These Terms govern

  • The use of this Website, and, 
  • Any other related Agreement or legal relationship with Roc Nation in a legally binding way. Capitalized words are defined in the relevant section of this document.

The User must read this document carefully. 

This Website is provided by:

Roc Nation

540 West 26th Street

New York, NY 10001

Roc Nation Contact Email: [email protected]

What The User Should Know At A Glance

  • The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”. These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. For purposes of these Terms, “User”, “you”, and “your” means as the user of the Services. If you use the Services on behalf of a company or other entity then “User”, “you”, and “your” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (b) you agree to these Terms on the entity’s behalf. 
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users. 
  • Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to Roc Nation’s Services and/or products through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury; and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained in section 9. 
  • Definitions and Legal References
    1. Website or This Website: The property that enables the provision of the Service. 
    2. Agreement: Any legally binding or contractual relationship between Roc Nation and the User, governed by these Terms. 
    3. Brazilian (or Brazil): Applies where a User, regardless of nationality, is in Brazil. 
    4. Business User: Any User that does not qualify as a Consumer. 
    5. European (or Europe): Applies where a User, regardless of nationality is in the EU. 
    6. Roc Nation (or We): Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users. 
    7. User (or You or Your): Indicates any natural person or legal entity using this Website. 
    8. Services: The services provided by this Website as described in these Terms and on this Website. 
    9. Terms: All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time. 
    10.  Consumer: Consumer is any User qualifying as such under applicable law. 
  • Terms of Use
    1. Eligibility. YOU ARE PROHIBITED FROM USING THE WEBSITE UNLESS YOU ARE OVER THE AGE OF SIXTEEN (16). IF YOU ARE OVER THE AGE OF SIXTEEN (16) BUT UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE ONLY PERMITTED TO USE THE WEBSITES IF YOUR PARENT OR GUARDIAN ACCEPTS THESE COMBINED TERMS ON YOUR BEHALF PRIOR TO USE OF THE WEBSITES.
    2. Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by Roc Nation are distributed to you as part of your use of the Services, Roc Nation hereby grants you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Roc Nation, in its sole discretion, may elect to take. 
    3. Acceptable Use. This Website and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Services violate no applicable law, regulations or third-party rights. Therefore, Roc Nation reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Services terminating contracts, reporting any misconduct performed through this Website or the Services to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are  suspected to engage in any of the following activities: violate laws, regulations and/or these Terms; infringe any third-party rights; considerably impair Roc Nation’s legitimate interests; offend Roc Nation or any third party. 
    4. Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have Roc Nation’s written permission to do so: (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms; (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same; (c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services; (d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services; (e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; (f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services; (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services; (i) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines”, scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; (j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; (k) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable; (l) violate any applicable law or regulation in connection with your access to or use of the Services; or (m) access or use the Services in any way not expressly permitted by these Terms. 
    5. Access and Linking to the Website. The Website is controlled and offered by Roc Nation from its facilities in the United States of America. Roc Nation makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you are responsible for compliance with local law. To the extent allowed in the jurisdiction where you are located, you waive your right to assert claims or avail yourself of protections afforded you in that jurisdiction which are not available in the United States of America. 
    6. Prohibited Uses of the Website. (a) As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this section) by these combined terms. (b) Any use by you of any Roc Nation materials and this Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website or non-Roc Nation content obtained through the Website, for any purpose other than for your personal use. You agree not to use the Website if you do not meet the eligibility requirements described above. (c) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the websites, including (without limitation) for the purpose of obtaining unauthorized access to the Website. (d) You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (e) You agree not to use the Website in any way that would affect Roc Nation adversely or reflect negatively on Roc Nation, the Website, or the clients (singers, celebrities, athletes, and personalities) featured on the Website, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to Roc Nation in connection with the Website. Unauthorized or prohibited use of the Website or the Roc Nation materials may subject you to civil liability, criminal prosecution, or both under federal, state, and applicable local laws in other countries. 
  • Content on this Website
    1. Rights Regarding Content on This Website. All rights reserved. Roc Nation holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Services. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge. Where explicitly stated on this Website, the user may download, copy and/or share some content available through this Website for User’s sole personal and non-commercial use and provided that the copyright attributions and all other attributions requested by Roc Nation are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected. 
    2. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Roc Nation and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. Roc Nation and its licensors reserve all rights in connection with the Services and its content including, without limitation, the exclusive right to create derivative works. 
    3. Ownership of Trademarks. Roc Nation’s name, Roc Nation’s logo and all related names, logos, product and service names, designs and slogans are trademarks of Roc Nation or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Roc Nation. 
    4. Ownership of Feedback. Roc Nation welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). User acknowledges and expressly agrees that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Roc Nation, and Roc Nation may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Roc Nation any and all right, title and interest (including, but not limited to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. 
    5. User Content. The Website may now or in the future permit you and other users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. User Content is not controlled by Roc Nation. Roc Nation makes no representations that Your Content will remain available via the Website in any way. Roc Nation may remove your User Content if Roc Nation has reason to believe that it infringes any third party’s rights or violates these Terms. You understand that any User Content that you post for viewing on the Website is made publicly available to other users of the Website, and Roc Nation does not guarantee any confidentiality with respect to any such User Content, nor does it guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated. 
