TERMS OF SERVICE FOR CREATIVES
Last Updated: February 4, 2025These Terms of Service (the “Terms of Service”) are a legal agreement between you (“you” or “Creative”) and RockyAds, LLC (“Rocky,” “we,” “us,” or “our”). These Terms of Service the terms under which you may access and use Rocky's crowdsourcing advertising platform (the “Platform”). Creative and Rocky are referred to herein collectively as the “Parties” and each individually, as a “Party.”
By accessing or using our Platform, by clicking “I AGREE,” or otherwise manifesting your assent to these Terms of Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Platform.
THE SECTION BELOW TITLED "CLASS ACTION WAIVER" CONTAINS A CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity, and any employees, contractors, or agents authorized by you to access and use the Platform pursuant to the terms of these Terms of Service (“Authorized Users”).
1)THE PLATFORM AND ROCKY SERVICES
Our Platform allows you, a content creator, to create and submit promotional, marketing, and/or advertising content (“User Generated Content”) that advertises the goods and services of third-party brands (each, a “Brand”) in accordance with these Terms of Service.
Subject to your compliance with these Terms of Service, Rocky shall provide you with access to the Platform (the “Rocky Services”) to enable you to use the Brand Materials (as defined herein) and create the User Generated Content as set forth herein.
Rocky will determine, it its sole discretion, whether to and how much money to award to Creatives that have submitted Selected Content (as defined below) to the Rocky Platform. In order to be paid by Rocky, Rocky may require you to provide proof (in a form to be determined by Rocky in its sole discretion) of your right to use certain materials, the sufficiency of which Rocky will decide in its sole discretion.
2)INTELLECTUAL PROPERTY
a)Access and Use of Platform. Subject to and conditioned on your compliance with these Terms of Service, Rocky hereby grants you a non-exclusive, non-transferable right to access and use the Platform during the Term solely for your internal use (if an entity) or your personal use (if an individual) in connection with creating a profile, uploading User Generated Content, viewing Brand profiles, and other similar purposes.
b)Brand Materials. Brand and its licensors are, and shall remain, the sole and exclusive owner of all right, title, and interest in and to Brand’s trademarks, logos, brand mantras, artwork, and information and imagery about Brand’s goods and services provided by or on behalf of Brand through the Platform (the “Brand Materials”), including all copyrights, trademarks, service marks, trade dress, trade names, trade secrets, patents, mask works, and other intellectual and industrial property rights (collectively "Intellectual Property Rights") therein. You shall have no right or license to use any Brand Materials other than as expressly provided herein, and all other rights in and to the Brand Materials are expressly reserved by Brand.
c)License to Certain Brand Intellectual Property. Subject to and in accordance with the terms and conditions of these Terms of Service, Rocky grants to you a limited, non-transferable, non-exclusive, royalty-free license to use the Brand Materials, including but not limited to, Brand’s name and logo solely to create and submit (via the Platform) User Generated Content to Rocky and Brand. Rocky grants no other right or license to any Brand Materials by implication, estoppel, or otherwise. Creative acknowledges that Brand owns all right, title, and interest in, to, and under all Intellectual Property Rights in the Brand Materials and that Creative shall not acquire any proprietary rights therein.
d)Selected Content. In the event that a Brand selects User Generated Content submitted by you via the Platform to use in connection with marketing and advertising Brand’s goods and services (the “Selected Content”), you hereby acknowledge and agree that any Selected Content that may qualify as "work made for hire" as defined in the Copyright Act of 1976 (17 U.S.C. § 101) is hereby deemed "work made for hire" for Rocky and all copyrights therein shall automatically and immediately vest in Rocky. To the extent that any Selected Content does not constitute "work made for hire," you hereby irrevocably assign to the Rocky and its successors and assigns, for no additional consideration, your entire right, title, and interest in and to such Selected Content and all Intellectual Property Rights therein, including the right to sue, counterclaim, and recover for all past, present, and future infringement, misappropriation, or dilution thereof. To the extent any copyrights are assigned under this Section, you hereby irrevocably waive in favor of Rocky, to the extent permitted by applicable law, any and all claims you may now or hereafter have in any jurisdiction to all rights of paternity or attribution, integrity, disclosure, and withdrawal and any other rights that may be known as "moral rights" in relation to all Selected Content to which the assigned copyrights apply. You acknowledge and agree that you are prohibited from using User Generated Content or distributing it (other than to Rocky and Brand via the Platform) for any purpose unless explicit consent is granted to you by the Brand or Rocky in writing (including via email).
e)Rocky Material. As between you and Rocky, Rocky owns all right, title, and interest (including all Intellectual Property Rights) in and to the Platform and all material, such as software, text, graphics, images, sound recordings, and other material provided by or on behalf of Rocky or its licensors on the Platform (collectively referred to as the “Rocky Material”). You have no right, license, or authorization with respect to the Platform except as expressly set forth in Section 2(a). Unauthorized use of the Rocky Material may violate copyright, trademark, and other laws. You may view all Rocky Material for your own personal, non-commercial use, and no other use is permitted without the prior written consent of Rocky.
f)Rocky Trademarks and Third-Party Trademarks. The trademarks, service marks, and logos of Rocky (the “Rocky Trademarks”) used and displayed on the Platform are owned by Rocky. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Rocky Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Rocky Trademarks inures to our benefit.
