Please read these Terms of Service (these "TOS") carefully, as they they constitute a legally binding agreement between you ("you", "your", or "user") and the Roc Nation Distribution, LLC ("Company," "we", "us" or "our").
These TOS, together with any Modifications (as defined below), as well as all policies posted on https://www.rocnationdistro.com (including, but not limited to our Privacy Policy) and incorporated by reference herein, set out the terms on which Company offers you access to, and use of, the website hosted user interface located at https://www.rocnationdistro.com and all relevant domains, sub-pages, content, and functionality associated with the foregoing and the features, offerings, and other services included in connection therewith (the "Service").
We reserve the right to revise these TOS at any time and from time to time, for any reason in our sole discretion by any written announcement or notice or by posting an updated TOS on the Platform without advance notice to you (the "Modifications"). These changes become effective immediately and, if you use the Service after the Modifications become effective, it will signify your agreement to be bound by the Modifications. It is your responsibility to monitor and periodically check for changes to these TOS by consulting the "Last Modified" date at the top of this page.
THESE TOS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU AFFIRM, REPRESENT AND WARRANT (A) THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TOS (ALONG WITH ANY MODIFICATIONS AND/OR ADDITIONAL TERMS, POLICIES AND AGREEMENTS REFERENCED HEREIN), INCLUDING THE ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL, (B) THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND MEET ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS, AND (C) THAT YOUR ACCESS AND USE OF THE SERVICE IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.
IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TOS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE SERVICE.
1. User Information. In the course of your use of the Service, you may be asked to provide certain personal information to us ("User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference. We will not knowingly collect personally identifiable information from any person that is actually known to be under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. We reserve the right to deny access and use privileges with respect to the Service to anyone (and to suspend, restrict or terminate an existing account) at our sole and absolute discretion, and without notice. We reserve the right to refuse or revoke permission to use the Service and to remove any other privileges at any time and for any reason. We will not be liable if, for any reason whatsoever, any part of the Service is unavailable at any time or for any period. To access the Service, you may be asked to provide User Information. It is a condition of your use of the Service that the User Information you provide is correct, current, and complete.
2. Licensed Content. You may upload to the Service content and materials, including, but not limited to, sound recordings and the musical compositions embodied therein, as well as audiovisual and other content (collectively, the "Licensed Content"). You understand and agree that you are fully responsible for any Licensed Content you submit or contribute to the Service, including its legality, reliability, accuracy, and appropriateness. We reserve the right, in our sole discretion, to prohibit you from uploading Licensed Content or to remove or disable Licensed Content from the Service in our sole discretion without notice.
3. Grant of Rights. By uploading Licensed Content to the Service, you grant Company the exclusive, sublicensable and worldwide license to use, publicly perform, communicate to the public, publicly display, reproduce, disseminate, distribute and otherwise exploit the Licensed Content via all means of electronic distribution, digital distribution, electronic streaming, or other online or wireless transmission (including via both interactive and non-interactive streaming, downloads, and so called "user generated content”), and collect all revenue generated in connection therewith by the Service. Without limiting the generality of the foregoing, you grant to Company and its affiliates the irrevocable, worldwide, right and license (inclusive of the ability to sublicense on the terms provided herein) to do the following, as well as all ancillary and related services thereto:
1. Enter into licensing arrangements with digital service providers ("DSPs") for the use of Licensed Content (you acknowledge that, in connection with such licenses with DSPs, Licensed Content shall remained licensed for the duration of each applicable "term" thereof);
2. Enforce all intellectual property rights and settle claims of copyright infringement with respect to the Licensed Content;
3. Issue synchronization licenses with respect to the Licensed Content;
4. Adapt, modify, create derivative works from, and extract your Licensed Content;
5. Use your name, image, voice, performance, likeness and/or biographical material for marketing or promotional purposes relating to the Licensed Content;
6. Collect and use data relating to Licensed Content, in whole or in part, whether or not aggregated or anonymized, in connection with any and all lawful purposes.