    6. Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Services, Roc Nation must obtain from you certain license rights in Your Content so that actions Roc Nation takes in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant Roc Nation a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with Roc Nation), and include a right for Roc Nation to make Your Content available to, and pass these rights along to, others with whom Roc Nation has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if Roc Nation determines such access is necessary to comply with our legal obligations. As part of the foregoing license grant that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, Roc Nation reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. 
    7. Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Roc Nation to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Roc Nation and these Terms, and to grant the rights and license set forth in this section; (ii) your User Content is true and accurate; and (iii) Roc Nation’s use of such User Content pursuant to these Terms, and Roc Nation’s exercise of the license rights set forth in this section, do not and will not: infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or violate any applicable law or regulation. 
    8. Removal of Non-Roc Nation Content. Roc Nation and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post, or to remove or disable access to, any Non-Roc Nation content that is available on the Website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind. 
    9. Notice of Infringement – DMCA (Copyright) Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (a)identification of the copyrighted work that is claimed to be infringed; (b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services; (c) information for our copyright agent to contact you, such as an address, telephone number and e-mail address; (d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner; and (f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. Notices of copyright infringement claims should be sent by mail to: Roc Nation LLC, Attn: or by e-mail to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of Users who repeatedly infringe copyrights or intellectual property rights of others. 
  1. Access to External Resources
    Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that Roc Nation has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. 
    1. Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, Websites or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Roc Nation is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Roc Nation does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. 
  • Ownership; Proprietary Rights
    1. General. The Website, including the content, text, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, copyright, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Website that are provided by Roc Nation (“Roc Nation Materials”), are owned and/or licensed to Roc Nation, and are legally protected, without limitation, under U.S. Federal and State laws and regulations, as well as applicable foreign laws, regulations and treaties. Roc Nation Materials do not include non-Roc Nation content except as expressly authorized by Roc Nation, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or the Roc Nation Materials. Roc Nation reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Roc Nation Materials, except for the limited rights expressly set forth in these combined terms. 
    2. Downloadable Software. If any software, content or other materials owned or controlled by Roc Nation are distributed to you as part of your use of the Website, Roc Nation hereby grants you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Website for the sole purpose of enabling you to use the Website as permitted by these combined Terms. Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that Roc Nation, in its sole discretion, may elect to take. Roc Nation reserves the right to alter or revoke the license at any time by providing reasonable notice to you. Upon receiving notice of revocation, you must promptly destroy all copies of the software in you possession and/or residing on systems under your control. The limited rights granted to you to access and use such software comprise a limited license and do not constitute the sale of any software program. You do not own the downloaded software, and Roc Nation does not transfer ownership of the software to you, Roc Nation retains full ownership of and title to the downloaded software and all intellectual property rights related to such software. Other than as permitted by, or to the extent that any restriction is not permissible under, applicable law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form (except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation). You download software from the Website, you represent and warrant to Roc Nation that you are not acting in violation of those laws. 
  • Disclaimers
    1. Acknowledgement. User expressly acknowledges the term Roc Nation includes Roc Nation’s parent, subsidiary, affiliated and other related companies (including those which share substantially common ownership) and each of their owners, officers, directors, employees, shareholders, members, agents and subcontractors. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABILE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Roc Nation, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other Website or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations within this Agreement may not apply to you, and you may have additional rights. Roc Nation and Roc Nation’s entities take no responsibility and assume no liability for any content that you, another User, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Roc Nation or Roc Nation’s entities will be responsible for. 
    2. No Warranties. Roc Nation disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Roc Nation or through the Website, will create any warranty not expressly stated herein. 
    3. “AS IS” and “AS AVAILABLE” and “WITH ALL FAULTS”. You expressly agree that the use of the Website is at your sole risk. The Website, User Content, Non-Roc Nation Content, and any other third-party media, content, software, goods, services, or Websites made available in conjunction with or through the Website are provided on an “AS IS” and “AS AVAILABLE”, “WITH ALL FAULTS” basis and without warranties or representations of any kind, either express or implied. 
    4. Non-Roc Nation Content Disclaimer. You understand that when using the Website, you will be exposed to User Content, advertising and other third-party content (together, the “Non-Roc Nation Content”) from a variety of sources, and that you may be exposed to Non-Roc Nation content that is inaccurate, offensive, indecent, or otherwise objectionable. Roc Nation does not endorse any Non-Roc Nation content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Roc Nation be liable in any way for or in connection with the Non-Roc Nation content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Roc Nation content, any intellectual property infringement or misappropriation with regard to any Non-Roc Nation content, or for any loss or damage of any kind incurred as a result of the use of any Non-Roc Nation content posted, emailed or otherwise displayed or transmitted through the websites.  
    5. Operation of the Website and Non-Roc Nation Content. Roc Nation does not warrant that the Roc Nation Materials, User Content, Non-Roc Nation Content, the Website, or any other information offered on or through the Website or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected. 
