TERMS AND CONDITIONS OF USE & PRIVACY POLICY
For the purposes of this document, the terms “we”, “us”, “YandTRocks.com” and “Y&T” refers to the owners of this website and the term “you” refers to the user/viewer of this website.
YandTRocks.com (“YANDTROCKS.COM”) offers this Website, including all information, software, products, and services available from this Website or offered as part of or in conjunction with this Website (the “Website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated here. YANDTROCKS.COM reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices, and any changes to the Terms and Conditions made by YANDTROCKS.COM.
Personal and Noncommercial Use
The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to YANDTROCKS.COM that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YANDTROCKS.COM MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION, OR REQUIREMENT. Neither YANDTROCKS.COM nor its employees, agents, third-party information providers, merchants, licensors, or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of YANDTROCKS.COM. YANDTROCKS.COM reserves the right to change or discontinue at any time any aspect or feature of the Website.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL YANDTROCKS.COM OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO YANDTROCKS.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify and hold YANDTROCKS.COM, its officers, directors, affiliated companies, employees, and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the YANDTROCKS.COM Website, or any content, product, or service offered through the YANDTROCKS.COM Website, in a manner that violates or is alleged to violate these Terms and Conditions. YANDTROCKS.COM shall provide notice to you of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The Website may contain hyperlinks to Websites offered by parties other than YANDTROCKS.COM. Such hyperlinks are provided for your reference and convenience only. YANDTROCKS.COM does not control such other Websites and is not responsible for their content; nor does YANDTROCKS.COM’s inclusion of hyperlinks to such Websites imply any endorsement of the material on such Websites or any association with their operators. Unless otherwise specifically stated on this Website, YANDTROCKS.COM does not endorse any product or service or make any representation regarding the reliability, quality, or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Website.
Linking
Unless you are subsequently advised otherwise by YANDTROCKS.COM, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. YANDTROCKS.COM reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Website.
Software Available on Website
Any software that is made available to download from this Website is the copyrighted work of YANDTROCKS.COM and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, YANDTROCKS.COM hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by YANDTROCKS.COM in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the YANDTROCKS.COM site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of YANDTROCKS.COM. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from YANDTROCKS.COM or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be via the contact form or regular post to:
Y&T
5255 Stevens Creek Blvd #233
Santa Clara, California 95051 USA
Trademarks
“Y&T” is a trademark or registered trademark of YANDTROCKS.COM and/or Meanstreak Music Co., licensed for use by YANDTROCKS.COM, and is protected by state and federal trademark laws. Other trademarks appear on the Website with permission from their respective owners. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
YANDTROCKS.COM reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If YANDTROCKS.COM receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, YANDTROCKS.COM may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
Copyright Infringement
YANDTROCKS.COM will not tolerate copyright infringement of any kind. YANDTROCKS.COM does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending YANDTROCKS.COM notice that includes all of the following information:
• your full name, address, and telephone number
• your e-mail address
• identification of the copyrighted work(s) that you believe is being infringed
• identification of the infringing material and information sufficient for YANDTROCKS.COM to locate the material
• your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner
• your physical or electronic signature
Direct such notice to YANDTROCKS.COM designated agent for receiving copyright infringement notices via the contact form or regular post:
Y&T
5255 Stevens Creek Blvd #233
Santa Clara, California 95051 USA
Upon receipt of notice complying with the above requirements, YANDTROCKS.COM will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.
If YANDTROCKS.COM removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying YANDTROCKS.COM’s designated agent in writing and including the following information:
• your full name, address, and telephone number
• your e-mail address
• identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
• your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for Santa Clara County, California (where YANDTROCKS.COM may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
• your physical or electronic signature
Upon receipt of a notice meeting the above requirements, YANDTROCKS.COM will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, YANDTROCKS.COM will replace or enable access to the removed material unless YANDTROCKS.COM receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to YANDTROCKS.COM and/or the copyright owner or Website user.
Community Forums
YANDTROCKS.COM may provide chat rooms, message boards and other public posting areas or community forums (“Community Forums”) on the YANDTROCKS.COM Website. If YANDTROCKS.COM provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. YANDTROCKS.COM does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the YANDTROCKS.COM Website. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
• Do not disrespect the privacy and views of others;
• Do not use the Community Forums for commercial purposes, including the promotion of any specific goods or services;
• Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal, or knowingly false information;
• Do not post blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material which YANDTROCKS.COM finds objectionable;
• Do not use the Community Forums for unlawful purposes;
• Do not impersonate another person;
• Do not allow any other person or entity to use your identification to post or view comments; and
• Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.
YANDTROCKS.COM reserves the right to record dialogue in Community Forums. YANDTROCKS.COM is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, YANDTROCKS.COM may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. YANDTROCKS.COM reserves the right to remove communications that are abusive, illegal, disruptive, or that otherwise fail to conform to these Terms and Conditions. YANDTROCKS.COM reserves the right (but is not obligated) to edit or delete any communications posted on the YANDTROCKS.COM Website, regardless of whether such communications violate these standards for content.
Furthermore, YANDTROCKS.COM reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the YANDTROCKS.COM site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of YANDTROCKS.COM or others; or (iii) act in an emergency to protect the personal safety of our users or the public. YANDTROCKS.COM HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
YANDTROCKS.COM does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users, or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation, or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. YANDTROCKS.COM shall have the right, but not the obligation, to monitor any Community Forum areas of the Website to determine compliance with these Terms and Conditions and any other operating rules that may be established by YANDTROCKS.COM from time to time.
