TERMS OF USE AGREEMENT
This site is owned or
managed by HomeWorks Productions. (“HomeWorks”).
HomeWorks provides this HomeWorks Website and related services for your
personal non-commercial use only and subject to your compliance with this Terms
of Use Agreement (the “Agreement”). Please read this Agreement carefully before
using this HomeWorks Website. Your use of this HomeWorks Website constitutes
your acceptance to be bound by this Agreement without limitation, qualification
or change. If at any time you do not accept all the terms and conditions of
this Agreement, you must immediately discontinue use of this HomeWorks Website.
This Agreement sets forth HomeWorks’s policies with respect to its operation of
the HomeWorks Websites. Other policies govern HomeWorks’s non-Internet
operations.
Certain products or services offered by this and/or other HomeWorks Websites
(each a “HomeWorks Internet Service,” and collectively “HomeWorks Internet
Services”), and certain areas within this and/or other HomeWorks Websites may
be governed by additional terms (“Additional Terms”) presented in conjunction
with those products or services. You must agree to these Additional Terms
before using those areas or HomeWorks Internet Services. The Additional Terms
and this Agreement shall apply equally. In the event of an irreconcilable
inconsistency between the Additional Terms and this Agreement, the Additional
Terms shall control.
YOU MAY NOT USE ANY HOMEWORKS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR
PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR
ACCESS TO ANY HOMEWORKS WEBSITE MAY BE TERMINATED IMMEDIATELY IN HOMEWORKS’S
SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY
PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON,
OR NO REASON.
Some parts of this HomeWorks website may contain adult content intended for
people who are at least 18 years old. By viewing this adult content, you are
representing that you are at least 18 years old and that the content is
acceptable to you. Filtering software is commercially available which can be
used to exclude content that is not acceptable to you. This software may
prevent the display of all or portions of the HomeWorks Website content.
Changes
to this Agreement
This Agreement is effective as of March 24, 2005. HomeWorks reserves the right,
in its sole discretion, to modify, alter, or otherwise change this Agreement
and/or the Additional Terms at any time. HomeWorks will provide notice of such
change on this HomeWorks Website. Please review this Agreement and/or
Additional Terms periodically for changes. Your continued use of the HomeWorks
Website and/or HomeWorks Internet Service constitutes your acceptance and
agreement to be bound by these changes without limitation, qualification or
change. If at any time you do not accept these changes, you must immediately
discontinue use of this HomeWorks Website and/or the HomeWorks Internet Service
to which the changes may apply.
Privacy
and Protection of Personal Information
HomeWorks has
developed a Privacy Statement in order to inform you of its practices with
respect to the collection, use, and disclosure of personal information. You can
find this Statement below.
Accounts, Security, Passwords
If a particular HomeWorks Website or HomeWorks Internet Service requires you to
open an account, you must complete the specified registration process by
providing us with current, complete, and accurate information as requested by
the applicable online registration form. It is your responsibility to maintain
the currency, completeness, and accuracy of your registration data and any loss
caused by your failure to do so is your responsibility. After you have fully
completed the registration form, you may be asked to choose a password and a
user name. It is entirely your responsibility to maintain the confidentiality
of your password and account. Additionally, you are entirely responsible for
any and all activities that occur under your account. You agree to notify
HomeWorks immediately of any unauthorized use of your account. HomeWorks is not
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. You may cancel your
account by delivering notice in the manner provided in the Additional Terms
governing the particular HomeWorks Internet Service.