For the avoidance of doubt, and without limiting anything contained in section 8 of these TOS, by uploading Licensed Content to the Service, you acknowledge and agree that you are not, and shall not be deemed to be, an exclusive recording artist, employee, or representative of Roc Nation Distribution or any of its affiliates. Your use of the Service does not grant you any partnership, agency, endorsement or contractual relationship with Roc Nation Distribution beyond the scope expressly provided in these Terms of Service. You may not state or imply that you are "signed" or otherwise affiliated with Roc Nation Distribution, nor may you use any trademarks, logos, copyrighted materials, or other intellectual property belonging to Company without prior written consent.
4. Licensed Content Obligations. With respect to the Licensed Content, you hereby represent and warrant that:
1. You own or control all rights in and to your Licensed Content and you have obtained all rights, licenses, consents, waivers and permissions necessary, including, without limitation, from any performing rights organizations, record labels, music publishers, featured artists, songwriters, music producers, mixers, remixers, engineers or other creators, to use, and to authorize Company to use and sublicense, such Licensed Content, including as set out in the Grant of Rights;
2. Your Licensed Content and the availability thereof in connection with the Service complies with these TOS and does not and will not infringe or violate the rights of any third party, including any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information;
3. You have obtained any and all necessary consents, permissions, releases and waivers from any and all contributors and other persons appearing in your Licensed Content in order to include their name, image, voice, performance, likeness, and/or biographical material in such Licensed Content and to publish and otherwise exploit such Licensed Content in connection with the Service;
4. Company shall not be required to make any payments relating to, arising out of, or in connection with the exploitation of your Licensed Content in accordance with these TOS and you shall be responsible for paying all royalties, commissions, fees or other monies due to any appropriate third parties in connection with the publication, reproduction, public performance, communication to the public and all other uses of such Licensed Content;
5. Your Licensed Content is not and will not be unlawful, abusive, libelous, defamatory, pornographic, or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;
6. Your Licensed Content does not and will not create any liability on the part of Company or its affiliated parties; and
7. The performance of your obligations under these TOS will not conflict with your obligations under any other agreement to which you are a party.
5. Revenue Share. In consideration for Company's obligations and provision of the Service, Company shall be entitled to retain fifteen percent (15%) of Gross Revenue (the "Distribution Fee"). After deduction of the Distribution Fee, Company shall pay you One Hundred Percent (100%) of Net Revenue (as defined below) ("Licensor Revenue Share"). "Gross Revenue" means all sums actually received by Company in respect of Licensed Content. "Net Revenue" means Gross Revenue less: (a) the Distribution Fee; (b) any taxes Company is legally required to collect, withhold or pay, including, without limitation, transaction taxes and other taxes; (c) reasonable credits and refunds; (d) any sales agent and any third party commissions and fees (including all platform and app store fees and commissions and fees); and (e) any direct third party costs associated with the hosting, marketing and advertising of the Licensed Content. Company may deduct from the Licensor Revenue Share any fees or royalties, if any, that Company pays to rights holders in connection with the Licensed Content. Notwithstanding the foregoing, Company shall have no obligation to issue a payment to you unless and until the Licensor Revenue Share due to you equals or exceeds One Hundred US dollars ($100.00). Any unpaid amount below this threshold will automatically roll over to the next payment cycle and will be included in your next scheduled payout once the cumulative balance meets or exceeds that threshold. In addition, Company reserves the right to withhold or delay payment of any Licensor Revenue Share (in whole or in part) if: (y) we receive notice of a bona fide third-party claim relating to such royalties or the underlying Licensed Content, or (z) we have a reasonable basis to suspect that the funds arise from fraud, manipulation, or other violation of these TOS or applicable law. Any withheld funds may be retained until the dispute or investigation is resolved to our satisfaction.