By posting messages or other material in any Community Forum areas of the Website, you are granting to YANDTROCKS.COM and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed.
Through your use of the YANDTROCKS.COM Community Forums, you are agreeing to all of the aforementioned Terms and Conditions of Use for such Community Forums contained herein.
You agree to defend, indemnify, and hold harmless YANDTROCKS.COM and its officers, directors, affiliated companies, employees, agents, licensors, and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
Termination of Privileges
YANDTROCKS.COM reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If YANDTROCKS.COM receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, YANDTROCKS.COM may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
General
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and YANDTROCKS.COM with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. YANDTROCKS.COM reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by YANDTROCKS.COM. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The Website is controlled and operated by YANDTROCKS.COM from its principal office in the State of California, United States of America. YANDTROCKS.COM makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject YANDTROCKS.COM to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.
YANDTROCK.COM PRIVACY POLICY
For each visitor to the Website, YANDTROCKS.COM’s servers automatically collect information about which pages are visited and the domain name (e.g. yoururl.com) of visitors. This information is used for internal review, to tailor information to individual visitors and for Website traffic audits.
YANDTROCKS.COM may place a “cookie” on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Website. YANDTROCKS.COM uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so YANDTROCKS.COM can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
Through your use of the Website, YANDTROCKS.COM may collect information about you that identifies you or your household. Normally, you would provide such information when specifically asked for it by YANDTROCKS.COM. Any information in YANDTROCKS.COM’s possession solely as a result of your use of the Website and that is associated with you or your household is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number, and email address) and information collected about how you use the Website(e.g. the fact that you have bought merchandise through the Website). It does not include aggregate information (e.g. the total number of household users older than 18 years, the zip code in which a user lives) or information that you have made public on the Website or that is otherwise publicly available.
YANDTROCKS.COM uses Personal Information only for purposes necessary to provide the Website and other products and services to you. These purposes are:
• to process requests or orders placed by you
• to perform such normal business operations as billing, collecting, and accounting
• to personalize and publicize the Website based on your interests, including making you aware of special features, advertisements, and commercial items
• to investigate complaints and to protect the Website and YANDTROCKS.COM, its readers and employees as provided by law or in case of emergency, as determined by legal counsel for YANDTROCKS.COM
Except as necessary to process your requests or orders placed through the Website, YANDTROCKS.COM does not rent, sell, barter, or give away any lists containing Personal Information for use by any outside company. YANDTROCKS.COM also respects the privacy of data on your personal computer and does not access, read, upload, or store data contained in or derived from your private files without your authorization.
Links
The YANDTROCKS.COM Website contains links to other Websites. YANDTROCKS.COM is not responsible for the privacy practices or the content of such Websites, including any Websites that may indicate a special relationship or partnership with YANDTROCKS.COM (such as fan-created pages, co-branded pages, or “powered by” or “in cooperation with” relationships). YANDTROCKS.COM does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to YANDTROCKS.COM’s control. To ensure protection of your privacy, always review the privacy policy of the Websites you may visit by linking from the YANDTROCKS.COM site.
Opt Out Procedures
You always may opt out of receiving future mailings or other information from YANDTROCKS.COM. If the mailing does not have an email cancellation form, reply to email with “REMOVE” in the subject field, and in the body of the email detail the type of information that you no longer desire to receive.
Children’s Privacy
The following additional terms, conditions, and notices apply to use of the Website by children under the age of 13 years whenever YANDTROCKS.COM becomes aware that a user is in that age range:
• Users under 13 years of age may not submit or post information on the Website without the consent of the user’s parent or legal guardian.
• Although YANDTROCKS.COM will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 13 years old, no method is foolproof. YANDTROCKS.COM strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
• “Personal information” collected from children may include any of the information defined above as “Personal Information” with respect to general users of the Website and may be used by YANDTROCKS.COM for the same purposes. Except as necessary to process a child’s requests or orders placed through the Website, YANDTROCKS.COM does not rent, sell, barter, or give away any lists containing a child’s Personal Information for use by any outside company.
• If a child enters a game, contest, or other activity sponsored by YANDTROCKS.COM on the Website, the child may be required by YANDTROCKS.COM to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
• A child’s parent or legal guardian may request YANDTROCKS.COM to provide a description of the Personal Information that YANDTROCKS.COM has collected from the child, as well as instruct YANDTROCKS.COM to cease further use, maintenance, and collection of Personal Information from the child.
• If a child voluntarily discloses his or her name, e-mail address, or other personally-identifying information on chat areas, bulletin boards, or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
General
These Terms and Conditions constitute the entire agreement and understanding between you and YANDTROCKS.COM with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. YANDTROCKS.COM reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by YANDTROCKS.COM. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Website is controlled and operated by YANDTROCKS.COM from its principal office in the State of California, USA. YANDTROCKS.COM makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject YANDTROCKS.COM to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.
Contacting Us
If you have any questions about this privacy statement, the practices of the YANDTROCKS.COM site, or your dealings with YANDTROCKS.COM, you may contact us via the Website contact form or by post at:
Y&T
5255 Stevens Creek Blvd #233
Santa Clara, California 95051 USA