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Rockhaq | March 23, 2017

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Terms and Conditions

Overview
These are the terms and conditions for all members joining the Rockhaq music journalism community. By joining the community you automatically agree to be bound by our terms and conditions and the Community Guidelines at all times. We reserve the right to change, modify, update or delete parts of these terms and conditions at any time and you will continue to be bound by any new or updated clauses for as long as you are an active member of the Rockhaq music journalism community or until your access is suspended. All Rockhaq community members will be notified by email whenever a new term or clause is added to these terms and conditions and will be bound by them, whether they have read their email or not. If any modification is unacceptable to you, you shall stop using the Rockhaq music journalism community. Your continued use of the Rockhaq music journalism community following our posting of a change notice or new agreement on our site or receiving our email notifying you of the change will constitute in your binding acceptance of the change.

1. Details
This agreement is between Rockhaq and you, and starts on the date that you first register on the Rockhaq music journalism community.

2. Definitions
a. Network: The entire network of profiles and blogs, including the public facing Rockhaq.com site.
b. Rockhaq: Rockhaq is a music journalism community for young people to join and engage in blogging, limited social networking and music or media related tasks and assignments.
c. Rockhaq community moderator: The Rockhaq community moderator may be chosen by Team Rockhaq to read other member reviews, share feedback and moderate comments in the Rockhaq community. All Rockhaq community moderators can be promoted/demoted by Team Rockhaq at any time, and without any legal redress or explanation given.
d. Rockhaq community member: All members that register to join the community become a Rockhaq community member.
e. Rockhaq core team: The Rockhaq core team consists of Michelle Dhillon, Martin Young, Paul Gibbs and any other officially appointed representatives.

3. What Rockhaq will provide to you

e. Access to any additional Rockhaq missions that may be won on an individual basis. Rockhaq missions include CDs and music downloads to review, gig tickets for review purposes, interviews with acts and more opportunities. From time to time and subject to availability and location, we may make additional ‘secret’ missions available via secret missions and achievements. These may not be announced or visible on the website. There is no guarantee that you will win a Rockhaq mission or secret mission as all work is judged on its own merit and any missions and rewards will be issued by our core team. We will liaise with the winners to issue Rockhaq missions and rewards where they are won.
f. The ability for your reviews to be ‘featured’ reviews in the main grid on our public facing site at www.rockhaq.com. There is no guarantee that you will be featured in our top reviews as all work is judged on its own merit and any editorial decisions will be made by our core team. Please refrain from attempting to influence the decisions of the core team.

4. What you will be able to do

b. You will hold all copyright to all your work that is uploaded and published on the public-facing Rockhaq.com website. Neither Rockhaq nor its partners or sponsors will seek ownership over your content. By submitting, posting or displaying any materials on or through the Rockhaq music journalism community, you hereby grant to Rockhaq and its agents and assigns a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such materials solely in connection with the Rockhaq music journalism community or the promotion thereof. Rockhaq is bound by the Creative Commons 2.0 UK licence, more information can be found here.
c. Further to 4b, the Rockhaq network and the core team will retain all of your data and take all appropriate measures to keep it secured. No confidential data (account names, passwords, email addresses) will be shared with any partners, sponsors or third parties at any time.
d. Rockhaq reserves the right to dispose of your profile page and content after six months from the date of your last login. To avoid this action and keep your account on a ‘free’ basis, we recommend that you keep being an active Rockhaq community member by logging in on a regular basis.
e. In the case of Rockhaq missions and ‘secret’ missions, we reserve the right to arrange and engage in any publicity events. In all cases, you will be mentioned in publicity and your additional approval for any publicity events sought.
f. You are entitled to upload any music-related journalistic content onto Rockhaq except band biographies. We will also closely observe all reviews/content for plagiarism from Wikipedia and other online sources/websites. For plagiarism offences, please read section 5.