Fees
Except where
otherwise provided, access to and use of this HomeWorks Website and the
HomeWorks Internet Services offered through this site are currently available
without charge. HomeWorks reserves the right to charge a fee for access to or
use of this HomeWorks Website, or any HomeWorks Internet Service available on
this HomeWorks Website at any time in the future. Your access to or use of this
HomeWorks Website before such time does not entitle you to use of this HomeWorks
Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR
THROUGH THIS HOMEWORKS WEBSITE AND/OR HOMEWORKS INTERACTIVE SERVICE IS AT YOUR
OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION,
TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS HOMEWORKS
WEBSITE OR HOMEWORKS INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS. HOMEWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOMEWORKS DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD
PARTIES. HOMEWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS
HOMEWORKS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR
OTHER HARMFUL COMPONENTS. HOMEWORKS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS
HOMEWORKS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
HOMEWORKS IS NOT
RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED
TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION
OR RECEIPT OF TICKET ORDERS OR HOMEWORKS INTERACTIVE SERVICES, OR ANY COMPUTER
VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This HomeWorks
Website may contain links to websites operated by third parties. HomeWorks does
not monitor or control the linked sites and makes no representations regarding,
and is not liable or responsible for the accuracy, completeness, timeliness,
reliability or availability of, any of the content uploaded, displayed, or
distributed, or products, or services available at these sites. If you choose
to access any third party site, you do so at your own risk. The presence of a
link to a third-party site does not constitute or imply HomeWorks's
endorsement, sponsorship, or recommendation of the third party or of the
content, products, or services contained on, or available through, the site.
Software
And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with
a HomeWorks Internet Service ("Software"), including podcasts, audio
streaming, or video streaming, is owned or controlled by HomeWorks and/or
licensors, affiliates and suppliers and is protected by copyright laws and
international treaty provisions. Your use of the Software is limited to
private, non-commercial use and is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software.
HomeWorks accepts no responsibility or liability in connection with any
Software owned or controlled by third parties.
Third-Party
Merchants
This HomeWorks Website may enable you to order and receive products,
information and services from businesses that are not owned or operated by
HomeWorks. The purchase, payment, warranty, guarantee, delivery, maintenance,
and all other matters concerning the merchandise, services or information,
opinion or advice ordered or received from such businesses are solely between
you and such businesses. HomeWorks does not endorse, warrant, or guarantee such
products, information, or services, and is not liable for the accuracy,
completeness, or usefulness of such information or the quality of availability
of such products or services. HomeWorks will not be a party to or in any way
responsible for monitoring any transaction between you and third-party
providers of such products, services, or information, or for ensuring the
confidentiality of your credit card information. Any separate charges or
obligations you incur in your dealings with these third parties are your
responsibility and are not part of the fee, if any, charged for the HomeWorks
Internet Service.
Modification/Termination
by HomeWorks
HomeWorks reserves
the right, in its sole discretion, to modify, suspend, or terminate this
HomeWorks Website and/or any portion thereof, including any HomeWorks Internet
Service, and/or your account, password, or use of any HomeWorks Internet
Service, or any portion thereof, at any time for any reason with or without
notice to you.
Termination of your account for a HomeWorks Internet Service removes your
authorization to use the HomeWorks Internet Service. In the event of
termination, you will still be bound by your obligations under this Agreement
and any Additional Terms, including the warranties made by you, and by the disclaimers
and limitations of liability. Additionally, HomeWorks shall not be liable to
you or any third-party for any termination of your access to a HomeWorks
Internet Service.
Interactive
Services
This HomeWorks Website may offer certain HomeWorks Internet Services having
interactive components such as bulletin boards, chat rooms, blogs, and forums
(collectively "HomeWorks Interactive Services"). Additional terms may
cover these services, which appear on the pages where these services are available
and can be found here.
Subscription
Services
This HomeWorks Website may offer certain HomeWorks Subscription Services such
as newsletters and Real Simple Syndication ("RSS") feeds (collectively
"HomeWorks Subscription Services"). By registering for a HomeWorks
Subscription Service, you will be subject to any charges and rules set forth in
the description of that service
Premium
Services
Some HomeWorks
Internet Services on this HomeWorks Website, including certain HomeWorks
Interactive and Subscription Services, may be offered to you conditioned on
your payment of a fee (“HomeWorks Premium Service”). By using the HomeWorks
Premium Service, you will be subject to any charges and rules set forth in the
Additional Terms for that service.