    6. Accuracy. Roc Nation does not warrant or make any representations regarding the use or the results of the use of the Website or any reference sites in terms of correctness, accuracy, reliability, or otherwise. 
    7. Harm to Your Computer. You understand and agree that using, accessing, downloading, or otherwise obtaining information, materials, or data through the websites (including RSS feeds) or any reference sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use or download of, or other access to such material or data. 
  1. Liability
    Unless otherwise explicitly stated or agreed with Users, Roc Nation’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law. 
    1. Limitations of Liability. To the extent prohibited by law, you agree that in no event will Roc Nation or Roc Nation’s entities be liable (a) for damages of any kind, including indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the Services), however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the Services or these Terms and whether in contract, strict liability or tort (including negligence or otherwise) even if Roc Nation’s entities have been advised of the possibility of such damage; or (b) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery, use or performance of the Services. Roc Nation’s entities’ liability to you for any damages finally awarded shall not exceed the greater of one hundred ($100.00), or the amount you paid Roc Nation’s entities, if any, in the past six (6) months for the services giving rise to the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 
    2. Australian Users Limitation of Liability. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (CCA) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, Roc Nation’s liability to User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at Roc Nation’s sole discretion, to the reperformance of the Services or the payment of the cost of having the Services supplied again.
  • Indemnification
    1. Indemnification. The User agrees to defend, indemnify and hold Roc Nation and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to, legal fees and expenses arising from: User’s use of and access to the Services, including any data or content transmitted or received by User; User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms; User’s violation of any statutory law, rule, or regulation; any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; User’s willful misconduct; or statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law. 
  1. Arbitration and Class Action Waiver
    Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver. 
    1. Arbitration. Any controversy, dispute or claim between the Parties arising out of or relating to this Agreement, or the breach thereof, including any question regarding the existence, validity or termination of this Agreement, and any question regarding the existence, validity or scope of this Section 9, which involves a claim for damages not exceeding $1,000,000 shall be resolved by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules then in effect, which rules are deemed to be incorporated by reference into this Section 9, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  Any arbitration pursuant to Section 9 shall take place in New York, New York before a panel of three (3) arbitrators selected by the parties.  If the parties cannot agree on three (3) mutually-acceptable arbitrators within thirty (30) days of the date on which the demand for arbitration is made, then the arbitrators shall be persons free from conflicts (as determined by the rules applicable to judges sitting in judgment over cases tried in the State of New York) selected from the AAA’s list of arbitrators available to resolve disputes in the State of New York (the “List”) as follows:  (i) each of the parties shall appoint a single arbitrator from the List, and (ii) the third arbitrator shall be selected by the AAA from the List.  In any arbitration under Section 9, the parties shall bear their own costs and attorneys’ fees, provided that the arbitrators shall award the prevailing party its costs and reasonable and actual outside attorneys’ and other professionals’ fees.  Except as may be required by law or necessary or appropriate to enforce compliance with this Agreement or to enforce rights arising out of the arbitral award, neither a party nor an arbitrator may disclose the existence, content (including but not limited to any pleadings, briefs, evidence or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) or results of any arbitration hereunder other than to the arbitral tribunal, the AAA, the parties, their counsel, expert witnesses and consultants, accountants and auditors, and any person necessary to the conduct of the arbitration.
    2. Arbitration Jurisdiction. Any controversy, dispute or claim between the parties arising out of or relating to this Agreement, or the breach thereof other than as specified in Section 9.1 shall be brought exclusively in the federal and state courts situated in the State of New York (and any appellate court having authority thereover).  Each party consents to such jurisdiction and waives any claim of inconvenient forum.
    3. Waiver. THE PARTIES HERETO EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
    4. Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Roc Nation will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse Roc Nation for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Roc Nation before the arbitrator was appointed, Roc Nation will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 
    5. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [email protected] or to the U.S. mailing address listed at the beginning of this Agreement. The notice must be sent to Roc Nation within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt-out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt-out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Roc Nation also will not be bound by them. 
    6. Waiver of Right to Bring Class Action and Representative Claims. To the fullest extent permitted by applicable law, you and Roc Nation each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party’s individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding (“Class Action”). You and Roc Nation agree to waive the right to participate as a plaintiff or class member in any class action. You and Roc Nation expressly waive any ability to maintain a class action in any forum. If this dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further you and Roc Nation agree that the arbitrator may not consolidate proceedings for more than one person’s claims, and it may not otherwise preside over any form of a Class Action. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the exceptions provision above. If the class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties’ agreement to arbitrate shall be null and void with respect to such proceedings so long as the proceeding is permitted to proceed as a class action. If a court decided that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration. 
  • Common Provisions 
    1.  No Waiver. Roc Nation’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. 
    2.  Service Interruption. To ensure the best possible service level, Roc Nation reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
      Within the limits of law, Roc Nation may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, Roc Nation will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Services might not be available due to reasons outside Roc Nation’s reasonable control, such as “force majeure” (natural disasters, earthquake, fire, terrorism, riots, war, acts of God, regulations or orders of governmental authorities, pandemics, epidemics, infectious disease outbreaks or other emergency conditions, or any other cause which is beyond the control of such party) events.