5. What you will not be able to do
a. Upload any music obtained via the Rockhaq network and its partners and sponsors to illegal filesharing sites or otherwise freely distribute this music for your own commercial or non-commercial purposes. This includes public performances and all related activities for which Rockhaq will not be liable.
b. Profit from any rewards by engaging in selling or buying them to pupils on the Rockhaq network or any other third parties.
c. Slander, libel or defame any artists or record labels or partners or sponsors involved in the Rockhaq network. We refer you to our tips section that will provide simple outlines for you and your pupils to prevent any such cases arising. We also reserve the right to delete any comments and/or blogs that we deem to be inappropriate. Rockhaq community members will indemnify Rockhaq fully in respect of any claim made against Rockhaq arising from any illegal content. Rockhaq will consult with the Rockhaq community member as to the way in which such claims are to be handled.
d. Make copies of your Rockhaq blog or our public facing Rockhaq website available to third parties for commercial or trading purposes.
e. Upload Rockhaq reviews, missions blogs and content (videos, interviews, etc) from your Rockhaq blog to other internet sites and social networks including Facebook, Twitter, etc. You may post links on social networking sites and blogs back to your Rockhaq blog and if it is published then third parties can view this content, but we request all site content to remain on the site network. This helps to ensure that all content is original and has not been written by third parties. This clause is only limited to internet sharing and distribution.
f. Engage in the trading of points, badges and rewards to boost your profile on the network, increase your chances of being awarded Rockhaq missions, secret missions or have work ‘featured’ on the Rockhaq website. All work must be your own and while we actively encourage you to develop your literacy and media skills, we cannot accept work that has been written by teachers, parents or other adults or paid reviews from professionals or other Rockhaq community members.
g. Write, upload or publish plagiarised, copyrighted or unoriginal content. The Rockhaq core team will closely observe all content on the network and where it is found that the content is not original work by the member who has published it, the work will be locked or put into an inaccessible area. It is upto the Rockhaq core team to decide what action to take in the first instance. If the same member contravenes this clause for a second time, they will be suspended and their work deleted from the community. The final decision rests with the Rockhaq core team. In such cases, no legal recourse or financial compensation will be due to the offending member.
h. Attempt to influence the core team regarding any publicity events, featured reviews, point awards, exclusive mission winners and so forth. All final decisions are determined independently by the Rockhaq core team.
i. If the Rockhaq core team suspect that any or all of the above incidents have taken place with any member, we will suspend the member to allow for further investigation. If after investigation we learn that one or all of these clauses has been violated, we will deny you access to the community and you will not be entitled to any refund or compensation payment.
j. Abuse, bully or harass any other Rockhaq community members, including the Rockhaq core team. On the whole we have a clear policy that does not tolerate or accept bullying or abuse. This is in accordance with our Community Guidelines. If any members are found to be engaging in this behaviour, they will be immediately suspended from the community and may receive a warning, or their account may be deleted and they will not be permitted to return to the Rockhaq community.
k. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your usernames and for keeping your passwords secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
l. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. All such content will be removed and any members found to be publishing such content will be suspended and/or permanently deleted without any legal or financial redress.

6. Trademarks
Rockhaq and its affiliates own and retain all rights in the Rockhaq Web site and Rockhaq music journalism community, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Rockhaq music journalism community by Rockhaq. Except as expressly authorised by Rockhaq, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Rockhaq’s proprietary information. Rockhaq is the owner of the ‘Rockhaq’ and ‘Rockhaq.com’ marks, among others.

7. Mission-specific terms
a. All missions are subject to availability and are not guaranteed to be available at your own convenience – for example, in the case of interviews, we will need to liaise with all parties to confirm a time and/or b. possibly a venue. Your flexibility  and co-operation is appreciated in such circumstances.
b. Some missions may require that you agree to abide by certain conditions from the record label or organisation involved in organising it. These conditions are not set out or agreed by Rockhaq and Rockhaq, it’s employees and associates, will only act as an agent to give you this information. If you agree to undertake the mission, then you also automatically agree to comply with any extra conditions as stated at the time the mission details are given to you. These may include agreeing not to distribute or upload any music you are given to third parties or filesharing sites or agreeing not to sell any artist photos that you might be given access to take. If it is found that you have violated these conditions, then Rockhaq may have no choice but to suspend or terminate your membership without recourse to legal redress or refund or compensation.