Contests/Sweepstakes
For Additional Terms
applying to all contests or sweepstakes conducted by this HomeWorks Website,
refer to this site's contest or sweepstakes information.
Limitations
on Liability
In no event shall HomeWorks, its subsidiaries, affiliates, distributors,
suppliers, licensors, agents or others involved in creating, sponsoring,
promoting, or otherwise making available the HomeWorks Website and its
contents, be liable to any person or entity whatsoever for any direct,
indirect, incidental, special, compensatory, consequential, or punitive damages
or any damages whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses; (ii) your
inability to use, unauthorized use of, performance or non-performance of the
HomeWorks Website; (iii) unauthorized access to or tampering with your personal
information or transmissions; (iv) the provision or failure to provide any
service; (v) errors or inaccuracies contained on the HomeWorks Website or any
information, software, products, services, and related graphics obtained
through the HomeWorks Website; (vi) any transactions entered into through this
HomeWorks Website; (vii) any property damage including damage to your computer
or computer system caused by viruses or other harmful components, during or on
account of access to or use of this HomeWorks Website or any site to which it
provides hyperlinks; or (viii) damages otherwise arising out of the use of the
HomeWorks Website and HomeWorks Internet Services. The limitations of liability
shall apply regardless of the form of action, whether based on contract, tort,
negligence, strict liability or otherwise, even if HomeWorks has been advised
of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless HomeWorks, its subsidiaries,
agents, distributors and affiliates, and their officers, directors and
employees from and against any and all claims, actions, demands, liabilities,
costs and expenses, including, without limitation, reasonable attorneys’ fees,
resulting from your breach of any provision of this Agreement, the Additional
Terms, or any warranty you provide herein, or otherwise arising in any way out
of your use of this HomeWorks Website and any related HomeWorks Internet
Service and/or software. HomeWorks reserves the right to take exclusive control
and defense of any such claim otherwise subject to indemnification by you, in
which event you will cooperate fully with HomeWorks in asserting any available
defenses.
International
Use/U.S. Export Controls
Accessing materials on this HomeWorks Website by certain persons in certain
countries may not be lawful, and HomeWorks makes no representation that
materials on this HomeWorks Website are appropriate or available for use in
locations outside the United States. If you choose to access this HomeWorks
Website from outside the United States, you do so at your own risk and
initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this
HomeWorks Website. No software or any other materials associated with this
HomeWorks Website may be downloaded or otherwise exported or re-exported to
countries or persons prohibited under export control laws, including but not
limited to countries against which the United States has embargoed goods, or to
anyone on the U.S. Treasury Department list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You
are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of any such materials. By using
and/or downloading any such materials from a HomeWorks Website, you represent
and warrant that you are no located in, under the control of, or a national or
resident of any such country to which such import, export, or re-export is
prohibited or are not a person or entity to which such export is prohibited.
PRIVACY STATEMENT
This statement
informs you of HomeWorks's practices with respect to the online collection,
use, and disclosure of personal information from this HomeWorks Website.
Personal information is information that allows us to contact you (such as
email address, home address, or telephone number) or other information that,
when linked to your name or contact information, allows us to personalize your
visit to our site by providing you with information that suits your interests.
HomeWorks is the
owner of this website and retains all ownership rights to the information
collected at this site. HomeWorks reserves the right to change, modify, add, or
remove provisions of this Privacy Statement. Any changes to this Privacy
Statement will be posted here, and we encourage you to check back from time to
time.
Personalization
Although you may use many features of this site without completing a
registration or sign-up form, visitors who do register and/or sign up for
special services may have access to additional features of the site and are
more likely to receive information suited to their interests. For example, a
registered user is eligible for additional services provided by this website
such as listener clubs and personalized content. Our registration and special
services sign-up forms may ask you for contact information (like name or email
address) and demographic information (like zip code or age). You must provide
the information in order to receive the benefits of registration or of the
special service.