3)ELIGIBILITY
The Platform is available only to individuals aged 18 years or older. If you are under the age of 18, you may use the Platform only with the consent of your parent or guardian. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform if you do not meet Rocky’s eligibility requirements.
4)COMMUNITY GUIDELINES
Rocky’s community, like any community, functions best when its users follow a few simple rules. By accessing the Platform, you agree to comply with the following community guidelines (the “Community Guidelines”):
•You will comply with all applicable laws in your use of the Platform, will not use the Platform for any unlawful purpose, and all content submitted by you (including User Generated Content) will comply with applicable laws;
•You will not access or use the Platform to collect any market research for a competing business;
•You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
•You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Rocky Material (as defined below), data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
•You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform;
•You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform;
•You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Rocky Material protections in the Platform;
•You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express, written permission; provided, however, that we may grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
•You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
•You shall retain all copyright and other proprietary notices contained in the original Rocky Material and Brand Material (including all watermarks on User Generated Content); and
•You shall not sell, transfer, assign, license, sublicense, or modify the Rocky Material or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Rocky Material in any way for any public or commercial purpose.
•Except as expressly permitted herein: (i) you shall not sell, transfer, assign, license, or sublicense the Brand Materials or the User Generated Content or (ii) reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Brand Materials or the User Generated Content in any way for any public or commercial purpose.
•You shall not upload any content to the Platform (including User Generated Content) that:
Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
Impersonates any person or misrepresent your identity or affiliation with any person or organization.
Give the impression that such content emanates from or is endorsed by us or any other person or entity, if this is not the case.
If you violate this Section 4 of the Terms of Service, your permission to access the Rocky Material and the Platform shall automatically terminate and you must immediately destroy any copies you have made of the Rocky Material, the Brand Materials, and the User Generated Content.
5)CONFIDENTIALITY.
а)From time to time during the Term, either party (as the "Disclosing Party") may disclose or make available to the other party (as the "Receiving Party") information about its business affairs and services, confidential information, and materials comprising or relating to Intellectual Property, trade secrets, third-party confidential information, and other sensitive or proprietary information, as well as the terms of these Terms of Service, whether orally or in written, electronic or other form or media, and, whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information").
b)Confidential Information does not include information that, at the time of disclosure and as established by documentary evidence: (a) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section 5 by the Receiving Party or any of its Representatives; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was known by or in the possession of the Receiving Party or its Representatives prior to being disclosed by or on behalf of the Disclosing Party; (d) was or is independently developed by the Receiving Party without reference to or use of, in whole or in part, any of the Disclosing Party's Confidential Information; or (e) is required to be disclosed pursuant to applicable law.
c)The Receiving Party shall, for two years from the disclosure of such Confidential Information: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms of Service; and (z) not disclose any such Confidential Information to any person, except to the Receiving Party's Representatives who need to know the Confidential Information to assist the Receiving Party or act on its behalf, to exercise its rights or perform its obligations under these Terms of Service. The Receiving Party shall be responsible for any breach of this Section 5 caused by any of its representatives.
6)REPRESENTATIONS AND WARRANTIES.
a)Mutual Representations and Warranties. Each Party represents and warrants to the other Party that:
i)it is duly organized, validly existing, and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization;
ii)it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under these Terms of Service;
iii)these Terms of Service have been accepted by such Party’s representative that has been duly authorized by all necessary corporate or organizational action of such Party; and
iv)when accepted by you, these Terms of Service will constitute the legal, valid, and binding obligation of the Parties, enforceable against the Parties in accordance with its terms.
b)Additional Creative Representations, Warranties, and Covenants. You represent, warrant, and covenant to Rocky that your Intellectual Property Rights and the User Generated Content (except for the Brand Materials incorporated therein) do not infringe or violate and will not infringe or violate the publicity and privacy rights or any other Intellectual Property Rights of any third party.
