These Terms of Service regulate the use of the services offered by Weirdo.Rocks(WeirdoRocks) at the Web Service www.weirdo.rocks. The aforementioned services and web site will be hereinafter referred to as the "Service". Please read these Terms of Service as well as the Privacy Policy carefully before using the Service. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of service and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy is incorporated by reference into these Terms of Service and these Terms of Service and the Privacy together are hereinafter referred to as this "Agreement".
THESE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY (SECTION 17), (2) YOUR AGREEMENT THAT WEIRDOROCKS HAS NO LIABILITY REGARDING THE SERVICE (SECTION 18), (3) YOUR CONSENT TO RELEASE WEIRDOROCKS FROM LIABILITY BASED ON CLAIMS BETWEEN USERS (SECTION 4) AND GENERALLY (SECTION 18), (4) YOUR AGREEMENT TO INDEMNIFY WEIRDOROCKS FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICE (SECTION 19), (5) YOUR CONSENT THAT EITHER PARTY HAS THE RIGHT TO COMPEL ARBITRATION (SECTION 20), AND (6) YOUR CONSENT THAT NO CLAIMS CAN BE ADJUDICATED ON A CLASS BASIS (SECTION 20).
Billing and Payment Policy WeirdoRocks has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by WeirdoRocks, in each case in WeirdoRocks's sole discretion. You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on WeirdoRocks's income).
Public Areas The Service may contain profiles, email systems, blogs, message board, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
* Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
* Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
* Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
* Conduct or forward surveys, contests, pyramid schemes, or chain letters.
* Impersonate another person or allow any other person or entity to use your identification to post or view comments. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
* Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
* Restrict or inhibit any other User from using and enjoying the Public Areas.
* Imply or state that any statements you make are endorsed by WeirdoRocks, without the prior written consent of WeirdoRocks.
* Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
* Hack or interfere with the Service, its servers or any connected networks.
* Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
* Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by WeirdoRocks.
* Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
* Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
* All submissions made to Public Areas will be public, and WeirdoRocks will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Account, Password, Security and Cell Phone Use You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or WeirdoRocks for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. WeirdoRocks has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact WeirdoRocks immediately. By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. WeirdoRocks will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by emailing
office [at] weirdo [dot] rocks Links to Other Web Sites Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by WeirdoRocks of those sites or their content. Such links are provided as an information service, for reference and convenience only. WeirdoRocks does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the WeirdoRocks Service as well as any advertisements displayed in connection therewith) does not mean that WeirdoRocks endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by WeirdoRocks's Terms of Service or Privacy Policy. You access such third-party websites at your own risk. WeirdoRocks expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold WeirdoRocks harmless from any liability that may result from the use of links that may appear on the Service. As part of the functionality of the Service, you may link your account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Service; or (ii) allowing WeirdoRocks to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to WeirdoRocks and/or grant WeirdoRocks access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating WeirdoRocks to pay any fees or making WeirdoRocks subject to any usage limitations imposed by such third party service providers. By granting WeirdoRocks access to any Third Party Accounts, you understand that (i) WeirdoRocks may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) WeirdoRocks may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or WeirdoRocks's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. WeirdoRocks makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and WeirdoRocks is not responsible for any SNS Content. You acknowledge and agree that WeirdoRocks may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service. At your request made via e-mail to
office [at] weirdo [dot] rocks,
WeirdoRocks will deactivate the connection between the Service and your Third Party Account and delete any information stored on WeirdoRocks's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
No Solicitation Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through WeirdoRocks without express written permission from WeirdoRocks. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of WeirdoRocks.
Your Information "Your Information" is defined as any information and materials you provide to WeirdoRocks or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content." You hereby represent and warrant to WeirdoRocks that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for WeirdoRocks or cause WeirdoRocks to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You agree that WeirdoRocks is not liable for any User Generated Content. You hereby grant WeirdoRocks a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service. This also includes the right to name you or companies you legally represent as references in any further public communication.