We may use the
contact information you give us to better tailor your website experience to
your interests, to request your opinions with respect to media and
entertainment, and to send you information about HomeWorks and its services as
well as promotional material on behalf of some of our partners. We may use
information that you provide to us to inform you of content on the web, radio
and other methods of content delivery, in which you may be interested and to
provide or display the content according to your preferences. We will also
share this information within the HomeWorks family in order to enhance your
experiences with HomeWorks.
In addition, we may
share this information with advertisers or other third parties that are not
part of the HomeWorks family on an aggregate or other basis that does not
disclose your identity or contact information.
Online
Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you
for contact information (like name or email address) and demographic
information (like zip code or age). We may use this contact information from
our surveys and contests to provide you with information about our company and
promotional material on behalf of some of our partners, and to contact you when
necessary.
Supplemental
Information
To enhance HomeWorks's ability to tailor this site to your preferences, we may
combine information that you provide us on registration and other online
sign-up forms with other information about you that we may obtain. We do not
share that information with any other party.
Shopping/Commercial
Services
This HomeWorks site may offer shopping services, which may be offered by us or
by a firm that operates a store under contract with us. If our site offers
shopping or other commercial services, you will use a customer order form to
request information, products, and services. The order form will ask you to
give us contact information (like name or email address), financial information
(like account or credit card numbers), and demographic information (like zip
code or age).
We will use the financial information that you provide to bill you for products
and services. By giving our site your credit card and related personal
information, you are authorizing our store to give that information to the
merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We
may also use contact data to get in touch with you when necessary. We will not
otherwise use or distribute your financial information without your prior
approval.
Public Forums
This site may make available chat rooms, forums, message boards, and
news groups. Please remember that any information that you disclose in these
areas becomes public information and you should exercise caution when deciding
to disclose your personal information.
Information
Sharing With Third Parties
From time to time we may enter into a special relationship with another company
that is not owned by HomeWorks to provide additional features at this site.
These special relationships may include “powered by” partners, business
partners, sponsors, and co-branded sites (referred to here as “co-branded
pages”). These might include, for example, pages that share our name and that
of another entity, such as TicketMaster. You should look for a specific privacy
statement on any such co-branded page. Any personal information that you
provide when signing up at one of those co-branded pages may be shared with our
third party partner. You should also check our partner’s website for
information regarding its privacy policies.
Also, the nature of some features of our site may require that we share
personal information about you with persons or companies outside of the
HomeWorks family. For example, this may occur at a feature that enables you,
via our site, to ask questions of persons or entities that are not part of the
HomeWorks family. By responding to those features of the site, whether by email
or direct entry of information on our Website, you are consenting to our
transferring that information to such persons or entities.
With respect to specific registration modules, like contests, we may disclose
personal information collected, and we will post a conspicuous statement on the
registration module to the effect that we will be disclosing the information
collected with third parties
Finally, we may share any of the information collected from you with these
other non-HomeWorks companies in an aggregate basis. The aggregated information
is not linked to any information that can identify you.
IP
Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems
with our server, to analyze trends, to track users’ webpage movements, to help
identify you and your shopping cart, and to gather broad demographic
information for aggregate use.
Cookies
This HomeWorks site
may use a standard technology called a “cookie” to collect information about
how you use the site. Cookies reside on your computer and help our website to
recognize your computer's browser as a previous visitor. This information
allows us to customize delivery of information. For example, our site may use
cookies to save and remember registration information or preferences that you
may have set while browsing the site, to keep track of your shopping cart, to
ensure you don't see the same ad content repeatedly, to deliver content
specific to your interests, and to save your password so you don't have to
re-enter it each time you visit our site. We use cookies only to gather
information as indicated in this policy.
