Rocudo Terms of Service

Last updated: 22 October 2008

Acceptance of Terms

Welcome to Rocudo: the home of online music engagement (the “Rocudo Platform”), which is operated by Rocudo Limited. By using the Rocudo Platform you accept and agree to be bound by the following terms and conditions (the "Terms").

Changes to rocudo.com and the Terms of Use

Rocudo reserves the right to change, modify or otherwise alter these Terms at any time with or without notice. It is your responsibility to check regularly for any updates to these Terms. The latest update date will always be displayed at the top of this document. By continuing to use Web site after any such changes, you indicate your acceptance of the new Terms.

Description of Service

Rocudo is a web-based music platform designed to help music enthusiasts discover new music Artists and engage directly with them via key technology components:

• Rocudo Web Site, www.rocudo.com Rocudo's web site makes it simple to find music, DJ tools and people. For Artists, Rocudo is about tracking where their music is turning up and how each potential new Fan is reacting to it.
• Widgets Rocudo Widgets make Rocudo music "movable" from the Rocudo web site to millions of web social networking pages for music sharing fun for the Fan and maximum online exposure for the Artist.

Conditions for Use

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Rocudo Platform.

Registration and Age Eligibility

Registration is free of charge and you will be required to fill in minimal basic information to register.

Rocudo membership is available to over 12's only. As part of the Registration process you will be asked to accept these Terms by accepting this Agreement and you hereby warrant that you are 13 years or over.

Personal Use

The Rocudo Platform is for your personal use only. You may not use the Rocudo Platform for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the Republic of Ireland or your country of residence. You are solely responsible for your conduct and any and all content that you submit to the Rocudo Platform.

Username Security

You are responsible for all activities occurring under your username and for keeping your password secure. Rocudo reserves the right to refuse you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is offensive or otherwise inappropriate.

General Conduct

You hereby agree NOT to:

• Encourage illegal activity or that would violate the property rights of others.
• Submit content of any third party without such party's prior written consent.
• Create a false identity for the purpose of misleading others or to collect information about others.
• Email or otherwise transmit content containing software viruses, Trojan horses or programs designed to impair the functionality of the Rocudo Platform.
• Attempt to gain unauthorized access to the Rocudo Platform through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Rocudo Platform, or use any robot, site search/retrieval application, or other device to retrieve or index any portion or the Rocudo Platform.
• Repost any portion of the web pages that are part of the Rocudo Platform.
• Disseminate 'junk mail', 'spam', 'chain letters' or any other form of such solicitation.
• Harvest or collect email addresses or other users’ contact information from the Rocudo website by any means.

Advertising

Rocudo reserves the right to display commercial advertisements on its Website pages in its sole discretion.

Service Suspensions

Rocudo will make reasonable efforts to keep the Rocudo Platform operational. However, technical difficulties, routine maintenance and other events may, from time to time, result in temporary service interruptions. Rocudo also reserves the right at any time to modify or discontinue, temporarily or permanently, functions of the Rocudo Platform with or without notice. You agree that Rocudo shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Rocudo Platform.

Data Protection

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.

Complaints Procedure

We respect the ownership of copyright and other intellectual property rights of others and have endeavoured to acquire the consent of the copyright owners to the content provided on the Rocudo Platform. We will upon notice of any actual or potential infringement of copyright in such content either seek to acquire the consent of the copyright owner to use such content or, if this is not possible, immediately remove the infringing or potentially infringing content from the Rocudo Platform.

If you believe that your work or the work of a third party has been used on the Rocudo Platform in such a way that constitutes copyright infringement, contact us at content@rocudo.com and provide us with the written information specified below:

• A description of the copyrighted protected content that you believe has been infringed upon.
• A full description of where on the Rocudo Platform this content can be found.
• Your email address, telephone number and postal address.
• A written statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law and any other information we may reasonably require from you in order to enable us to resolve the issue in a fair and balanced manner.

Disclaimer of Warranties

Rocudo, and its affiliates, licensors, partners, suppliers, employees and consultants (the “Rocudo Business Partnership”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or content on the Rocudo Platform.

The Rocudo Business Partnership further expressly disclaims (1) that the Rocudo Platform will meet your requirements and will be uninterrupted, error-free or secure, (2) that defects or errors will be corrected, (3) that the Rocudo Platform is free of viruses or other harmful components.

The Rocudo Family expressly disclaims any and all responsibility and liability for the conduct of any other user, and expressly disclaims that the content on the Rocudo Platform uploaded by users is correct or accurate.

YOU AGREE THAT YOUR USE OF THE ROCUDO PLATFORM IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at Rocudo's request defend, Rocudo and its affiliates, and their respective owners, employees and agents, from and against any third party claim arising from or in any way related to your use of or conduct on the Rocudo Platform, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Rocudo will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE ROCUDO PLATFORM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL ROCUDO AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE ROCUDO PLATFORM, WHETHER OR NOT ROCUDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ROCUDO PLATFORM, FROM INABILITY TO USE THE ROCUDO PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ROCUDO PLATFORM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL ROCUDO BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING 100 HUNDRED EURO (€500.00)

Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Republic of Ireland. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Rocudo and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.