Terms of Service

Effective: 1 November, 2017

These Terms of Service (these “Terms”) are a legal agreement between you and Back Page Magazine, Inc. dba Rock Cellar Magazine. (“Rock Cellar Magazine”, “www.RockCellarMagazine.com“, we”, “our”, or “us”) governing your access to and use of Rock Cellar Magazine’s website entitled “Rock Cellar Magazine” (the “Website”) and the services we make available through the Website (the “Services”).

You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions. To download or access the Website, or otherwise use the Services you must be 18 years or over, or be 13 or older and have your parent or guardian’s consent to these Terms. In the case of inconsistencies between these Terms and information included in any other materials related to the Website or the Services (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

BY DOWNLOADING OR ACCESSING THE WEBSITES, OR BY OTHERWISE USING OR ATTEMPTING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Services

1.1 Description of Services.

The Services are comprised of a suite of services related, but not limited to news, entertainment, and music industries.

1.2 Supporting Users and Payouts.

(a) The Services include the right for users of the Services to support each other by sending each other money (“Support”). When you Support someone the amount of the money sent is deducted from your Rock Cellar Magazine Account (defined below) and added to the recipient’s Rock Cellar Magazine Account (minus a Rock Cellar Magazine fee, if noted). If your Rock Cellar Magazine Account has insufficient funds you can top-up using a credit card or PayPal. Top-ups are non-refundable.

(b) When you receive Support the amount is added to your Rock Cellar Magazine Account (minus the a Rock Cellar Magazine fee, if noted). At any time you can request to transfer the funds from your Rock Cellar Magazine Account to your bank Account (a “Payout”). Provided you are eligible, a Payout occurs once a month. You are eligible if you, (1) provide us with an active and verified PayPal account that is assigned to you, (2) have at least $50 in your Rock Cellar Magazine Account (top-ups are non-refundable and do not count towards the $50 minimum), and (3) have complied with these Terms. For the avoidance of doubt, when you violate these Terms you forfeit, and Rock Cellar Magazine may retain, the funds in your Rock Cellar Magazine account. Rock Cellar Magazine also has the right to (partially) withhold a Payout if Rock Cellar Magazine suspects fraud or if Support received in relation to the Payout is subject to a charge back (until the dispute has been settled). After two years of inactivity on the Website, or after 90 days following the termination of your Account, any amount retained in your Rock Cellar Magazine Account will be forfeited unless Rock Cellar Magazine determines otherwise, in its sole discretion. If you are not able to access your Account in order to process a Payout, please contact us at info@RockCellarMagazine.com.

To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information associated with your Account. You acknowledge that Rock Cellar Magazine is not responsible for the information collection, usage and disclosure practices of PayPal or any third-party payment processor. You are responsible for any charges assessed by your bank or payment provider. Rock Cellar Magazine’s Privacy Policy explains how the Company will treat your personal data and protect your privacy when you use the Services.

1.3 License

Subject to these Terms, Rock Cellar Magazine grants you a personal, limited, revocable, non-exclusive and non-transferable license to: (a) use the Website on a mobile device (“Mobile Application”), and (b) otherwise access, and use the Website solely as expressly permitted in these Terms or within the Website. This license is exclusive to you and you may not sublicense the use of the Website. Rock Cellar Magazine expressly retains all ownership rights, title and interest in and to all aspects of the Website and Services, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Website, as is binding by copyright law. You may not modify the Website, create derivative works of the Website, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Website that would reveal any source code, trade secrets, know-how or other proprietary information.

1.4 Registration

You may access certain of the Services through your account on the Website (your “Account”). You are solely responsible for any activities or actions taken on your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to us about yourself (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use an Account that you are not authorized to use. If you become aware of any unauthorized use of your Account, you agree to notify us immediately at info@RockCellarMagazine.com.

1.5 Changes to the Services

The Services that Rock Cellar Magazine provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. You agree that Rock Cellar Magazine may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Rock Cellar Magazine retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

1.6 Advertisements

The Services may include advertisements, which may be targeted to your Customer Data, the Content (defined below) or other information available through the Services, queries made through the Services, or other criteria. The types and extent of advertising on the Services are subject to change. Rock Cellar Magazine does not endorse, warrant or guarantee the products or services advertised through the Services (or any other third-party products or services advertised on or linked from the Services), whether or not sponsored, and Rock Cellar Magazine is not an agent or broker or otherwise responsible for the activities or policies of advertisers.

  1. Artists Shops Rules

These Terms are supplemented by our Artists Shops Rules, which are incorporated into these Terms by reference. Depending on how you use the Website and the Services, different Artists Shops Rules will apply to you.

Rules for Buyers – If you use the Services to browse or shop for products these policies apply to you.

Rules for Sellers – If you list any items for sale through the Services, these policies apply to you.