In addition, on occasion our
site may also set a “session cookie” which helps us administer the site. The
session cookie expires when you close your browser and does not retain any
information about you after it expires.
Finally, we may also use
an ad network provider to help present advertisements on this and other
HomeWorks Web sites. This ad network provider, like other advertising service
vendors, uses cookies, web beacons, or similar technologies on the hard drive
of your computer to serve you advertisements tailored to interests you have
shown by browsing on this and other sites you have visited, and to determine
whether you have seen a particular advertisement before and to avoid sending
you duplicate advertisements. In doing so, the provider collects non-personal
data such as your browser type, your operating system, Web pages visited, time
of visits, content viewed, ads viewed, and other clickstream data. The use of
cookies, web beacons, or similar technologies by these ad network providers is
subject to their own privacy policies, not ours. If you do not want the
benefits of these advertising cookies, you may opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp.
However, if you do so you may not receive the full benefit from the use of our
site.
Banner
Advertising
We license ad-server software from another company to place banner advertising
on our sites. All of the data provided and generated by the ad-server software
remains in our possession and no data is transferred to the licensor of the
software. This feature of our site may, on occasion, set “cookies” on your
computer. Any information collected or stored by the ad-service or the cookies
is treated in the same manner as other information as described in this
statement.
Children’s
Personal Information
Consistent with the
Children’s Online Privacy Protection Act:
·
This site does NOT collect, use, or disclose personal
information (including online contact information) of children under the age of
13.
·
In the event that a child under the age of 13 attempts to
register on our site, we will NOT accept the registration and will delete
information received from the child.
·
In the event that a child posts personal information in a
public forum such as a chat room, we will attempt to delete that information
once we become aware of it.
Your Choices
This HomeWorks site provides you the opportunity to opt-out of receiving email
communications from us and our special relationship partners. To opt-out of
receiving email communications, you may:
• Modify your registered user information on our website; or
• Send an email to GreatRock@rocktimewarp.com.
Please include the web address, call letters or station's
name. (Please note that this email address should only be used for specific
technical issues related to the website such as unsubscribing from a database.
The recipients of these emails will not be able, in general, to answer concerns
regarding on-air programming, promotions or other non-web related issues.)
Access to Personal Information
HomeWorks gives you
the opportunity to modify or remove personal information that you have provided
to us. You may do so by modifying your password-protected registered user
information on our website.
Security of Your Personal Information
HomeWorks employs reasonable security measures consistent with standard
industry practice, for information collected through this website. We believe
that we have adequate security measures in place in our physical facilities to
protect against the loss, misuse, or alteration of the information we collect
on our website. We also use internal protections to limit access to users'
personal information to only those employees who need the information to
perform a specific job.
Sale or Merger
If this site is sold to, or merges with, another company not owned by
HomeWorks, you should expect that some or all of the information collected from
this website may be transferred to the buyer/surviving company. If so,
HomeWorks will seek to obligate the acquiring company to use any personal
information transferred by this site in a manner consistent with this
statement, but cannot guarantee that it will be able to impose that requirement
or that the acquiring company will comply.
Legal Process
You should be aware that HomeWorks may be required to disclose your personal
information to the government or third parties under certain circumstances,
such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of this
site, or your dealings with this website, you can contact GreatRock@rocktimewarp.com. Please
include the web address, call letters or station's name. Please note that this
email address should only be used for specific technical issues related to the
website such as unsubscribing from a database. The recipients of these
emails will not be able, in general to answer concerns regarding on-air
programming, promotions or other non-web related issues.
