Rocky Point Media LLC, provides
members a great environment to showcase their rental services to
the world via the World Wide Web (Internet). However, before you enter
the Rocky Point Media LLC site (the "Site") or use any of the Rocky Point Media LLC
services, it is important that you carefully review the Terms and Conditions
set out below (the "Terms"). In addition, specific pages on
the Site may set out additional terms and conditions, all of which are
incorporated by reference into the Terms. Terms may be changed or updated
at any time, but you can always find the most recent version on our site.
We suggest that you periodically check this page to make sure you are
up to date.
By entering and using the Site, you indicate that you accept the Terms
and that you agree to be bound by and subject to them. Acceptance of the
Terms creates a binding legal agreement between you and Rocky Point Media LLC
that you will use the Service only in a manner that is consistent with
the Terms. If you have questions about the Terms, please contact us at
firstname.lastname@example.org . Your use
of the Site and its services (together, the "Service") is entirely
conditioned on and subject to your compliance with the Terms. If you do
not agree with the Terms, do not proceed to access the Site, use the Service,
or proceed to create an account.
Terms of Membership: Rocky Point Media LLC membership (referred
to as "Membership") is available to you if you are at least
13 years of age and you submit certain requested information to Rocky Point Media LLC,
including (but not limited to) your exact name, mailing address, phone
number(s), and correct email address. In addition, by becoming a Member,
you agree to provide Rocky Point Media LLC with true, accurate, current and
complete information about yourself when such information is requested
by the Service (whether by questionnaires, surveys, registration forms
or other informational requests).
If your Member account becomes expired, Rocky Point Media LLC may terminate
your Membership (or any part thereof) or use of the Service, and remove
and discard any content, including but not limited to any and all information,
banners, listings created, image files or any other content within our
database. Please refer to "Termination" for more terms affecting
Member Conduct: We are committed to ensuring that our website
remains a safe place to showcase your rental services online. To this
end, we require that every user of Rocky Point Media LLC, whether or not
such user is a Member, agrees not to use the site for inappropriate content:
- Content we believe is abusive, deceptive, pornographic,
obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Copyrighted material that is used without the express permission
of the owner.
- Content that violates or encroaches on the rights of others.
- Content or other material that contains viruses, worms,
corrupt files, Trojan horses and other forms of corruptive code or any
other content, which may compromise the Rocky Point Media LLC directory.
- Content that advocates illegal activity.
- Content that harms minors in any way.
- Any links to the above.
Rocky Point Media LLC has the sole discretion to determine whether Content
is Prohibited Content, and any Content submitted to the Service may be
subject to examination from time to time. You acknowledge that although
Rocky Point Media LLC does not always examine and review all Content submitted
or transmitted to the Service, Rocky Point Media LLC has the absolute right
(but not the obligation) to delete, move, and edit materials for any reason,
at any time, without notice.
Notwithstanding the above, when you access the Site and/or use the Service,
you acknowledge and agree that all Content (whether private or public)
that is posted and stored in our database directory is the sole responsibility
of the person who submitted it for posting and/or storage. In other words,
you are responsible for any Content that you submit. Moreover, you understand
that by viewing the Site, you may be exposed to Content that you consider
to be offensive and you take sole responsibility for such exposure. Finally,
you acknowledge that Rocky Point Media LLC in no way guarantees the accuracy,
quality or appropriateness of Content available on the Site. In no event
shall Rocky Point Media LLC (including
its officers, directors, employees, affiliates and agents) be liable for
claims of any nature, whether direct or indirect, arising from or related
to any Content made available on or through the Service, including (without
limitation) errors or omissions in such Content, and loss or damages incurred
as a result of use of such Content.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any part of the site, unless you have a formal written agreement via legal
Third Party Software: As a convenience to our Members, we may
make third-party software available through the site. To use the third-party
software, you must agree to the terms and conditions imposed by the third
party provider and the agreement to use such software will be solely between
you and the third party provider.
By using any third party software, you acknowledge and agree that Rocky Point Media LLC
does not guarantee that any software downloaded through the Service will
be free of viruses, worms, or Trojan horses or other forms of corruptive
code. Rocky Point Media LLC makes no representations or warranties concerning
the performance, effectiveness or any other aspect of any third-party
software downloaded through the Service. In no event shall Rocky Point Media LLC
(including its officers, directors, employees, affiliates and agents)
be liable for claims of any nature, whether direct or indirect, arising
from or related to any third-party software downloaded through the Service.
steps to protect it. Please see our Privacy
Copyright: When you join our directory, you become a participant
in an online community of people who are displaying information regarding
rental services. In order for us to make your listing available
to all visitors, we need the rights to make use of all content on the
Service (in accordance with and subject to these Terms, of course). Accordingly,
as a condition to your Membership, you hereby grant Rocky Point Media LLC
a perpetual, universal, nonexclusive right to copy, display, modify, transmit,
make derivative works of and distribute any Content transmitted or provided
to the Service by you, solely for the purpose of providing the Service.
