3. Shipping Terms: You understand that standard ship dates are 24 to 48 business hours after your order is received. This time depends on the amount of orders coming in at any given time.
5. Your Obligations: You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website). As a user of the Services, you agree to not use the Services to:
A. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, an official of Rightrock Sportswear, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. Disguise the origin of any material posted on or transmitted by Rightrock Sportswear;
E. Post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
F. Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
G. Post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
H. “stalk” or otherwise harass another; or
I. Collect or store personal data about other users.
7. Member Account, Password and Security: If you create an account on the Website, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”);
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
(c) immediately notify Rightrock Sportswear of any unauthorized use of your password or account or any other breach of security; and
9. User-Generated Content: You may post user-generated content, such as comments, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Rightrock Sportswear an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Website, you grant Rightrock Sportswear the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof on the Website and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Rightrock Sportswear the rights granted herein.
10. Services and Information Provided “As Is.” You understand and agree that the Services are provided “As Is” and that Rightrock Sportswear assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration. You understand that you, and not Rightrock Sportswear, are entirely responsible for all material that you post, transmit or otherwise make available through the Services. Rightrock Sportswear does not review or control the material that others post, transmit or otherwise make available through the Services, and accordingly Rightrock Sportswear does not guarantee the accuracy, integrity or quality of such material. You acknowledge that although Rightrock Sportswear does not review material posted on, transmitted or otherwise made available through the Services by others, Rightrock Sportswear and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services, at any time and for any reason.
11. Use of the Services in Other States and Countries: You agree to comply with all local rules regarding online conduct and content.
12. Rightrock Sportswear Intellectual Property: Rightrock Sportswear (or its licensor) is the owner of all Website content —graphics, text, trademarks and other elements—including all copyrights, trademark rights and other intellectual property rights embodied therein. Rightrock Sportswear content and other materials may not be used, reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Rightrock Sportswear, except that the foregoing does not apply to your own User Content (as defined above) that you legally post on the Website, and is not intended to prevent any “fair use” of the content under U.S. Copyright Law.
13. Third Party Intellectual Property: Rightrock Sportswear respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right. Notices of Claimed Infringement: A notification of claimed infringement must be a written communication provided to the Designated Agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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. Upon receipt of a proper notification of infringement, Rightrock Sportswear will act promptly to remove or disable the allegedly infringing material. Counter Notifications: If you believe that your User Content has been removed or disabled in error, you may send a written counter notification to the Designated Agent that includes substantially 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 under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Rightrock Sportswear may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
15. No Commercial Use of Services: You agree to use Rightrock Sportswear website for personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Website, or any material available through the Services.
16. Use and Storage of User Material: Rightrock Sportswear may establish general practices and limits concerning use of the Services, including limits on: the time that user-posted material will be available through the Services; the time that user-posted material will be stored by the Rightrock Sportswear; the maximum size of any single posted event; the maximum disk space that will be allotted on Rightrock Sportswear servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that Rightrock Sportswear reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Rightrock Sportswear reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
18. Shipping Rates, Duties and Taxes. You understand that shipping rates are calculated at the discretion of Rightrock Sportswear. By agreeing to the terms and conditions you also understand that you as the purchaser are responsible for any additional taxes, duties or customs fees imposed by the postal system (US or International) or customs (US or International) by requesting a package to be shipped internationally. See our INTERNATIONAL ORDERS link.