6. Termination. Notwithstanding anything to the contrary set forth in these TOS, we may terminate access to all or any part of the Service at any time, and/or block or prevent future access to and use of the Service, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of these TOS shall survive and (b) the provisions of these TOS that by their nature are intended to survive termination shall so survive. Specifically, you agree not to use the Service if you are located in, or are a resident or national of, any country or region subject to comprehensive sanctions by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), including but not limited to Cuba, Iran, North Korea, Syria, Russia, and the Crimea, Donetsk, and Luhansk regions of Ukraine. You also agree not to use the Service on behalf of or in coordination with any individual, entity, or organization that appears on OFAC's Specially Designated Nationals ("SDN") List, or other restricted party lists, including the Non-SDN Chinese Military-Industrial Complex Companies List, the Sectoral Sanctions Identifications ("SSI") List, and similar lists. By using the Service, you represent and warrant that you are not on any OFAC list and are not otherwise prohibited from receiving U.S. services under applicable sanctions laws. We reserve the right to terminate or restrict access to the Service for any user, at our sole discretion, in order to comply with sanctions obligations.
7. Account Access. In order to participate in certain aspects of the Service, you can, but are not obligated to, provide us with an email address or telephone number to identify your account, and provide certain additional information, as prompted by our user registration, payment, or shipping process. All registration and account information you submit must be truthful and accurate, and you agree to maintain, keep current and promptly update the accuracy of such information as necessary. We may require you to provide additional information and/or documentation, including as may be required under any laws, statutes, ordinance, rules, regulations, code, or any requirements of a government entity. If you do not provide complete and accurate information and/or documents in response to such a request, we may suspend, terminate, lock, or otherwise restrict your account or refuse to permit you access to or use of the Service. You agree and understand that, to the extent that you provide us with contact information, we will communicate with you via electronic means (including, but not limited to email and text messaging). To ensure that you receive all of our communications, you agree to keep your email address and phone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications sent to your email address on record with us is considered valid.
8. Proprietary Rights. As between you and us, we own, solely and exclusively, all right, title and interest in and to the Service and all elements thereof, including any and all graphics, images, text, files, designs, systems, methods, information, computer code, software, scripts, services, marks and branding, the selection and arrangement thereof, including all intellectual property and proprietary rights (whether registered or unregistered, in any jurisdiction) related to any of the foregoing. All rights in and to the Service not expressly granted to you under these TOS are expressly reserved. Your use of the Service does not grant to you any right, title or interest in any element thereof, and we (or our applicable licensors, partners, or affiliates) own and retain all right, title and interest (including all intellectual property and proprietary rights) therein and thereto. These TOS allow you to access the Service for your own, personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of parts of the Service.
9. Third Party Websites. The Service may contain links or connections to Third Party Websites, and Third Party Websites may link to the Service. As used herein, "Third Party Websites" means all websites, mobile websites, mobile and web applications, and services owned, operated, or provided by any third party, including any such website, application or service operated or provided by a third party under license from us or any of our affiliates. The inclusion in the Service of any link to a Third Party Websites does not constitute an endorsement or sponsorship by us of such to Third Party Websites, or the information, content, products, services, advertising, code or other materials presented on or through such to Third Party Websites. Any reliance on the content of Third Party Website is done at your own risk. For the avoidance of doubt, any use of third party payment vendors on the Service is subject to the terms and conditions specified in each such third-party payment vendor's terms and conditions.
10. Subcontractors. These TOS hereby incorporate each Subcontractor's respective terms of service, privacy policies, and community guidelines (collectively, the "Subcontractor Terms", which may change from time to time without notice). Your use of the Services is at all times subject to the Subcontractor Terms as well as Company's privacy policy, copyright guidance and any community guidelines (collectively, the "Company Additional Terms"). If there is any conflict between these TOS, the Subcontractor Terms, and the Company Additional Terms, the order of precedence shall be: first the terms of these TOS, then the terms of the Company Additional Terms, and then the Subcontractor Terms.
11. Representations and Warranties. In addition to any representations and/or warranties set forth elsewhere in these TOS, you represent and warrant that at all relevant times: (a) neither your performance under these TOS, nor your use of the Service in accordance with the terms herein, has violated or will violate any applicable law; (b) you are of legal age, in the jurisdiction in which you reside, to enter into a binding contract (and in any event are older than eighteen (18) years of age); and (c) you have full legal authority without any further action or other party's consent to enter into and perform this agreement and to give these representations and warranties; if you are an entity, the individual transacting on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed.
