TEST TERMS OF SERVICE
EFFECTIVE: February 23rd 2011
SPECIAL NOTE FOR ROCKET21.COM VISITORS UNDER 18 YEARS OLD
1. Acceptance of Terms
Any modifications to the Terms of Service will be brought to your attention by email to the address you used to register (or in the case of Members under age 13 – the address your parent used to establish your membership) for Rocket21.com and by posting at Rocket21.com. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting of the modified Terms of Service forward. Your continued use of Rocket21 after a modification has been made to the Terms of Service constitutes your acceptance of such modification.
By becoming a Rocket21 Member (“Member”), you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your registration for Rocket21.com does not violate any applicable law or regulation in your jurisdiction.
3. Public Beta Test
Rocket21 is conducting a public beta test of Rocket21.com (the “Beta Test”) in order to allow new users to test the features, capabilities, and performance of Rocket21.com.
3.1 Beta Test Obligations
You hereby agree to test, evaluate and analyze Rocket21.com and specific aspects of Rocket21.com as identified by Rocket21 and to provide feedback, analysis, suggestions and comments to Rocket21 as reasonably requested by Rocket21 or as otherwise voluntarily provided by you (collectively, “Feedback”). You may discontinue participation in the Beta Test activities at any time.
4.1 Account Creation
Each Member user (“User”) of Rocket21.com will be required to create a User Account (“Account”). If you are under 18, you may only create a “Student Member Account.” If you are 18 or over, you may only create a “Pro Member Account.” Pro Member Accounts are subject to further verification and approval by Rocket21. If you are interested in establishing a Pro Member Account, please send an email to firstname.lastname@example.org. A member of the Rocket21 Pro Support Team will be in contact with more information. If you create an Account, you agree to provide current, complete, true and accurate information, and you agree to update this information should it change. You agree that we may limit the number of Accounts you are able to create.
4.2 Account Security
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS EXPLICITLY ALLOWED BY ROCKET21.
You agree to notify us immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by us. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.
4.3 Account Suspension and Termination
YOU UNDERSTAND AND AGREE THAT WE may, AT OUR SOLE DISCRETION and at any time, terminate AND/OR suspend your ROCKET21.COM Membership Account for ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR violation of these terms of service or VIOLATION OF any other policy related to Rocket21.com, with or without notice to you. You agree that WE shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/OR suspension. IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO ROCKET21.COM, YOU WILL FORFEIT ANY ROCKET21 POINTS ASSOCIATED WITH YOUR ACCOUNT, AND YOU WILL NOT RECEIVE ANY REFUND OR REIMBURSEMENT FOR PURCHASES OR SUBSCRIPTIONS ASSOCIATED WITH YOUR ACCOUNT.
5.1 Intellectual Property Rights
“Content” shall mean all digital material on Rocket21.com including, without limitation, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material. We acknowledge and agree that to the extent you have such rights under applicable law, and subject to the terms and conditions of this Agreement, you retain any and all applicable (a) copyright rights, including, without limitation, copyright rights in Content you create in and/or upload to Rocket21.com, (b) trademark rights, including, without limitation, rights in trademarks, service marks, and other identifiers you create for and/or use at Rocket21.com, (c) any and all other intellectual property rights with respect to Content you create in and/or upload to Rocket21.com.
You acknowledge and agree that our acknowledgement hereunder of certain of your intellectual property rights does not constitute a legal opinion or legal advice, and is intended solely as an expression of our intention not to require you to forego certain intellectual property rights with respect to certain Content made available at Rocket21.com as set forth and subject to the limitations herein.
You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the Rocket21 website and in and to all Content at Rocket21.com not created by you, are and shall remain the exclusive property of Rocket21, Rocket21’s licensors, and/or other Rocket21.com Users. Except as expressly provided herein, Rocket21 and/or its licensors and/or other Rocket21.com Users do not grant you any express or implied rights in and/or to Content and/or the Rocket21 website, and all right, title and interest in and/or to Content and in and/or to the Rocket21 website are retained by Rocket21 and/or its licensors and/or other Rocket21.com Users.
You acknowledge and agree that you will not upload or otherwise transmit in or through Rocket21.com any Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity.
5.2 No Rights to Data
You acknowledge and agree that even though you may retain certain intellectual property rights with respect to certain Content, you do not own any underlying data, including without limitation, any data associated with your Content including computer files, digital representations, and any other data associated with your Content. You understand and agree that your intellectual property rights do not confer any other rights, including but not limited to real property rights, virtual property rights, rights of access to Rocket21.com, rights to transfer data stored by or on behalf of Rocket21, or any other rights.
5.3 Enforcement of Intellectual Property Rights
You acknowledge and agree:
5.3.1 that you alone are solely responsible for enforcing your intellectual property rights regarding Content at Rocket21.com;
5.3.2 that you are responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder;
5.3.3 that except as provided by law, Rocket21 will have no liability whatsoever in connection with actions or failures to act with respect to enforcement of your intellectual property rights;
5.3.4 that third parties may attempt to circumvent any procedures and/or features designed to inhibit misuse of your Content and/or infringement of your intellectual property rights, and that Rocket21 is not responsible for such misuse of your Content or infringement of your intellectual property rights, whether or not Rocket21 creates procedures and/or features to inhibit such misuse and/or infringement; and
5.3.5 that Rocket21 may implement procedures and/or features designed to inhibit misuse of your Content without incurring any future obligation to create or maintain, or past or future liability for any failure to create or maintain, any such procedures and/or features.