7)DISCLAIMER
ROCKY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PLATFORM, ROCKY MATERIALS, ROCKY SERVICES, THE END USERS, THE BRAND MATERIALS OR THE USER GENERATED. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT, (A) NEITHER PARTY TO THIS AGREEMENT, NOR ANY OTHER PERSON ON SUCH PARTY'S BEHALF, HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND (B) EACH PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY OTHER PERSON ON SUCH PARTY'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF SERVICE.
THE PLATFORM, ROCKY MATERIALS, ROCKY SERVICES, AND BRAND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM, ROCKY MATERIALS OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE MAKE NO GUARANTEE THAT THE CONTENT OR ANY SELECTED CONTENT WILL MEET YOUR REQUIREMENTS.
THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY USER GENERATED CONTENT WILL BECOME SELECTED CONTENT OR THAT YOU WILL BE COMPENSATED FOR ANY SELECTED CONTENT.
8)LIMITATION OF LIABILITY
EXCEPT WITH RESPECT TO EACH PARTY’S LIABILITY ARISING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, REVENUE OR PROFIT, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT WITH RESPECT TO THE PARTIES' LIABILITY ARISING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED $500.
9)INDEMNIFICATION.
a)Creative Indemnification Obligations. You shall defend, indemnify, and hold harmless Rocky, and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Rocky Indemnified Party"), from and against any and all Losses arising out of or resulting from third-party Claim relating to: (a) gross negligence or willful misconduct of Creative; (b) arising from any content you submit to the Platform, including but not limited to User Generated Content (except to the extent arising from any Brand Materials incorporated therein); and (c) your violation of applicable law.
b)Indemnification Procedures. A party seeking indemnification under this Section 9 (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party"): (a) prompt notice of the relevant claim; provided, however, that failure to provide such Notice shall not relieve the Indemnifying Party from its liability or obligation hereunder except to the extent of any material prejudice directly resulting from such failure; and (b) reasonable cooperation, at the Indemnifying Party's expense, in the defense of such claim. The Indemnifying Party shall have the right to control the defense and settlement of any such claim; provided, however, that the Indemnifying Party shall not, without the prior written approval of the Indemnified Party, settle or dispose of any claims in a manner that affects the Indemnified Party's rights or interest. The Indemnified Party shall have the right to participate in the defense at its own expense.
10)COPYRIGHT INFRINGEMENT
If you believe that any User Generated Content or other content on the Platform violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Rocky to terminate the user accounts of repeat infringers.
11)COMPLIANCE WITH APPLICABLE LAWS
The Platform is based in the United States. We make no claims concerning whether the Platform, Rocky Materials, or Brand Materials may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Rocky Material, or the Brand Materials from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12)COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
13)EXTERNAL SITES.
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Platforms to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14)CHANGES TO THE AGREEMENT.
These Terms of Service are effective as of the last updated date stated above. We may change these Terms of Service from time to time with or without notice to you. Any such changes will be posted on the Platform. By accessing the Platform after we make any such changes to these Terms of Service, you are deemed to have accepted such changes. Please refer back to these Terms of Service on a regular basis.
15)TERMINATION OF THE AGREEMENT.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service and the Platform, and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. This Section 15, and Sections 4(b), 4(e)-(f), 8-12, 16-22 shall survive the termination of these Terms of Service.
16)GOVERNING LAW; VENUE
This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
17)CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18)EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Service. We may, without waiving any other remedies under these Terms of Service, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. All claims or disputes arising out of or in connection with these Terms of Service shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in the State of Delaware.
19)ASSIGNMENT.
Neither party may assign, transfer, or delegate any or all of its rights or obligations under these Terms of Service, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that Rocky may assign these Terms of Service to an affiliate, a successor-in-interest by consolidation, merger, or operation of law or to a purchaser of all or substantially all of the party's assets. No assignment shall relieve the assigning party of any of its obligations hereunder. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
20)FORCE MAJEURE.
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in fulfilling or performing any term of these Terms of Service or any SOWs when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms of Service; (f) national or regional emergency; (g) telecommunication breakdowns, power outages or shortages, and (h) other similar events beyond the reasonable control of the Impacted Party.
21)MISCELLANEOUS
Nothing in these Terms of Service creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the Parties. Rocky is an independent contractor pursuant to these Terms of Service. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third Party. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms of Service constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.
22)Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: brands.help@wearerocky.com
2023 Copyright RockyAds, LLC. All rights reserved.
COPYRIGHT POLICY
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Rocky platform (the "Platform") infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
•Your physical or electronic signature.
•Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
•Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
•Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
•A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
•A statement that the information in the written notice is accurate.
•A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a 'Counter Notice') by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
•Your physical or electronic signature.
•An 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 disabled.
•Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
•A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
•A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.