12. General Release of Claims. You do hereby irrevocably and unconditionally release, cancel, and forever discharge Company and its directors, officers, employees, subsidiaries, affiliates, agents, and representatives from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which you may have, may have had, or may in the future obtain, arising out of or relating to any acts, omissions, agreements, or events relating in any manner to the Service, except for the right to enforce these TOS. Without limitation on the foregoing, you have been made aware of, fully understand, and expressly, knowingly, and intentionally waive any and all rights, benefits, and other protections afforded by Cal. Civ. Code § 1542 which states "a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party" and of any other analogous federal or state statute or common law principle that limits the scope of a general release.
13. Disclaimer of Warranties. The Service is provided on an "As Is" and "As Available" basis without any guarantee, representations or warranties by us. You should not take, or refrain from taking, any action based on any information contained on the Service, or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. We offer the Service as a convenience. Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing the Service and in maintaining continuity of such access.
14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN " AS IS " AND "AS AVAILABLE " BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INTERFACE OR THE SERVICE, AND (II) HEREBY DISCLAIM, AND HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO THE SERVICE.
15. WE FURTHER DO NOT WARRANT OR GUARANTEE THAT:
1. THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS AVAILABLE WILL MEET YOUR EXPECTATIONS;
2. ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;
3. THE SERVICE OR ANY SERVICES, CONTENT, FUNCTIONS, OR MATERIALS AVAILABLE THROUGH THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
4. ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR
5. THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TOS, (B) THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION, OR FUNCTIONS AVAILABLE THROUGH THE SERVICE, (C) YOUR PROVISION OF INFORMATION VIA THE SERVICE; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICE; (E) ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICE, OR (F) LOST PROFIT, BUSINESS OR SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
17. Indemnification. You agree to defend, indemnify on demand and keep Company and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, members, providers, suppliers and licensors (collectively, the "Released Parties") indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) any breach or alleged breach by you, or any other person who is under common control with you, of any of your representations, warranties, covenants or agreements in these TOS, including with respect to the representations and warranties made in connection with the Licensed Content, (b) your use of or reliance on the Service or any services, content, functions, information, materials, or products available through the Service, (c) your placement or transmission of any transaction, message, content, information, software or other materials through the Service, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these TOS.
18. Governing Law. These TOS and the relationship between you and us shall be governed by and construed in accordance with the laws of the state of New York applicable to contracts entered into and performed in New York by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9) to the extent provided above. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS.
19. Dispute Resolution. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to help@rocnation.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth herein. Any claim or controversy arising out of or relating to the use of the Service, these TOS, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability ("dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in New York, New York, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a Federal District Court or a New York state court located in New York County, New York. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.
20. WAIVER OF JURY TRIAL. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, WITH RESPECT TO IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
21. Injunctive Relief. You agree that a breach of these TOS will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. You are not entitled to seek equitable relief.
22. Severability. Wherever possible, each provision of these TOS shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these TOS shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of these TOS, but these TOS shall be construed as if such unenforceable provision had never been contained herein.
23. Assignment. We have the unrestricted right to assign these TOS, and/or any of the rights granted hereunder, in whole or in part, to any entity as we may determine from time to time in our sole discretion. You may not assign these TOS.
24. Miscellaneous. We both agree: (a) these TOS incorporate the applicable Privacy Policy and any other terms applying to your use of the Service by reference; (b) captions are inserted for reference and convenience only and in no way define, limit, or describe the scope of these TOS or intent of any provision; (c) a waiver by us of any term or condition of these TOS in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof; (d) these TOS shall not give any right or remedy to any third party whatsoever unless said right or remedy is specifically granted by us in writing to such third party; (e) these TOS contain our entire understanding relating to the subject matter hereof; (f) we may from time to time in the future offer additional products, and such additional products shall be considered included as these TOS, regardless of whether such product is specifically defined in these TOS and (h) we reserve the right to, with or without notice to you, to modify, substitute, eliminate or add to the Service; (ii) to review, modify, filter, disable, delete and remove any and all content and information from the Service.
25. Further Inquiries. You may direct questions about these TOS, or other issues, to: help@rocnation.com.