Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS AS THEY HAVE LEGAL EFFECT AND BINDING ON YOU. IF YOU ARE UNSURE, YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL ADVICE ON THE TERMS.
1 INTRODUCTION
The following terms and conditions apply to your use of all of our Internet websites (each, a ROCK Website) provided by ROCK Entertainment Holdings Pte. Ltd. and its subsidiaries and affiliates (together, ROCK Entertainment) which reference these Terms and Conditions.
In these Terms, a user of the ROCK Website is defined as "You" or "Your" and ROCK Entertainment is defined as "we", "us" or "our".
By using a ROCK Website, or any product or service (each, a ROCK Service) available on the ROCK Website, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular ROCK Website or ROCK Service, all as may be modified by ROCK Entertainment from time to time in its sole discretion (together, Terms).
Your use of the ROCK Website constitutes your acceptance of these Terms which shall take effect from the first date you access the ROCK Website.
If you disagree with any of these Terms, you must not use the ROCK Website or any of the ROCK Services. We reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms at any time. You may check periodically for changes, which will indicate the latest revision date. Your continued use of the ROCK Website following the posting of any changes to these Terms will mean you understand and accept those changes.
2. AGE
The ROCK Website may contain adult content and is unsuitable for access, use and/or viewing by persons under the age of 18 years or the age of majority in the jurisdiction where it is accessed (Minor). If you are under such age or it is unlawful in the jurisdiction where the ROCK Website is accessed for you to do so, you are prohibited from accessing, using or viewing it.
In cases where you have authorized a Minor to use the ROCK Website or any ROCK Services, you recognize that you are fully responsible for: (a) the online conduct of the Minor; (b) controlling the Minor’s access to and use of such site or service; and (c) the consequences of any misuse by the Minor. You acknowledge and agree that some of the areas of a ROCK Website may contain material that is inappropriate for Minors.
3. CONTENT
The ROCK Website is supplied to you by us for your personal information, entertainment and education. We do not represent or warrant that the information or the content accessible via the ROCK Website is accurate, complete and/or current. All materials on the ROCK Website including photographs, images and text, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without the prior written consent of ROCK Entertainment. Such materials and the ROCK Services are protected by Singapore and international copyright laws and treaty provisions.
You agree not to adapt, alter or create a derivative work from any of the material contained in the ROCK Website or use it for any other purpose. You further agree to use the ROCK Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the ROCK Website by any third party. These restrictions or inhibitions include conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content.
4. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED AT LAW, WE ARE PROVIDING A ROCK WEBSITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO US OR OUR PRODUCTS AND SERVICES OR TO THIRD PARTY PRODUCTS AND SERVICES ON THE ROCK WEBSITE ON AN "AS IS" BASIS AND MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ROCK WEBSITE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THE ROCK WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ROCK WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS. WE ASSUME NO RESPONSIBILITY AND CANNOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR FROM BROWSING AND/OR OTHER USE OF THE WEBSITE, SUCH AS YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO CLIPS.
5. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO (A) YOUR USE OF ANY ROCK WEBSITE AND/OR ROCK SERVICE, (B) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY ROCK SERVICES, OR (C) ANY OTHER MATTER RELATING TO A ROCK WEBSITE AND/OR ROCK SERVICE OR ANY OF THE SERVICES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ROCK WEBSITE, THE ROCK SERVICE AND/OR THE TERMS, OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES OF ROCK ENTERTAINMENT IN OPERATING A ROCK WEBSITE OR ANY ROCK SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ITS USE IMMEDIATELY. THE AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY ROCK WEBSITE AND/OR ROCK SERVICE IS LIMITED TO SINGAPORE DOLLARS TEN ONLY (SGD10.00).
You expressly acknowledge that ROCK Entertainment has entered into this agreement, and has or may make a ROCK Website and/or ROCK Service available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and ROCK Entertainment. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
6. PROHIBITED CONDUCT
You must not post or transmit through the ROCK Website any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or which do not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We expect you to always treat other users with respect.
7. LINKS AND THIRD-PARTY WEBSITES
ROCK Entertainment provides certain links on a ROCK Website which may take you to other websites. These links only are for convenience and not as an endorsement by ROCK Entertainment. These linked sites are not necessarily under the control of ROCK Entertainment. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. ROCK Entertainment is not responsible for the content of any such linked sites or any other web page which is not part of a ROCK Website and under ROCK Entertainment’s control.
Unless otherwise expressly provided, ROCK Entertainment makes no representation or warranty regarding any linked site or the information, products or services appearing thereon. Accordingly, you agree that ROCK Entertainment will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a ROCK Website.
You further acknowledge and agree that we are not responsible or liable in any way for the availability of any third party websites or material you access through the ROCK Website, and we do not endorse and are not responsible or liable for any content, advertising, products or services on or available from those websites or that material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from those websites or material.
Any dealings between you and any advertisers or merchants found on or via the ROCK Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
8. SUBMISSION OF CONTENT
We may from time to time invite you to submit your content to the ROCK Website, including but not limited text, graphics, video or audio (Content). By submitting Your Content to the ROCK Website, you grant to us a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to the Content worldwide and/or to incorporate it in other works in any existing or future media for the full term of any rights that may exist in the Content. If you do not wish to grant these rights to us, please do not submit the Content to the ROCK Website.
