Acceptance of Terms
Thank you for visiting rocketrepublic.com, the website of The Media District, LLC, an Ohio limited liability company, dba Rocket Republic (the “Company”). In order to access the Company’s website and Content, you, the user, (“you” or “User”) must agree to these Terms and Conditions of Use (“TOU”). For future reference, you can find this TOU at rocketrepublic.com/terms-of-use.
When accessing and using the Company’s website and Content, you are subject to the TOU and any posted policies, guidelines, or rules, which are hereby incorporated by reference into the TOU. You further agree, except as otherwise expressly provided in the TOU, that there are no third-party beneficiaries to this agreement.
In order to access the website, you must be 18 or older, or be 13 or older and have your parent or guardian’s legal consent to the TOU. If you are 13 years or younger, please do not use the website for any purpose.
PLEASE READ THESE ENTIRE TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE, SINCE YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS.
The Website and Content
Company creates and hosts a collection of photographs (“Content”) which are available for download through the Company’s website. In addition to the Content, the website itself, and any features, services, or enhancements to the Company’s website are subject to the TOU.
Company is the sole copyright holder with regard to all Content. All Content is subject to the Creative Commons Zero license, a copy of which is available on the Creative Commons website at: http://creativecommons.org/publicdomain/zero/1.0 (the “License”). The License is coextensive with the Company’s rights. It does not guarantee you, and the Company does not guarantee you, any right in or to a trademark, third-party copyright, or other intellectual property right, or any right of privacy or publicity with respect to any model depicted in any Content. Use of the Content is at your own risk, and you are encouraged to exercise discretion and avoid any use of the Content which may infringe the rights of, defame, or embarrass any third party.
Irrespective of the terms of the License, the Content is intended for and made available to individuals and non-profit organizations for non-commercial use. You may not access the site or use the Content for any commercial use. You may not access the site or use the Content on behalf of any for-profit entity or organization.
Do not use the Content if you do not agree to abide by the License and the TOU. If you fail to abide by the License or TOU, the Company may discontinue your ability to use the website and Content, and pursue any available legal remedies against you.
As a user of the website you understand and agree that the website may feature advertisements. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that Company is not responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the service.
You understand that you are responsible for obtaining access to the website and Content and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
Unless explicitly stated otherwise, any new features that augment or enhance the website, including future additions of Content, are subject to the TOU.
Rules of Behavior
You are solely responsible for your own use of the Content. You agree to use the Content in a way that is legal and proper, and does not violate this TOU. You agree that you will not use the Content in any manner that infringes the rights of Company or any third party.
You must not use the Content for any illegal or unauthorized purpose. You must abide by all Federal, State, and local laws. If you are outside The United States you must comply with all local laws with respect to your online conduct.
You may not do any of the following, or access the website to do any of the following: (a) modify or delete any Content on the Company site; (b) transmit to the website any viruses, worms, defects, or any items or code of a destructive nature; (c) transmit to the website, or direct or allow access or distribution to the website, of any spider, robot, scraper, or other information-gathering computer program, mechanism, or routine, or their equivalent, for any purpose, whether or not otherwise permitted by the TOU or License; or (d) interfere with or disrupt the Company’s website, servers, or networks connected with the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website.
While Company appreciates the enthusiasm of its supporters in spreading Company Content, you may not sell unmodified Content on its own or as part of a compilation, whether claimed as your own or properly attributed. You may, however, use and distribute individual pieces of Content as provided in the License.
You cannot use the Company name or trademark, which you acknowledge to be valid and enforceable. And you will not expressly or by implication create the false or misleading impression that Company, or any model, brand, institution, or organization represented on the website or depicted in any Content, is associated with, or endorses, or is in any way connected with you, your business, or your use of the Content.
WHILE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT, AND THAT YOU ACCESS THE WEBSITE ENTIRELY AT YOUR OWN RISK, AND THAT COMPANY SHALL HAVE NO LIABILITY OF ANY KIND ARISING THEREFROM.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, COMPANY MAY TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY AND WITHOUT PRIOR NOTICE.
The website may provide links to other websites or resources. Company has no control over these sites and resources. You acknowledge that Company is not responsible for the consequences of following or using any such links or resources, and Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods, or services offered through these links or any failures or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
You agree to indemnify and hold Company, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, arising out of or relating to your breach of this TOU, your use of the Content, or your violation of the rights of another, including copyrights, trademarks, and rights or privacy and publicity.
Modification and Termination of the Service
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website and Content (or any part thereof) with or without notice. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the website or Content.
The Company may gather information about you and your use of the website through Google Analytics and similar software, for the purpose of evaluating website traffic and user behavior in order to improve the website, Content, and Company offerings.
Company Proprietary Rights
You acknowledge and agree that the website and any necessary software used in connection with the website (“Software”) contain proprietary and confidential information that is the property of Company and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you on the website is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge Company’s exclusive rights in the Company trademark and service mark.
Disclaimer of Warranties
The use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (1) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE OR CONTENT WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE OR CONTENT WILL MEET YOUR EXPECTATIONS, (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR (6) THAT THE CONTENT DOES NOT INFRINGE THE COPYRIGHT, TRADEMARK, PATENT, PRIVACY RIGHT, PUBLICITY RIGHT, OR ANY OTHER RIGHT OF ANY THIRD PARTY.
No advice or information, whether oral or written, obtained by you from Company or through or from the website shall create a warranty not expressly stated in the TOU.
Limitation of Liability
You expressly understand and agree that Company will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from the use or the inability to use the website, unauthorized access to or alteration of your transmissions or data, statements, or conduct of any third party including advertisers on the website, the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into though or form the website, or any other matter relating to the Company, the website, or the Content, and in no event will Company be liable to you for any amount of money over $100.00, which you acknowledge to be a fair and reasonable sum.
This TOU, the website, and the Content are governed by the laws of the United States of America, and the State of Ohio. If there is any dispute about or involving the website or the Content, you agree that the dispute will also be governed by the laws of the State of Ohio without regard to conflict of law provisions, and you agree to personal and exclusive jurisdiction by, and venue in, the state and federal courts located in Franklin County, Ohio.
You acknowledge that the restrictions in the TOU—including the restriction on access for commercial use—are reasonable in scope and necessary to protect the interests of the Company, and that any violation of these restrictions will cause significant, irreparable harm to the Company for which the Company has no adequate remedy at law. Consequently, you agree that the Company may obtain preliminary and permanent injunctive relief against your infringement of the terms of the TOU, and the effects of your infringement, including an injunction against your use of any Content obtained in violation of the TOU.
The TOU constitutes the entire agreement between you and Company and governs your use of the website and Content. You may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use certain elements of the website, or third-party services or content.
The failure of Company to exercise or enforce any right or provision of the TOU shall not operate as a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the TOU, remain in full force and effect.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Nothing contained in the TOU shall be construed to constitute either party as a partner, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has the right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, Content, or the TOU must be filed within one year after such claim or cause of action arose or be forever barred. This limitation does not apply to any action under or related to the License, notwithstanding its integration into this TOU.
In the event of a termination of this TOU, all Content, whether under your control or not, will remain subject to the License in perpetuity.