8. Privacy & Personal Information
We take your privacy very seriously and will not make your usernames, passwords, ages or any other confidential information to anyone outside Rockhaq, including it’s partners or third parties.
Information collected in connection with your use of the Rockhaq music journalism community may be processed and stored in the United Kingdom, the United States or other countries where Rockhaq or its parent, affiliates, subsidiaries or service providers maintain facilities. If you live outside the United Kingdom and use Rockhaq, you expressly consent to the transfer to the United Kingdom of the personal information you provide Rockhaq, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your Rockhaq user name to authenticate you on any service provided by Rockhaq or its affiliates.

10. Reserves/Payment
To reserve your place on the Rockhaq music journalism community if it is not open for registration, please add your name to our reserves list so that you are notified when the website is opened for registration again. We will only use your details to contact you about registration notices and community news.

11. Extra Features
a. Extra paid-for services are available to music hubs and schools and their costs will be outlined to you when you contact us to request such services. Your payment total will be confirmed with an invoice being sent to you to clarify before you make your payment.

13. Duration
Please note that Rockhaq cannot be held liable for any periods of downtime that are due to server maintenance or otherwise out of our immediate control. If we are notified of any downtime we will notify all Rockhaq community members via email.

14. Publicity/Case Studies
If you are selected to represent the Rockhaq music journalism community in any publicity events or press releases, we would appreciate your full co-operation on these occasions. We also reserve the right to write and promote any case studies of the Rockhaq music journalism community on the Rockhaq network and in any printed or promotional material. Our core team will liaise with you in these cases. You are always welcome to contact us with details of success stories at any time for us to publish on site. All publicity events are determined by Rockhaq, please do not attempt to influence the core team in any way or your place in the community may be withdrawn with immediate effect.
In the case of press releases/news stories, the Rockhaq core team will compose all appropriate material before allowing you to view it. We reserve the right to edit/alter any releases as appropriate and we will only do so if the press release we have composed is offensive or politically, socially, financially, ethically harmful to you and/or Rockhaq. We will not edit any releases because of stylistic disagreements over words/composition unless they are general grammar errors and/or factual errors and we reserve the right to control what information is released to the press in this respect. The Rockhaq core team consists of industry experienced journalists so you can be assured that we are confident in our skills and abilities when dealing with press and publicity matters.
In the case of a school or music hub student winning a Rockhaq mission, we will compose a release, allow your marketing team to approve, then release it to the media. If we do not hear a response from your marketing department via email after three attempts from us then we will have to assume that the release has been approved and we will circulate accordingly.

15. Surveys and focus groups
It is important for the Rockhaq core team to liaise with all Rockhaq community members and discuss how we can improve/develop the community for your benefit. We may add surveys for you to complete on the community and we would appreciate your full co-operation and attention to detail in filling these out. We may also contact you to hold an in-person Rockhaq focus group to gauge feedback and opinions from your pupils and yourself. Again, we would appreciate your co-operation on these occasions.

16. Partners/Sponsors
Rockhaq may receive funding from partners and if they specify that we must place sponsor logos on the public site, then we must agree to this. We will not accept sponsorship, advertising or any affiliation with any organisation that could significantly damage Rockhaq and its members and all content will be fully screened beforehand. We will never use any generic and unregulated advertising networks such as Google Ads at any time.

17. Final notes
a. These User Terms will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of laws provisions or your actual country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of the terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of Rockhaq’s affiliates are express and intended third party beneficiaries of these terms and conditions and may enforce any of its terms and exercise any of the rights to the same extent as Rockhaq.

Without limiting the foregoing, under no circumstances shall Rockhaq be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, terrorism, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.