Rules for Promoters – If you use the Services to promote products, these policies apply to you.

All of these policies are a part of the Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

  1. Privacy

3.1 Privacy Policy

Any information that you provide to Rock Cellar Magazine (including information you provide with connecting the Services to a social networking service) is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Rock Cellar Magazine.

3.2 Communications

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.

3.3 Security

You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, Rock Cellar Magazine cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.

  1. Content

4.1 Provision of Content

The Services include the right to upload certain information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”). All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

4.2 Monitoring Content

We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Rock Cellar Magazine be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

4.3 Rights to Content

You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Rock Cellar Magazine needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license includes the right for Rock Cellar Magazine to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Rock Cellar Magazine for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Rock Cellar Magazine, or other companies, organizations or individuals who partner with Rock Cellar Magazine, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

4.4 Your Responsibility for Content

You are responsible for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Rock Cellar Magazine will not be responsible or liable for any use of your Content by Rock Cellar Magazine in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content in connection with the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify and hold Rock Cellar Magazine harmless for any claims suffered by Rock Cellar Magazine in connection with Content you provide in connection with the Services.

  1. Inviting Others

We may offer you the opportunity to invite users to view your Content or otherwise enjoy the Services. We may also offer you the opportunity to invite other contacts to become a user of the Services. If you choose to invite a person using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you choose to send such invitations, you represent to Rock Cellar Magazine that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.

  1. Restrictions

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate you access to the Services, at any time without liability to you. You agree that you will NOT post Content that:

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  • Promotes discrimination, hatred or harm against any individual or group;
  • Is a direct and specific threat of violence to others;
  • Is defamatory, obscene, pornographic or contains nudity;
  • Is furtherance of illegal activities; or
  • Is harassing, abusive, or constitutes spam.

In addition to the above mentioned restrictions you must comply with any additional rules created by Rock Cellar Magazine and made available to you governing your use of the Services. You agree that you will not, and will not attempt to, do any of the following:

  • access, tamper with, or use non-public areas of the Services, Rock Cellar Magazine’s computer systems, or the technical delivery systems of Rock Cellar Magazine or Rock Cellar Magazine’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Rock Cellar Magazine (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Rock Cellar Magazine (NOTE: scraping the Services without the prior consent of Rock Cellar Magazine is expressly prohibited);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  • use, display, mirror or frame the Services or any individual element within the Services, Rock Cellar Magazine’s name, any Rock Cellar Magazine trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rock Cellar Magazine’s express written consent;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rock Cellar Magazine or any of Rock Cellar Magazine’s providers or any other third party (including another user) to protect the Services or Content;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Rock Cellar Magazine or other generally available third-party web browsers;
  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • use any meta tags or other hidden text or metadata utilizing a Rock Cellar Magazine trademark, logo URL or product name without Rock Cellar Magazine’s express written consent;
  • use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • exploit any person, including but not limited to exploiting any child under 18 years of age;
  • invade the privacy of any person, including but not limited to submitting personally identifying or private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
  • solicit personal information from a child under 18 years of age;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.
  1. Copyright Infringement

7.1 Claims of Copyright Infringement

Rock Cellar Magazine has adopted and implemented a policy as a service provider under the Digital Millennium Copyright Act (DMCA) that provides for the removal of content alleged to infringe third party copyrights in accordance with the takedown notification procedure set forth in Section 512(c) of the DMCA, and we also reserve the right to terminate, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to the DMCA takedown notifications alleging copyright infringement in accordance with Section 7.2 below must be sent to the service provider’s designated agent (and counter-notifications can be sent in accordance with Section 7.3 below) addressed as follows:

Notification must be submitted to the following:

Back Page Magazine dba www.RockCellarMagazine.com
21900 Plummer Street
Chatsworth, CA 91311
Email: info@RockCellarMagazine.com

7.2 Notice of Infringement

To be effective, the notification must be a written communication that includes the following:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.3 Takedowns and Counter-Notifications

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Website or by written communication to you. If you receive such a notice, and you believe that the content was taken down as the result of a mistake or misidentification of the content, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

(a) Your physical or electronic signature;

(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Rock Cellar Magazine may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

  1. Termination

The Terms will continue to apply until terminated by either you or Rock Cellar Magazine as permitted under these Terms. You may end your legal agreement with Rock Cellar Magazine at any time for any reason by deactivating your Accounts and discontinuing your use of the Services. In order to deactivate your Account, please contact us info@RockCellarMagazine.com.

We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will notify you through the Services the next time you attempt to access your Account. You agree that Rock Cellar Magazine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Website and Services, except that the following sections shall continue to apply: 6, 8, 9, 11, 12, and 13.

  1. Indemnity

You will indemnify and hold harmless Rock Cellar Magazine and its owners, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your Content, or (iii) your violation of these Terms.

