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Welcome to Rock n Doze, a peer-to-peer marketplace and online service. This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in Rock n Doze services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that Rock n Doze is not a party to any agreements entered into between sellers and buyers, nor is Rock n Doze an agent or insurer. Rock n Doze has no control over the conduct of other users of the service and disclaims all liability in this regard. Rock n Doze is a third-party booking marketplace that connects musicians, bands and music fans with hosts. We do not assume liability for musicians, bands, fans, hosts and/or guests and solely act as a connecting marketplace online.
Rock n Doze allows all users to use their PayPal account to buy or accept payments for services on Rock n Doze. PayPal collects all payment information. Rock n Doze does not collect any payment information.
Rock n Doze fee is 10% of total transaction. PayPal fee is 2.9% + $0.30 of total transaction. State's sales tax also apply.
USERS WHO RENT ROOMS/HOMES MUST PAY HOSPITALITY, LODGING AND/OR ANY OTHER TAXES TO APPROPRIATE CITY AND STATE GOVERNMENT FOR WHICH THEY ARE RENTING PROPERTY. ROCK N DOZE DOES NOT COVER CITY AND STATE HOSPITALITY, LODGING AND/OR ANY OTHER TAXES.
cancellations should be on a case by case basis. Whenever you list your room or space, clearly identify if you have a cancellation policy, and if you do the
terms. Users should notify the other party as quickly as possible if they need
to cancel or receive refund. We have to have a copy of cancellation policy and we will reinforce in terms of policy, if no policy is received, we will require both parties consent of such policy. All refunds are done through PayPal. PayPal will keep their fixed fee for the transaction.
Rock n Doze requires all users have their own insurance to protect against damaged goods/property.ROCK N DOZE DOES NOT PROVIDE ANY INSURANCE FOR EITHER HOST OR GUEST, NOR DOES IT COVER ANY DAMAGES TO ANY PARTY'S REAL OR PERSONAL PROPERTY. ROCK N DOZE DOES NOT COVER ANYONE HOSTING AND/OR RENTING A ROOM AND DOES NOT COVER ANY PROPERTY DAMAGE.
Rock n Doze will not sell or disclose your personal information to third parties without your explicit consent. Rock n Doze stores and processes content on computer servers that are protected by physical as well as technological security.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Rock n Doze of any unauthorized use of your password or any breach of security. You also agree that Rock n Doze cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
The transactions and interactions on Rock n Doze are based on mutual trust and respect between seller and buyer. If this trust is in any way abused a user can be banned from the site at our sole and absolute discretion.
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Rock n Doze contains content from us, you, and other users. Rock n Doze is protected by copyright laws and international treaties. Content displayed on or via Rock n Doze is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Rock n Doze without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Rock n Doze. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Rock n Doze (other than your own content).
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the SELLERS of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Rock n Doze.
To report an infringement, please Colin Bultinck in Denver, CO at Colin@rockndoze.com. Note: This contact request can only be used by the lawful SELLERS of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.
Code of Conduct
IF YOU CHOOSE TO USE THE PLATFORM OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ROCK N DOZE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE PLATFORM AND COLLECTIVE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROCK N DOZE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROCK N DOZE MAKES NO WARRANTY THAT THE PLATFORM OR COLLECTIVE CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROCK N DOZE MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROCK N DOZE OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS OR BUYERS. YOU UNDERSTAND THAT ROCK N DOZE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW ANY LISTINGS. ROCK N DOZE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS. NOTWITHSTANDING ROCK N DOZE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE SELLERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM BUYERS ON BEHALF OF THE SELLERS, ROCK N DOZE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROCK N DOZE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ROCK N DOZE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OR INABILITY TO USE THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM YOUR BOOKING OF A ROOM OR PROVIDING A SPACE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROCK N DOZE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify and hold Rock n Doze and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of a room/space, or (iii) hosting a room/space; and (d) using instruments, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking of a room or renting out room.
If you interact with a User, whether via the Platform, offline, or in person, who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rock n Doze by contacting us with your police station and report number at Colin@rockndoze.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Rock n Doze and you regarding the Platform and Collective Content, and any band profiles, booking of a band or purchase of tickets made via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rock n Doze and you regarding bookings or bands profiles, the Platform, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Rock n Doze’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rock n Doze may assign or transfer these Terms, at its sole discretion, 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 permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rock n Doze (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the United States of America, without regard to its conflict of law provisions. You and we submit to the personal jurisdiction or federal court in Denver, CO, United States for any actions for which the parties retain the right 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, as set forth in the Dispute Resolution provision below. Terms are not intended to apply to international law.
You and Rock n Doze 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 to the use of the Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right 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. You acknowledge and agree that you and Rock n Doze are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Rock n Doze 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.
The failure of Rock n Doze to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rock n Doze. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Rock n Doze
If you have any questions about these Terms, please go to the "Contact Us" tab at the top of the page and send us a message!
Rock n Doze service: Sharetribe Ltd
Colin (at) rockndoze.com
Colin (at) rockndoze.com
Name of the register
User register of the Rock n Doze service
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single Rock n Doze community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.