Effective as of March 12, 2013
1. INTRODUCTION AND ACCEPTANCE
2. INTELLECTUAL PROPERTY
Except as otherwise indicated, this Website and its entire contents, (collectively, the "Service Contents"), including, but not limited to, the Music Files, text, information, material, music files, artwork, video content, software and graphics contained on this web site, are owned by or licensed to Hard Rock and its affiliates. The Service Contents are protected by copyright, trademark and other intellectual property laws and treaties. Hard Rock makes no proprietary claim to any third party copyrights, names, trademarks or service marks appearing on this Website. Any third party copyrights, names, trademarks, or service marks are the properties of their respective owners. Except as provided in the next sentence, the Service Contents may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Hard Rock's prior written permission. Hard Rock reserves the right to change, update, discontinue, restrict or prevent access to this Website or the Service Contents at any time without notice.
3. ACCESS AND USE
(A) We may offer certain portions of our Services at no charge (e.g., Website) or for a one-time fee, on a subscription basis, upon payment for a hotel stay at one of our participating Hard Rock Hotels (e.g., Music Files) or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. Unauthorized use of any aspect, element or feature of the Services or Service Content may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, upload to the Internet, rent or lend, modify, create derivative works from, sell, offer for sale, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Music Files or any other aspect of the Services or Service Content. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Music Files.
You may play, transfer, backup, store and burn Music Files as much as reasonably necessary for personal, non-commercial use on an unlimited number of personal computers or portable devices. You may download one (1) copy of the Music Files on a single computer only for your personal, non-commercial, internal use. These Music Files are provided for your own personal entertainment use and not for redistribution of any kind. Any other copying is expressly prohibited. The delivery of any Music Files does not transfer to you any commercial or promotional use rights in such Music Files.
4. USER ELIGIBILITY, INFORMATION AND PROMOTIONAL MESSAGES
5. SERVICE CONTENT AND THIRD PARTY LINKS
(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) This Website contains links to third party sites. These links are provided for convenience purposes and are not under our control. Hard Rock does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by Hard Rock or this Website with respect to any third party, any third party's website, the content of any third party's website, or any products or services provided by a third party.
6. LIMITATION ON LIABILITY
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE HARD ROCK PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (6) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED. WITHOUT PRIOR NOTICE, HARD ROCK MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES (INCLUDING ANY SERVICE CONTENT) OR YOUR USE THEREOF. WHENEVER HARD ROCK ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY OR ALL OF THE SERVICES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may remove or disable access to material on our Website that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
Hard Rock Cafe International (USA), Inc.
6100 Old Park Lane
Orlando, Florida 32835
Attn: General Counsel
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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 us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have 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.
(vi) 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.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA.
11. CHOICE OF LAW; JURISDICTION AND VENUE
12. AMENDMENT; ADDITIONAL TERMS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.