By submitting the Content to ROCK Website, you also represent and warrant that:
the Content is original and you are the owner of copyright and all other rights that may exist in the Content;
nothing in the Content is obscene, libelous, blasphemous of or infringes any performer's right, any performer's property right, any moral right, any right of copyright, right of privacy, right of publicity or any other right whatever of any third party;
we can use, broadcast, transmit and otherwise exploit the Content and exercise the rights granted by you without any restriction or payment to you or any third party at any time;
you waive all so-called moral rights in the Content; and
you have obtained all necessary consents and releases from all individuals entitled or required to give such permission in respect of the Content and its use by us and that neither the Content nor the reproduction of it by us will infringe any rights of any third party.
9. LEGAL COMPLIANCE AND MONITORING
In consideration of the availability, and your use, of a ROCK Website or any ROCK Services, you agree to comply with all applicable laws and these Terms when using such site or service. You acknowledge that ROCK Entertainment has no obligation to monitor a ROCK Website or any content accessible through a ROCK Website or any ROCK Services.
Notwithstanding the foregoing, you agree that ROCK Entertainment has the right to monitor a ROCK Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a ROCK Website or any ROCK Service properly, or to protect itself or its users and customers in accordance with our Privacy Policy, which is available at [insert URL for privacy policy].
10. INDEMNIFICATION AND RELEASE
You agree to indemnify, defend and hold harmless each of ROCK Entertainment, its affiliates and licensors and each of their respective officers, directors, employees, consultants, representatives and agents, including all third parties mentioned on a ROCK Website and other users and visitors of the ROCK Website and/or the ROCK Services, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the ROCK Website, (b) your use of the ROCK Website and/or any ROCK Services, (c) your violation of any provision of the Terms, (d) your violation of any rights of any other person or entity, or (e) any viruses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the ROCK Website.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You release each of ROCK Entertainment, its affiliates and licensors and each of their respective officers, directors, employees, consultants, representatives and agents, including all third parties mentioned on a ROCK Website and other users and visitors of the ROCK Website and/or the ROCK Services from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the ROCK Website and/or the ROCK Services.
11. TRADEMARKS
The names, images and logos identifying ROCK Entertainment and each channel or service of ROCK Entertainment, third parties and their works, products and services are proprietary marks of ROCK Entertainment and/or third parties.
Nothing in the ROCK Website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of those names, images and/or logos to you, or any other third party. All rights including copyright and database rights in the ROCK Website and its contents are owned and/or licensed to us.
Any use of any trade-marks appearing on a ROCK Website or any ROCK Service without the express written consent of the owner of the trademark is strictly prohibited.
12. PRIVACY
ROCK Entertainment respects the privacy of all of its users and customers and is committed to protecting their privacy. Our Privacy Policy specifies how user information is collected, used and disclosed by us in connection with your use of a ROCK Website and any ROCK Services.
Our Privacy Policy is available at https://www.globaltrekker.org/privacy-policy
13. TERMINATION
You acknowledge and agree that ROCK Entertainment, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, a ROCK Website or any ROCK Service, and remove and discard any information or content related to a ROCK Website or any ROCK Service (and your use thereof), for any reason, including where ROCK Entertainment believes that you have violated any of these Terms. You further agree that ROCK Entertainment shall not be liable to you or to any other person as a result of any such suspension or termination.
14. SEVERABILITY AND CONSTRUCTION
If a court or an arbitral body of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, the remainder of the provisions of the Terms shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in the Terms are for convenience only and shall not affect the meaning or interpretation of the Terms.
15. ASSIGNMENT
In the event of a merger, acquisition, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell or assign to third parties rights related to your relationship with us, including, without limitation, any personal information that you provide or that has been provided on your behalf to us. Such third parties will assume the rights and obligations of the Terms. The Terms shall be binding upon and inure to the benefit of our successors or assigns. You may not assign your rights under the Terms without our prior written consent, and any attempted assignment will be null and void.
16. NO WAIVER
ROCK Entertainment’s failure to insist upon or enforce strict performance of any right or provision of these Terms shall not constitute or be construed as a waiver of any right or provision.
17. ENTIRE AGREEMENT
From time to time, we may post our additional terms and conditions on a ROCK Website (Additional Terms), which are hereby incorporated into the Terms. If there is a conflict, the Additional Terms will prevail over the Terms. The current version of the Terms, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and us with respect to the subject matter hereof, and governs your access and use of the ROCK Website and the ROCK Services, superseding any and all prior or contemporaneous agreements or arrangements between you and us with respect to the subject matter hereof, whether written or oral.
No changes to these Terms shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and all documents relating thereto be drawn up in English.
18. GOVERNING LAW AND JURISDICTION
These Terms shall be interpreted, construed and governed by the laws in force in Singapore, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of Singapore and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Regardless of the location of our servers, all ROCK Websites and the ROCK Services are controlled, operated and administered by ROCK Entertainment from its offices within Singapore. ROCK Entertainment makes no representation or warranty that a ROCK Website and any ROCK Services is appropriate or available for use at any locations outside Singapore. Regardless of the location from where you access a ROCK Website, you are responsible for compliance with all applicable local laws. You may not export any of the content accessible through a ROCK Website in violation of applicable export laws and regulations.
19. CONTACT
To contact ROCK Entertainment in connection with these Terms or the ROCK Websites, send an email to info@rockentertainment.com.