Private Web Site
Agreement
NOTICE TO AGENTS IS NOTICE TO PRINCIPALS.
NOTICE TO PRINCIPALS IS NOTICE TO AGENTS.
The RockDream.com Web Site (the "Site") is a private non commercial,
non corporate, non profit, private information and entertainment
creation "as is" freely provided by ("RockDream.com "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. RockDream.com MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
Site is non commercial, non corporate, non profit, for private
association and entertainment purposes. If at such time the Site
offers value in exchange for some monetary denomination, any and
all exchanges are to be considered donations as gifts to the private
unincorporated creator of RockDream.com, reserving All Rights, without
Prejudice, without Recourse.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site may be protected by international
copyright and trademark laws and common law of Wisconsin republic.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE, without prior written consent.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any proprietary copyright
or other notices from the materials. You agree to grant to RockDream.com
a non-exclusive, royalty-free, worldwide, perpetual "license" consent,
with the right to reproduce, distribute, transmit, create derivative
works of, privately/publicly display and privately/publicly perform
any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to RockDream.com by all means and in
any media now known or hereafter developed. You also grant to RockDream.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that
you shall have no recourse against RockDream.com for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to RockDream.com.
TRADEMARKS. Notice: Publications,
products, content or services referenced herein or on the Site
may be or have once been the exclusive trademarks or servicemarks
of each respective owner. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by RockDream.com, RockDream.comdoes
not operate, control or endorse any information, products or services
on the Internet in any way. Except for RockDream.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with RockDream.com
a. You also understand that RockDream.com cannot and does not guarantee
or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. RockDream.com PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND RockDream.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. RockDream.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
RockDream.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL RockDream.com BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF RockDream.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
RockDream.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
RockDream.com makes no representations whatsoever about any other
web site which you may access through this one or which may link
to this Site. When you access a non-RockDream.com web site, please
understand that it is independent from RockDream.com, and that RockDream.com
has no control over the content on that web site. In addition, a
link to a RockDream.com web site does not mean that RockDream.com
endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless, and or RockDream.com, its potential officers,
directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service. You agree to indemnify, defend and hold harmless private
unincorporated creator and or RockDream.com for any unforeseen natural
and/or man-made disasters affecting this website, and its Email
and website communications. COVENANT NOT TO SUE: You agree NOT to
institute, initiate, or assist the prosecution of any suit, claim
or action at law or equity, or otherwise against private unincorporated
creator and or RockDream.com and/or assignees for damages which
you or your heirs, executors, administrators, or assignees hereafter
may have arising from or in any way related to RockDream.com. This
release from liability includes loss, damage, or injury resulting
from the negligence of private unincorporated creator and or RockDream.com
and/or assignees from any other cause or causes.
INDEMNITY: You agree
to indemnify and hold harmless private unincorporated creator and
or RockDream.com and/or assignees from any and all losses, claims,
actions, or proceedings of any kind which may be initiated by yourself
and/or any other person or organization on your behalf against private
unincorporated creator and or RockDream.com and/or assignees. This
indemnification includes reimbursement of all legal costs and reasonable
“legal” fees incurred by private unincorporated creator
and/or to defend any such actions.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of RockDream.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6. Important Miscellaneous Stipulations
MEDIATION: You agree
that any controversy claim against the private creator and or RockDream.com
and/or assignees not released herein, arising out of or relating
to your participation in the Site, shall be settled by private men
of God in accordance with Matthew 18:15-17 of the Holy Bible, and
not by lawsuit or resort to any court process in any jurisdiction.
You agree that an administrative court is incapable of impartial
judicial judgment. This shall apply to all claims including allegations
that there have been wrongful acts or omissions by the private unincorporated
creator and or RockDream.com and/or assignees either intentionally
or otherwise. By agreeing to these Terms of Services, you are agreeing
that any issue or claim arising out of your participation with RockDream.com
shall be decided by neutral private mediation. You are waiving your
Right to a trial by a Jury or Judge; After mediation decision, any
potential legal action or proceeding between RockDream.com and you
for any purpose concerning this Agreement or the parties' obligations
hereunder, as may be considered not fully settled in mediation,
shall be brought exclusively in Wisconsin state common law court
of record as de jure competent jurisdiction required in
Wisconsin republic, America, and not any administrative court processing
chattel, which is incapable of impartial judicial judgment of and
for people (who are not fictitious corporate entities and or corporate
chattel property by law).
AGREEMENT RATIFICATION:
GOVERNING LAW: You
understand that this Agreement shall be construed and governed by
the laws of the de jure Wisconsin state Republic assembly,
without the United States [Title 28 Section 3002] or STATE OF WISCONSIN
[Federal Government(s), because of not intending to contract with
any de facto corporations] and that this agreement cannot
be modified unless in writing and signed by both parties.
ENTIRE AGREEMENT:
You understand that this Agreement contains all the promises and
agreements between the parties with regard to the release of the
private unincorporated creator and or RockDream.com and/or assigns
and you acknowledge there are no oral or written promises or agreements
outside of this Agreement regarding the release of said creator
and or RockDream.com and/or his assignees.
BINDING: You hereby
expressly recognize that this Agreement is binding. You have released
any and all claims against the indemnified parties resulting from
your participation in the Site, including any claims caused by the
negligence of the indemnified parties.
YOU HAVE CAREFULLY
READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. YOU CERTIFY THAT
YOU ARE 18 YEARS OF AGE OR OLDER, AND ACCEPT THIS AGREEMENT OF YOUR
OWN FREE WILL. ALL DONATIONS/MONEY RECEIVED FOR SERVICES OR OTHER
PRODUCTS ARE NON-REFUNDABLE. YOU RESERVE ALL YOUR RIGHTS NOT GIVEN
UP AND AGREED UPON IN THIS TOS/AGREEMENT.
By CONTINUING TO
USE the website, you agree to all of the Terms of Service for RockDream.com
PRIVATE website.
RockDream.com's failure
to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
music ministry practice shall act to modify any provision of this
Agreement. RockDream.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights
not expressly granted herein are reserved, retained.
EXCLUSIVE PRIVATE
NATURE IN SITE: You acknowledge the Private Nature of this Site.
Site is not a public creature or creature of any state or federal
legislature subject to said creators' control, monitoring and legal
fictions.
CONSENT To
Honor Private Creator With Love: You acknowledge that you
are fully and satisfactorily informed about what is offered by RockDream.com
and that you freely and willingly are choosing to use Site under
these terms and conditions [and in honor of the unincorporated private
realm of love and compassion for mankind]. You understand RockDream.com,
any assistants and or staff are not your fiduciaries and you shall
not expect the private Site to be administered with the standard
expected of corporate business professionals. If you feel that you
are not satisfied during your privileged use of the Site, you promise
to kindly inform the private creator care of c/o general Post, Waukesha,
Wisconsin [53186] immediately so that reasonable notice and opportunity
to respond may allow for kind compassionate care to improve Site
with love...
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