Leased Content
Neither Standard
& Poor nor any third-party licensor shall have any liability for the accuracy
or completeness of this service or any component thereof or for delays,
unauthenticity, omissions, or other defects therein nor for any claims or
losses arising therefrom or occasioned thereby, including, without limitation,
any lost profits, indirect, special, or consequential damages. Either Standard
& Poor or third party licensors have exclusive proprietary rights from the
information received via the service. Customer, end-user, or visitor, as
applicable, shall not use or permit anyone to use the information provided
through the service for any unlawful or unauthorized purpose. Customer,
end-user, or visitor, as applicable, is not authorized or permitted to furnish
such information to any person or firm for reuse or retransmission without prior
written approval of the source of such information. Provision of the
information on the service is subject to termination in the event that any
agreement between a third party licensor and a provider of information
distributed through the service is terminated in accordance with its terms.
Third party licensor and its subsidiaries, affiliates, information providers
and content partners shall have no liability for investment decisions based on
the information provided hereby.
General Information
This Agreement and the Additional Terms shall be governed by, construed and
enforced in accordance with the laws of the State of New Jersey, as it is
applied to agreements entered into and to be performed entirely within such
state, without regard to conflict of law principles. You agree that any cause
of action you or HomeWorks brings to enforce this Agreement and/or the
Additional Terms, or in connection with any matters related to this HomeWorks
Website and/or the Privacy Statement, shall be brought only in either the state
or Federal courts located in Trenton, New Jersey. You agree to submit to the
personal jurisdiction of the courts of the State of New Jersey for any cause of
action arising out of this Agreement. You agree to file any cause of action
with respect to this Agreement within one year after the cause of action
arises. You agree that a cause of action filed after this date is barred.
If any provision of this
Agreement, or the application thereof to any person or circumstances, is held
invalid or for any reason, unenforceable including, but not limited to, the
warranty disclaimers and liability limitations, then such provision shall be
deemed superseded by a valid, enforceable provision that matches, as closely as
possible, the original provision, and the other provisions of this Agreement
shall remain in full force and effect. The failure of either party to insist
upon strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Unless expressly provided otherwise,
this Agreement is the entire agreement between you and HomeWorks with respect
to the use of this HomeWorks Website and shall not be modified except in
writing, signed by an authorized representative of HomeWorks.
European Union and Other Foreign Nations
This HomeWorks website is governed by and operated in accordance with the laws
of United States of America and is intended for enjoyment of residents of the
United States. HomeWorks makes no representation that this website is governed
by or operated in accordance with the laws of other nations. By using this site
and submitting any personal information, visitors from outside of the United
States acknowledge the this site is subject to U.S. law, consent to the
transfer of personal data to the U.S., and waive any claims that may arise
under their own national laws.
COPYRIGHT
& TRADEMARK NOTICE
Use of Intellectual Property
The HomeWorks Website, and all of its contents, including but not limited to
articles, other text, photographs, images, illustrations, graphics, video
material, audio material, including musical compositions and sound recordings,
software, HomeWorks logos, titles, characters, names, graphics and button icons
(collectively “Intellectual Property”), are protected by copyright, trademark
and other laws of the United States, as well as international conventions and
the laws of other countries. The Intellectual Property is owned or controlled
by HomeWorks or by other parties that have provided rights thereto to
HomeWorks.
You may not, and agree that you will not, reproduce,
download, license, publish, enter into a database, display, modify, create
derivative works from, transmit, post, distribute or perform publicly by any
means, method, or process now known or later developed, decompile, reverse
engineer, disassemble, use on another computer-related environment, transfer or
sell any Intellectual Property, information, software or products obtained from
or through this HomeWorks Website, in whole or in part, without the express
written permission of HomeWorks.
Other trademarks, service marks, product names and
company names or logos appearing on this HomeWorks Website that are not owned
by HomeWorks may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted,
websites may not hyperlink to any page beyond the homepage of this HomeWorks
Website, or frame this HomeWorks Website, or any web page or material herein,
nor may any entity include a hyperlink to any aspect of the HomeWorks Website
in an email for commercial purposes, without the express written permission of
HomeWorks.