You remain the owner of all Content that you submit to the Service, and
as a condition to Membership, you represent and warrant to Rocky Point Media LLC
that you are the owner of the copyright to Content you submit to the Service
or that you have written permission from the copyright owner to submit
All the information, Content, image files (logos & banners) and materials
offered by our site are protected by U.S. and international copyright
laws and by other applicable laws. You understand that Rocky Point Media LLC
is unable to provide you with permission to copy, display or distribute
material for which you do not own the copyright, and we do not provide
others with such rights to your Content (unless you give us permission
to do so). You may not copy or distribute such material without the written
consent of the copyright owner, and you are solely responsible for any
copyright violations that you may incur as a result of your activities
on the Service. Rocky Point Media LLC has the absolute right to terminate
your membership or exclude you from the Site if you use our Service to
violate the intellectual property rights of third parties.
If you believe that your work or the work of another has been copied
in a way that constitutes copyright infringement, contact a patent and
Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Rocky Point Media LLC, (INCLUDING ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY
INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES,
DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM
ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE
SERVICES USING YOUR ACCOUNT.
- Exclusive Remedy ANY PRODUCT AND SERVICE AVAILABLE THROUGH
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. Rocky Point Media LLC
WARRANTS ONLY THAT Rocky Point Media LLC'S SOLE OBLIGATION, AND YOUR SOLE
AND EXCLUSIVE REMEDY, SHALL BE FOR Rocky Point Media LLC TO REFUND A PRO-RATA
AMOUNT OF THE PURCHASE PRICE OF SUCH LISTING PURCHASES, BANNER AD PURCHASES,
OR WEB SITE HOSTING.
- Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO
THE EXTENT PERMITTED UNDER APPLICABLE LAW, Rocky Point Media LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rocky Point Media LLC MAKES
NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER
THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE
OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS.
Rocky Point Media LLC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE,
GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS
OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH Rocky Point Media LLC'S
SITE OR THAT ARE ADVERTISED ON Rocky Point Media LLC'S SITE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation Of Liability: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT,
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Rocky Point Media LLC WILL HAVE
NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED
TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR
USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING
FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES
PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT
MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Termination: You agree and acknowledge that Rocky Point Media LLC,
in its sole discretion, may terminate your Membership (or any part thereof)
or use of the Service, and remove and discard any Content including, but
not limited to, any and all information, communications, postings, image
files or any other content within the Site, at any time, without notice,
for any reason, including but not limited to:
- Conduct violating these Terms or other policies or guidelines set
forth by Rocky Point Media LLC elsewhere on the Site;
- Conduct that Rocky Point Media LLC believes is harmful to other Rocky Point Media LLC
users, the business of Rocky Point Media LLC, or other third party information
- Failure to continue to maintain your current information; and
- Conduct that violates the letter or spirit of these Terms.
Further, you agree that Rocky Point Media LLC shall not be liable to you
or any third-party for any termination of your access to the Service.
Choice of Law: The state and federal courts of Arizona shall be
the exclusive forum and venue to resolve any and all disputes arising
out of or relating to these Terms and Conditions. You consent to personal
jurisdiction and venue by the state and federal courts of the State of
Modification of Terms: You agree that Rocky Point Media LLC reserves
the right to amend the Terms at any time, for any reason, and without
notice, including the right to terminate the Service or any part of the
Service. Any amendments or modifications made by Rocky Point Media LLC shall
be prospective only.
Entire Agreement: These Terms constitute the entire agreement
between you and Rocky Point Media LLC and govern your use of the Service,
superseding any prior agreements between you and Rocky Point Media LLC. In
the case of inconsistencies between these Terms and information included
in off-line materials, (e.g., promotional materials and mailers), these
Terms will always control. You may also be subject to additional Terms
and Conditions that may apply when you use affiliate services, third-party
content or third-party software.
The failure of Rocky Point Media LLC to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms remain in full
force and effect.
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 Service
or the Terms must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Reporting Violations: You can report abuse of these Terms to email@example.com
How to Contact Us About Copyright Infringement Claims:
Rocky Point Media LLC will take appropriate steps to protect the intellectual
property rights of third parties if it receives notice in accordance with
the provisions required by the Digital Millennium Copyright Act, as follows.
If you believe your copyright or the copyright of another has been infringed
on the Service, please provide Rocky Point Media LLC's Copyright Agent with
a written notice containing the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email 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 above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Claims of infringement by the Service should be addressed to Rocky Point Media LLC's