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY OUR ROCK PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY OUR ROCK PLATFORM, CONTENT, OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. OUR ROCK MAY INTERRUPT ANY OUR ROCK PLATFORM OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL OUR ROCK BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF OUR ROCK KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN OUR ROCK AND RECEIVED THROUGH OR ADVERTISED ON ANY OUR ROCK PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR OUR ROCK THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
14.2 Limitation of Damages
IN NO EVENT WILL OUR ROCK OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY OUR ROCK PLATFORM, SERVICE, CONTENT, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OUR ROCK PLATFORM, SERVICES, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.
- LOCAL LAWS; EXPORT CONTROL
OUR ROCK controls and operates each OUR ROCK Platform from its headquarters in the State of Florida in the United States of America and a OUR ROCK Platform, Service, or Content may not be appropriate or available for use in other locations. Although OUR ROCK does not direct its activities to users outside of the United States of America, if You use any OUR ROCK Platform outside the United States of America, You are responsible for following applicable local laws.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under the Terms are contingent on Your compliance with this and all other provisions.
OUR ROCK may, in its sole and unfettered discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to any OUR ROCK Platform, Service, or Content without notice. OUR ROCK prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by OUR ROCK in its sole and unfettered discretion, may result in immediate termination of Your access to any OUR ROCK Platform, Service or Content. If OUR ROCK terminates Your access to any OUR ROCK Platform, Service, or Content, OUR ROCK may delete Your user profile(s) but will not be obligated to, and may delete any Content that You have provided in connection with any OUR ROCK Platform. OUR ROCK has the right to terminate any password-restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse any of the OUR ROCK policies, guidelines, or systems. IF YOUR ACCOUNT HAS BEEN SUSPENDED OR TERMINATED AND YOU DO OPEN A NEW ACCOUNT YOU WILL BE LIABLE TO OUR ROCK FOR DAMAGES OR, AT OUR ROCK’S OPTION, LIQUIDATED DAMAGES IN AN AMOUNT OF $500.00. Such termination may continue so long as OUR ROCK suspects the violation in question, and OUR ROCK will have no liability to You for such suspension, including, without limitation, liability to refund any fees paid for any Content, documents, features, or subscriptions. You agree that OUR ROCK will not be liable to You or any third party for any such termination.
- INDEMNIFICATION & RELEASE
You agree to indemnify, defend, save, and hold harmless OUR ROCK, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any OUR ROCK Platform, Service, Content, any violation by You of any term of these Terms, or any breach of the representations, warranties, promises, or covenants made by You herein. OUR ROCK reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless OUR ROCK, and You agree to cooperate with OUR ROCK’s defense of these claims. OUR ROCK will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Users are responsible for their acts and omissions and content placed on any OUR ROCK Platform. In the event that You have a dispute with or claim against one or more Users, You release OUR ROCK (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
18.1 Governing Law and Jurisdiction
- Florida law and controlling U.S. federal law, without regard to the choice or conflict of law provisions, will govern the Terms. Any disputes relating to the Terms or any OUR ROCK Platform, Service, Content, or Reference Site, will be heard in the courts located in Broward County, Florida. If any term or provision of the Terms is found to be inconsistent with applicable law, then such term or provision shall be interpreted and modified to reflect the intentions of the parties, and no other terms will be modified.
- OUR ROCK’s failure to enforce any term or provision of the Terms is not a waiver of such term. The Terms are the entire agreement between You and OUR ROCK and supersede all prior or contemporaneous negotiations, discussions, or agreements between You and OUR ROCK about the subjects of the Terms, including each OUR ROCK Platform, Service, and Content.
- Upon expiration or termination of the Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination or expiration of these Terms.
If any provision of the Terms and related Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by OUR ROCK without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement
This is the entire agreement between You and OUR ROCK relating to the subject matter herein and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by OUR ROCK as set forth above.
18.8 Time Limitations on Bringing Claims
YOU AND OUR ROCK AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY OUR ROCK PLATFORM, SERVICE, OR CONTENT, EXCEPT FOR OUR ROCK’S RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18.9 Class Actions
You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.
18.10 Advertisements in documents
Neither advertisements in or among documents, Content, the OUR ROCK Platform, nor their placement are intended to suggest the author or member who posted said Content, or any entity or person mentioned in the Content, is in any way associated with, endorses, or approves the advertisement or advertiser. The advertisement was inserted between document pages automatically.