Copyright Infringement
HomeWorks respects the intellectual property rights of third parties, and
complies with the terms of the Digital Millennium Copyright Act (DMCA)
regarding such rights. By submitting any material or photographs through this
HomeWorks Website, you are granting permission to have this material posted on
this HomeWorks Website, and are representing that you are the rightful owner of
the submitted material, and that no one else may claim rights to this material.
HomeWorks reserves the right to remove access to infringing material. Such
actions do not affect or modify any other rights HomeWorks may have under law
or contract. You can find our procedures for providing notice of alleged
copyright infringement here.
Procedure for Making Claim of Copyright
Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, you should send written notification thereof, in
accordance with the provisions of the Digital Millennium Copyright Act, to our
Designated Agent, who can be reached as follows:
By Email: GreatRock@rocktimewarp.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the
Notification must include the following:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
(ii) Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site.
(iii) Identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit HomeWorks to locate the material.
(iv) Information reasonably sufficient to permit
HomeWorks to contact the complaining party, such as an address, telephone
number, and, if available, an email address.
(v) A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
This process only relates to reporting a
claim of copyright infringement. Messages related to other matters will not
receive a response through this process.
INTERACTIVE
SERVICE ADDITIONAL TERMS
You may participate in the HomeWorks Interactive Service
by reading and agreeing to the Terms of Use Agreement and these Interactive
Service Additional Terms, and by completing the registration form where one is
provided. If you do not agree to abide by the Terms of Use Agreement and these
Interactive Service Additional Terms, you may not participate in the HomeWorks
Interactive Service.
You agree that you will not:
·
Deliver any unsolicited advertisement, promotional
materials, junk email, bulk email (also known as “spam”), chain letters,
surveys or contests, or solicit participation in any pyramid schemes (unless it
is on a page that explicitly states that such postings are allowed on that
page).
·
Deliver any unlawful (according to local, state, federal,
or international law or regulation) postings to or through the HomeWorks
Website, or any postings which advocate illegal activity.
·
Deliver, or provide links to, any postings containing
material that could be considered harmful, obscene, pornographic, indecent,
lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or
otherwise objectionable.
·
Deliver, or provide links to, any postings containing
material that harasses, victimizes, degrades, or intimidates an individual or
group of individuals on the basis of religion, race, ethnicity, sexual
orientation, gender, age, or disability.
·
Deliver, or provide links to, any postings containing
defamatory, false or libelous material.
·
Deliver any posting that infringes or violates any
intellectual property or other right of any entity or person, including,
without limitation, copyrights, patents, trademarks, laws governing trade
secrets, rights to privacy, or publicity.
·
Deliver any posting to that you do not have a right to
make available under law or contractual or fiduciary relationships.
·
Impersonate another person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity, or adopt a
false identity if the purpose of doing so is to mislead, deceive, or defraud
another.
·
Manipulate identifiers, including by forging headers, in
order to disguise the origin of any posting that you deliver.
·
Use this HomeWorks service in any manner which could
damage, disable, overburden, or impair or otherwise interfere with the use of
the HomeWorks Website or other users' computer equipment, or cause damage,
disruption or limit the functioning of any software, hardware, or
telecommunications equipment, including by means uploading or transmitting to
this Site or HomeWorks’s servers any computer viruses, Trojan horses, worms, or
other disabling or harmful software intended to damage, interfere with,
intercept or monitor surreptitiously, or take over another computer.
·
Attempt to gain unauthorized access to this HomeWorks
Website, any related website, other accounts, computer system, or networks
connected to this HomeWorks Website, through hacking, password mining, or any
other means.
·
Obtain or attempt to obtain any materials or information
through any means not intentionally made available through this HomeWorks
Website, including harvesting or otherwise collecting information about others
such as email addresses.
You are solely responsible and liable for postings
delivered to the HomeWorks Website using your account. Any violation of these
provisions can subject your HomeWorks account to immediate termination and,
possibly, further legal action.