  1.  Service Reselling. Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Services without Roc Nation’s express prior written permission, granted either directly or through a legitimate reselling programme.
  2.  Privacy Policy. To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
  3. Intellectual Property Rights. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of Roc Nation or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of Roc Nation or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

  1.  Changes to These Terms. Roc Nation reserves the right to amend or otherwise modify these Terms at any time. In such cases, Roc Nation will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from Roc Nation. If legally required, Roc Nation will notify Users in advance of when the modified Terms will take effect.
  2.  Assignment of Contract. Roc Nation reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Roc Nation.
  3.  Contacts. All communications relating to the use of this Website must be sent using the contact information stated in this document.
  4.  Severability. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
    1. US USERS. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Roc Nation with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
    2. EU USERS. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
  5. Governing Law. These Terms are governed by the law of the place where Roc Nation is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
    1. Prevalence of National Law. However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.
    2. Exception For Consumers In Brazil. If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
  6. Venue of Jurisdiction. These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York county, and Users herby consent to the personal jurisdiction and venue therein. 
    1. Exception For Consumers In Europe. The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
    2. Exception For Consumers In Brazil. The above does not apply to Users in Brazil that qualify as Consumers.
  7. No Relationship. User agrees that no joint venture, partnership, employment, or agency relationship exists between User and Roc Nation as a result of these combined Terms or use of the Website. 
  8. Injunctive Relief. User agrees that a breach of these Terms will cause irreparable injury to Roc Nation for which monetary damages would not be an adequate remedy and Roc Nation shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. 
  9. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Roc Nation but may not be assigned by User without the prior express written consent of Roc Nation. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by Roc Nation in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with the applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in New York City. User and Roc Nation agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.