Termination and Suspension WeirdoRocks may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Without limitation, WeirdoRocks may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of T WeirdoRocks posted through the Service from time to time, or if WeirdoRocks otherwise finds that you have engaged in inappropriate and/or offensive behavior. If WeirdoRocks terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, WeirdoRocks reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read through the Service is owned by WeirdoRocks, excluding User Generated Content that WeirdoRocks has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. WeirdoRocks owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without WeirdoRocks's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of WeirdoRocks and, if applicable, the holder of the rights to the User Generated Content. The service marks and trademarks of WeirdoRocks, including without limitation WeirdoRocks and the WeirdoRocks logos are service marks owned by WeirdoRocks. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent WeirdoRocks respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to WeirdoRocks's Copyright Agent at: 530-B Harkle Road, Suite 100, Santa Fe, NM, 87505, USA or
office [at] weirdo [dot] rocks: A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow WeirdoRocks to locate the material, and explain why you think an infringement has taken place; A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Confidential Information You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of WeirdoRocks and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify WeirdoRocks in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to WeirdoRocks upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of WeirdoRocks's trade secrets, confidential and proprietary information and all other information and data of WeirdoRocks that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEIRDOROCKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. WEIRDOROCKS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WEIRDOROCKS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER WEIRDOROCKS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE. NEITHER WEIRDOROCKS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER WEIRDOROCKS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WEIRDOROCKS AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
No Liability YOU ACKNOWLEDGE AND AGREE THAT WEIRDOROCKS IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD WEIRDOROCKS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY WEIRDOROCKS OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL WEIRDOROCKS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WEIRDOROCKSDOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WEIRDOROCKS OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO WEIRDOROCKS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Indemnification You hereby agree to indemnify, defend, and hold harmless WeirdoRocks, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. WeirdoRocksreserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of WeirdoRocks. Dispute Resolution INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and WeirdoRocks agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to WeirdoRocks. WeirdoRocks's address for such notices is 530-B Harkle Road, Suite 100, Santa Fe, NM, 87505, USA. Attention: Legal. BINDING ARBITRATION. If you and WeirdoRocksare unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under The Arbitration Rules - Commercial and Foreign Investment Disputes of the European Court of Arbitration (CEA). For international arbitrations, depending on the area, contact the Registrars of Valencia or of Strasbourg at www.cour-europe-arbitrage.org/index.php, whereas for domestic disputes contact the respective National Chapter at www.cour-europe-arbitrage.org/content.php. Your arbitration fees and your share of arbitrator compensation will be governed by the CEA Rules (and, where appropriate, limited by the CEA Rules). If your claim for damages does not exceed $10,000, WeirdoRocks will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and WeirdoRocksmay litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Manhattan, New York with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and WeirdoRocks agree that any arbitration will be limited to the Dispute between WeirdoRocks and you individually. YOU ACKNOLWEDGE AND AGREE THAT YOU AND WeirdoRocksARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and WeirdoRocksotherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void. LOCATION OF ARBITRATION. Arbitration will take place in Vienna, Austria. You and WeirdoRocksagree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Austrian Federal Economic Chamber will have exclusive jurisdiction and you and WeirdoRocks agree to submit to the personal jurisdiction of the Austrian Federal Economic Chamber.
Governing Law You and WeirdoRocks agree that, other than as set forth under the subsection entitled "Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding" in Section 20 above, if any portion of Section 20 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 20 is found to be illegal or unenforceable, neither you nor WeirdoRockswill elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Vienna, Austria, and you and WeirdoRocksagree to submit to the personal jurisdiction of that court. Except as expressly provided otherwise, this Agreement will be governed by, and will be construed under, the Rules of Arbitration and Conciliation of VIAC (Vienna Rules), without regard to choice of law principles.
S
pecial Promotions WeirdoRocks may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of WeirdoRocks and can be activated, modified or removed at anytime by WeirdoRockswithout advance notification.
No Agency No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
General Provisions Failure by WeirdoRocks to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the Vienna rules, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and WeirdoRocks with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of WeirdoRocks, its successors and assigns.
Changes to this Agreement and the Service WeirdoRocks reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to WeirdoRocks. WeirdoRocks will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. WeirdoRocks may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. WeirdoRocks may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. BY USING THE SERVICE I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Updated on October 19th, 2020