HomeWorks does not control and is not responsible for any
notes, messages, billboard postings, ideas, suggestions, concepts or other
material, or files delivered to a HomeWorks interactive website by you or other
users. HomeWorks is not obligated to and does not regularly review, monitor,
delete, or edit postings. However, HomeWorks reserves the right to do so at any
time in its sole discretion, for any reason or no reason, and to delete or edit
any posting with or without notice. HomeWorks is not responsible or liable for
damages of any kind arising from any postings even when HomeWorks is advised of
the possibility of such damages, or from HomeWorks's alteration or deletion of
any posting.
The information and opinions expressed in postings on
this HomeWorks Website are not necessarily those of HomeWorks or its content
providers, advertisers, sponsors, affiliated or related entities, and HomeWorks
makes no representations or warranties regarding that information or those
opinions. HomeWorks does not represent or guarantee the truthfulness, accuracy,
or reliability of any postings or determine whether the postings violate the
rights of others. You acknowledge that any reliance on material posted by other
users will be at your own risk.
Unless otherwise provided,
all postings to the HomeWorks Website automatically and immediately become the
property of HomeWorks without any obligation of confidentiality. HomeWorks
shall be entitled to use the material for any type of use forever including in
any media whether now known or later devised. If any court determines that
HomeWorks does not retain exclusive ownership of any posting, then you hereby
expressly grant to HomeWorks a royalty-free, perpetual, irrevocable right to
use, reproduce, adapt, modify, publish, edit, translate, perform, transmit,
sell, sublicense or otherwise distribute and display the Posting for any
reason, including for promotional and advertising purposes, alone or as a part
of other works in any form, medium or technology now known or later developed,
and you waive all moral rights in all such postings.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for a HomeWorks Premium Service by
reading and agreeing to the Terms of Use Agreement and these Premium Service
Additional Terms, and by completing the registration form. If you do not agree
to abide by the Terms of Use Agreement and these Premium Service Additional
Terms, you may not register for the HomeWorks Premium Service.
Member Account and Password
You are responsible for any membership name and password that is associated
with your account during registration. If this premium service does not
recognize your device from a previous sign-in, you will be asked for
information that will help us to identify your registration. It is your
responsibility to maintain the confidentiality of your password, if one is
established. You are entirely responsible for any and all activities that occur
under your account, and agree to notify us immediately of any unauthorized use
of your account.
Charges for Premium Service
HomeWorks will provide notice of any charges, or extra charges, before you
register for or enter a premium area. You are responsible for any charges for
premium content incurred by your account. We are not liable for any loss that
you may incur as a result of someone else using your password or account,
whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize
us to charge your credit card account by registering for the service and
providing us with your credit card information. You warrant to us that the
credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial
Use
This premium service is for your personal and non-commercial use only. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products obtained from this premium service without our prior written
consent.
Cancellation
You may cancel your membership in this premium service at any time by
contacting us using the contact information provided on this premium service. In
the event that you have paid a fee to register on this site, we will return the
unused portion of your membership fee on a 52-week pro-rated basis within
ninety (90) days of your cancellation of your membership.
e reserve the right to terminate your access to this
premium service or any portion thereof at any time, without notice. Upon such
termination, we shall return the unused pro-rata portion of your membership fee
on a 52-week pro-rated basis to you within ninety (90) days of the termination
of your access to this service.
Modification of these Terms of Use
HomeWorks may from time to time change the terms and conditions governing this
premium service. It is important that you regularly review these terms and conditions
to stay informed with regard to any changes in the terms and conditions
governing your use of this premium service. Your continued use of this premium
service constitutes your agreement to all such terms and conditions.
Submissions
Unless otherwise stated, we will not review or consider any unsolicited
submissions to this premium service. All submissions to this premium service
become our property. No submission will be subject to any reimbursement or
other payment by us.
Service Contact
You may email your requests for customer service through the contact
information provided on the home page of this premium service.
Effective: March 24, 2005.