EG Media Investments, LLC (herein “RocknGem.com”), the owner of RocknGem.com and other related sites, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing RocknGem.com or its services, at any time and at its sole discretion. EGMedia Investments, LLC reserves the right to make changes without notice. Such changes will be effective upon posting the revised Agreement on RocknGem.com. Members are encouraged to review the Agreement from time to time for any possible changes. Members should discontinue use of RocknGem.com if they do not agree to any terms of this Agreement.
The Services offered by EG Media Investments, LLC (“EG Media Investments, LLC ” or “we”) include the EG Media Investments, LLC Website (the “Website”) and any other features, content, or applications offered from time to time by EG Media Investments, LLC in connection with the Website (collectively, the “Services”). RocknGem.com is not intended for commercial use. The features and tools are structured and developed for the individual. If you wish to utilize the services EG Media Investments, LLC has for commercial purposes, please contact customerservice@RocknGem.com for further information. If a member uses RocknGem.com for anything other than personal purposes, EG Media Investments, LLC does not guarantee access, functionality, or updating capability. Please see Section 21 for further warranty information.
- Eligibility: Use of and Membership in the Services is void where prohibited. By using the Services, Member represents and warrants that (a) all registration information submitted is truthful and accurate; (b) they will maintain the accuracy of such information; (c) Member is 18 years of age or older; and (d) use of the Services does not violate any applicable law or regulation. All required fields must contain true, accurate, current and complete information. If EG Media Investments, LLC believes that untrue, inaccurate, outdated, or incomplete information has been provided, EG Media Investments, LLC may immediately, and at their sole discretion, suspend the Member account without notice.
- Disclosure of Information: EG Media Investments, LLC reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect EG Media Investments, LLC’s systems and customers, or to ensure the integrity and operation of EG Media Investments, LLC’s business and systems, EG Media Investments, LLC may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content. By use of EG Media Investments, LLC’s website, the Member agrees to such access and disclosure by EG Media Investments, LLC. Any personal information the Member chooses to disclose to another Member is at their sole risk.
- Zero Risk Subscription: If you are not happy with your subscription or wish to cancel at any time, send us an email at email@example.com and we would gladly refund the amount for all unfulfilled issues.
- Auto Renewal: Through the Auto Renewal feature you continue to receive your magazine subscriptions. This means we automatically renew your subscription right before it expires. Before each renewal, you will receive an email 10 days prior to the expiry of the subscription stating the renewal rate/term then in effect.
- Password: When Members register on RocknGem.com , they will also be asked to choose a password. The Member is entirely responsible for maintaining the confidentiality of the password. Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify EG Media Investments, LLC immediately if they suspect any unauthorized account use or access to the password. The Member is solely responsible for any and all use of the registered account.
- Member Disputes: Members are solely responsible for their interactions with other EG Media Investments, LLC Members. EG Media Investments, LLC reserves the right, but has no obligation, to monitor disputes between Members.
- Investigation: EG Media Investments, LLC reserves the right, but assumes no obligation, to monitor any activity and content associated with RocknGem.com. EG Media Investments, LLC may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from RocknGem.com. EG Media Investments, LLC reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In the event that the Member suffers damages from this investigation in any way, Member agrees that EG Media Investments, LLC shall not be liable to Member for such damages, in any circumstances.
- Fees: Membership on RocknGem.com is free. Please review the RocknGem.com Help Section for information about any applicable fees. All online subscription fees are non-refundable. All fees are in U.S. dollars unless otherwise stated. Fees are subject to change at any time, without notice. Please see RocknGem.com Help Section often for any updated information. All fees are payable upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card or PayPal. By utilizing services on RocknGem.com in which a fee may be charged, Member authorizes EG Media Investments, LLC to charge the credit or debit card on file for any fees due. All expired credit cards are subject to bank verification and will be charged accordingly.
- Term EG Media Investments, LLC reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. This Agreement shall remain in full force and effect, even after Membership is terminated, by either party, for any reason.
- Termination: EG Media Investments, LLC, in its sole discretion, may terminate this Terms of Service Agreement, access to RocknGem.com or its services, any Forum post, or any current sales or orders immediately without notice for any reason.
- Proprietary Rights in Content on RocknGem.com: By displaying or publishing (“posting”) any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, Member hereby grants to EG Media Investments, LLC a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time such Content is removed from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by Member may remain on the EG Media Investments, LLC servers after Member has removed the Content from the Services, and EG Media Investments, LLC retains the rights to those copies. Member represents and warrants that:
- The Member owns the Content posted by the Member on or through the Services or otherwise has the right to grant the license set forth in this section, and
- The posting of Member’s Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Member agrees to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by the Member to or through the Services.