5.4 Your Grants of Rights
You acknowledge and agree that by submitting Content to Rocket21.com, you automatically grant (and represent and warrant that you have the right to grant) the following:
5.4.1 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Rocket21 to use, reproduce, distribute, remove, and analyze any of your Content as Rocket21 may deem necessary or desirable for any purpose in connection with the operation of Rocket 21, including but not limited to for purposes of creating, providing, managing, debugging, testing and/or providing support for Rocket21.com, and
5.4.2 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Rocket21 to copy, modify, and reproduce your Content for marketing and/or promotional purposes in connection with Rocket21 in any media, whether presently known or unknown, and
5.4.3 except as set forth herein, the perpetual and irrevocable right to Rocket21 to delete any or all of your Content from Rocket21.com, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party.
6. R21 Points and Virtual Items
Rocket21.com Membership may include the opportunity for you to perform some activity to gain access to a fictional currency called Rocket21 Points (“Rocket21 Points”) which you may then use to gain access to virtual items for use exclusively at Rocket21.com, or for other rewards.
Rocket21 reserves the right, without prior notification, to limit the quantity of Rocket21 Points you can access and/or to refuse to provide you additional Rocket21 Points. Verification of certain information applicable to certain transactions involving Rocket21 Points may be required prior to our acceptance thereof.
You acknowledge and agree that Rocket21 shall have no liability for loss of Rocket21 Points and/or virtual items from your Account due to unauthorized activity such as hacking, phishing, password mining, social engineering, cheating, and/or any other unauthorized activity. Rocket21 may replace certain such lost Rocket21 Points and/or virtual items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
YOU ACKNOWLEDGE AND AGREE THAT ROCKET21 POINTS AND VIRTUAL ITEMS HAVE NO MONETARY OR REDEMPTION VALUE AND THAT ROCKET21 POINTS AND VIRTUAL ITEMS MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF ROCKET21 IF, WHEN AND TO THE EXTENT ALLOWED BY ROCKET21, IN ITS SOLE DISCRETION. FROM TIME TO TIME, ROCKET21 POINTS MAY BE GRANTED CERTAIN MONETARY OR REDEMPTION VALUE BY ROCKET21 PROMOTIONAL PARTNERS IN CONJUNCTION WITH A SPECIFIC PROMOTIONAL PROGRAM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY SIMILARITY BETWEEN ROCKET21 POINTS AND/OR VIRTUAL ITEMS AND ACTUAL CURRENCY AND/OR ACTUAL ITEMS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THIS AGREEMENT REGARDING ROCKET21 POINTS AND/OR VIRTUAL ITEMS.
There are no fees related to Rocket21 Membership or participation on Rocket21. However, certain business partners of Rocket21 may offer goods or services for sale on the Rocket21 website. You must be at least 18 years old and have a valid credit card or other payment account issued in your name to purchase goods and/or services offered at Rocket21.com. If you are under 18, your parent or guardian can make purchases associated with your account.
You agree to pay all fees or charges incurred by your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable.
You acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications services, computer hardware, and equipment needed to access and use Rocket21.com.
7.2 Billing Information
You agree that to the extent that you provide payment information to a vendor displayed on Rocket21, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true and accurate.
8. Service Termination, Suspension and Changes
Rocket21 reserves the right to TERMINATE, SUSPEND, OR change any service or feature of Rocket21.com at any time, for any reason or no reason, with or without notice to you. You agree that Rocket21 shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, OR change. IN THE EVENT THAT Rocket21.com IS TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND.
Rocket21.com may include communication tools to enable you to communicate with other Rocket21.com Users such as, for example, e-mail, instant messaging, bulletin boards, newsgroups, forums, communities, personal web pages, blogs, calendars, photo albums, file exchange tools, text, voice and/or video chat areas, and other communication tools (collectively the “Communication Services”).
You agree to use the Communication Services only to post, send, and receive communications that are in accordance with the rules of conduct set forth in Section 10.
We reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.
We are not responsible for communications made by other Users via the Communication Services. You acknowledge that communications made via the Communication Services are not controlled or endorsed by Rocket21, and that such communications shall not be considered reviewed, screened or approved by Rocket21.
We are not responsible for communications made by you via the Communication Services. You acknowledge and agree that your communications made via the Communication Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Services. You acknowledge and agree that personal information that you communicate via the Communication Services may be seen and used by others and result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Services unless you wish such information to be made permanently available to the public.
You acknowledge and agree that Rocket21 has the right, but not the obligation, to monitor any communications made via the Communication Services, to alter, to remove, or to refuse to post or allow to be posted or stored any communications made via the Communication Services, to monitor and/or filter any communication made via the Communication Services, and to disclose any communications made via the Communication Services and the circumstances surrounding the transmission thereof, to any third party in order (a) to operate Rocket21.com, (b) to protect Rocket21 and its employees, officers, directors, shareholders, agents, representatives, affiliates, Users, and visitors, (c) to comply with legal obligations or governmental requests, and/or (d) to enforce this Agreement.
Communications made via the Communication Services reflect only the views of their authors. Rocket21 specifically disclaims any liability with regard to communications made via the Communication Services and specifically disclaims any liability with regard to any actions resulting from your participation in any Communication Services.
Some Users may have managerial or moderator status with respect to the Communication Services. Unless specifically so designated, such Users are not authorized Rocket21 spokespersons, and their views do not necessarily reflect those of Rocket21.
Rules Of Conduct
You agree that you will not:
10.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at Rocket21.com pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.
10.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
10.3 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at Rocket21.com any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive or objectionable.
10.4 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at Rocket21.com any material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
10.5 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at Rocket21.com any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of Rocket21.com, other Users’ access to Rocket21.com and/or other Users’ computers.
10.6 Except as expressly authorized by Rocket21 in writing, advertise or offer to sell or buy any goods or services for any purpose.
10.7 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at Rocket21.com any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source