  1. Disclaimers And Limitations Of Liability

Please read this section carefully since it limits the liability of Rock Cellar Magazine and its parents, subsidiaries, affiliates, related companies, owners, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Rock Cellar Magazine Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

10.1 Disclaimer of Warranties

Your access to and use of the Website and Services, or any Content made available in connection therewith, is at your own risk. You understand and agree that the Website and Services is provided to you on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind. Rock Cellar Magazine disclaims all warranties and conditions, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement, in connection with the Website and Services. Rock Cellar Magazine makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website, Services or Content; (ii) any harm to your computer system, mobile device, loss of data, or other harm that results from your access to or use of the Website or Services; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Rock Cellar Magazine Entities or through the Services, will create any warranty not expressly made herein.

10.2 Third Party Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rock Cellar Magazine Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, the Rock Cellar Magazine Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of your transmissions or Content. In no event shall the total aggregate liability of the Rock Cellar Magazine Entities to you in connection with the Services, Website, or Content exceed the greater of one hundred US Dollars ($100.00) or the amount you paid Rock Cellar Magazine, if any, in the past six months for the Services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Rock Cellar Magazine Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  1. Dispute Resolution

11.1 Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

11.2 Agreement to Arbitrate

You and Rock Cellar Magazine agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in this clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Rock Cellar Magazine are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Rock Cellar Magazine otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

11.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

11.4 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

11.5 Arbitration Location and Procedure

Unless you and Rock Cellar Magazine otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Rock Cellar Magazine submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

11.6 Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Rock Cellar Magazine will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

11.7 Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

  1. Terms for Mobile Application

12.1 Acknowledgment

Rock Cellar Magazine and you acknowledge that these Terms are concluded between Rock Cellar Magazine and you only, and not with Apple, Inc., or Google, Inc., or applicable third-party. Rock Cellar Magazine, not Apple, Google, or applicable third-party, is solely responsible for the Website and the content thereof. To the extent these Terms provides for usage rules for Website that are less restrictive than the Usage Rules set forth in, or otherwise is in conflict with, the App Store Terms of Service or the terms of service for other platforms providing access to the Mobile Application, the more restrictive or conflicting term applies.

12.2 Scope of License

The license granted to you for the Mobile Application downloaded through the Apple App Store is limited to a non-transferable license to use the Website on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

12.3 Maintenance and Support

Rock Cellar Magazine is solely responsible for providing any maintenance and support services with respect to the Website, as specified in these Terms (if any), or as required under applicable law. Rock Cellar Magazine and you acknowledge that neither Apple, nor any other party through whom the Mobile Application is made available, have any obligation to furnish any maintenance and support services with respect to the Mobile Application.

12.4 Warranty

Rock Cellar Magazine is solely responsible for any product warranties with respect to the Website, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple or Google or other third party, as applicable, and Apple or Google or applicable third party may refund the purchase price for the Mobile Application to you, if any; and to the maximum extent permitted by applicable law, neither Apple nor Google or applicable third party will have any other warranty obligation whatsoever with respect to the Website, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rock Cellar Magazine’s sole responsibility.

12.5 Product Claims

Rock Cellar Magazine and you acknowledge that Rock Cellar Magazine, not Apple, or Google, or applicable third-party, is responsible for addressing any claims of you or any third party relating to the Website or your possession and/or use of the Website, including, but not limited to: (a) product liability claims; (b) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit Rock Cellar Magazine’s liability to you beyond what is permitted by applicable law.

12.6 Intellectual Property Rights

Rock Cellar Magazine and you acknowledge that, in the event of any third party claim that the Website or your possession and use of the Website infringes that third party’s intellectual property rights, Rock Cellar Magazine, and not any other third party, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

12.7 Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. General Terms

The failure of Rock Cellar Magazine to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Rock Cellar Magazine’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Rock Cellar Magazine may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications provided by Rock Cellar Magazine under these Terms, including those regarding modifications to these Terms, may be given by posting to the Services. For any notices made by email or a similar method, the date of receipt will be deemed the date on which such notice is transmitted.

These Terms, along with the Artists Shops Rules, and our Privacy Policy are the entire and exclusive agreement between Rock Cellar Magazine and you regarding the Services (excluding any services for which you have a separate agreement with Rock Cellar Magazine that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Rock Cellar Magazine and you regarding the Services and Content.

We may revise these Terms from time to time, the most current version will always be at https://www.rockcellarmagazine.com/terms-of-service/. If you do not wish to be bound by any such revisions to the Terms, you must immediately terminate your access to, and use of, the Website and Services. By continuing to access or use the Websites or Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by Back Page Magazine dba Rock Cellar Magazine, 21900 Plummer Street, Chatsworth, California 91311.

If you have any questions about these Terms, please contact us info@RockCellarMagazine.com.