The Services contain Content of EG Media Investments, LLC (“EG Media Investments, LLC Content”). EG Media Investments, LLC Content is protected by copyright, trademark, patent, trade secret and other laws, and EG Media Investments, LLC owns and retains all rights in the EG Media Investments, LLC Content and the Services. EG Media Investments, LLC hereby grants the Member a limited, revocable, non-sub-licensable license to reproduce and display the EG Media Investments, LLC Content (excluding any software code) solely for Member’s personal use in connection with viewing the Website and using the Services.
The Services contain Content of Members and other EG Media Investments, LLC licensors. Except for Content posted by the Member, the Member may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
- Reservation of Rights: No reservation of rights hereunder by EG Media Investments, LLC shall imply an obligation on the part of EG Media Investments, LLC to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of EG Media Investments, LLC’s right to exercise same at a later date.
- Disclaimers: EG Media Investments, LLC is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on EG Media Investments, LLC may contain links to other websites. EG Media Investments, LLC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EG Media Investments, LLC. Inclusion of any linked, third-party website on EG Media Investments, LLC does not imply approval or endorsement of the linked website by EG Media Investments, LLC. When Members access these third party sites, they do so at their own risk. EG Media Investments, LLC takes no responsibility for collection and dissemination of information by third party websites, third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. EG Media Investments, LLC is not responsible for the conduct, whether online or offline, of any User of the Services. EG Media Investments, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Member communication. EG Media Investments, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other services due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall EG Media Investments, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a EG Media Investments, LLC event, from any Content posted on or through the Services, or from the conduct of any Members of the Services, whether online or offline. The Services are provided “AS-IS” and as available and EG Media Investments, LLC expressly disclaims any warranty of suitability, fitness for a particular purpose or non-infringement. EG Media Investments, LLC cannot guarantee and does not promise any specific results from use of the Services.
- Limitation on Liability: In no event will EG Media Investments, LLC be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if EG Media Investments, LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, EG Media Investments, LLC’s liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to EG Media Investments, LLC for the Service during the term of membership.
- General Provisions:
- No Agency: EG Media Investments, LLC is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of EG Media Investments, LLC
- Severability: If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver: Nothing contained herein shall be construed as a waiver by EG Media Investments, LLC of any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by an authorized EG Media Investments, LLC agent. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. EG Media Investments, LLC’s failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of EG Media Investments, LLC’s right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
- Copyrighted Confidential Information: EG Media Investments, LLC is the owner of RocknGem.com and all pages therein. All information contained herein is considered confidential and proprietary information and is the product of immeasurable time and skill provided by EG Media Investments, LLC and its agents (“Confidential Information”). Member understands that misappropriation of such Confidential Information would cause irreparable damage to EG Media Investments, LLC. As a condition of joining RocknGem.com, Member understands that the materials on this site are confidential, proprietary and protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of EG Media Investments, LLC is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.
- No Warranties: RocknGem.com and all Services available therein are provided on an “as is, where is” basis. EGMedia Investments, LLC makes no representations or warranties express, implied or otherwise, including but not limited to:
Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- Any guaranty or implied warranty that RocknGem.com or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- Any guaranty or implied warranty that the information, content, materials, or products included on the site will be as represented, available for sale lawful to sell
- Any implied warranty arising from the course of dealing or usage of Trade services; and
- Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of EG Media Investments, LLC to the full extent permissible under applicable law, EG Media Investments, LLC disclaims any and all such warranties.
- Online App Transactions: Your chosen terms will automatically renew unless auto-renew is cancelled in your subscription area 24 hours before the end of the current subscription You can choose a different subscription offering in your device account settings, or tap Cancel Subscription to cancel your subscription. If you cancel, your subscription will stop at the end of the current billing cycle.
- Indemnity/Limitation of Liability:
Indemnity and Defense: You agree to defend, indemnify and hold harmless EG Media Investments, LLC and its affiliates, (and their respective employees, directors, agents, representatives, successors and assigns) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
- Limitation of Liability: In no event shall EG Media Investments, LLC be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if EG Media Investments, LLC has been advised of the possibility of same.
- Applicable Law: RocknGem.com and the Services are arranged, sponsored, or managed by EG Media Investments, LLC in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
- Termination: EGMedia Investments, LLC, in its sole discretion, may terminate this Agreement, access to Rock & Gem or its Services, or any current transactions immediately, without notice for any reason.
- Frequency of Publication: Rock and Gem reserves the right to modify the content, type and availability of any print publications at any time. Frequency of magazine issues is subject to change without notice. Some issues count as double issues, in Rock and Gem’s discretion. We reserve the right to withdraw or change your subscription pursuant to frequency of publication at any time.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.