Terms of Service
Welcome to Stack by ROSTR! These Terms of Service ("Terms") govern your use of the Stack platform, including all features, services, and content provided by ROSTR Inc. ("Stack", "we", "us", or "our"). By accessing or using Stack, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the platform.
1. Definitions
- "User" refers to any individual who accesses or uses the Stack platform.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials available on or through the Stack platform.
- "Platform" refers to the Stack website, mobile application, and any other online services provided by Stack.
- "User-Generated Content" means any Content submitted, posted, or otherwise made available by Users on or through the Stack platform.
2. General Terms
2.1. Acceptance of Terms
By accessing or using Stack, you represent that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are between the ages of 13 and 18, you must have parental or legal guardian consent to use Stack, in compliance with the Children's Online Privacy Protection Act (COPPA) and the California Consumer Privacy Act (CCPA). By using Stack, you agree to comply with these Terms and all applicable laws and regulations.
2.2. Description of Service
Stack is a music industry directory platform that allows Users to browse, search, and view listings and Content related to businesses, services, and resources in the music industry. We also curate Content through our "Stacks" feature, which includes lists of recommendations by third-party contributors.
2.3. Modifications to the Platform
Stack reserves the right to modify, update, or discontinue any aspect of the Platform at any time without prior notice. We may also impose limits on certain features or restrict access to parts or all of the Platform without notice or liability.
3. User Accounts and Conduct
3.1. User Accounts and Registration
While you can browse Stack without creating an account, certain features may require registration. To create an account, you must provide your name, email address, and a User role. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and up-to-date information during the registration process and to update your account information as necessary. Stack reserves the right to terminate your account at any time and for any reason.
3.2. Age Requirement
You must be at least 13 years old to use Stack. By using the Platform, you represent and warrant that you meet this age requirement. If Stack discovers that you are under 13, we may terminate your account and access to the Platform. Stack does not knowingly collect personal information from children under 13 without verifiable parental consent.
3.3. User Conduct and Content
When using Stack, you agree to abide by the following rules:
- Comply with all applicable laws and regulations
- Do not engage in any fraudulent, misleading, or illegal activities
- Do not scrape, copy, or reproduce any Content from Stack without permission
- Do not use automated means, such as bots or scrapers, to access or manipulate the Platform
- Do not harass, threaten, or intimidate other Users
- Do not attempt to gain unauthorized access to Stack's systems or infrastructure
Stack reserves the right to remove any Content and ban any User for violating these rules or for any other reason at our sole discretion. Violating these rules may result in the immediate suspension or termination of your account. We may also take legal action against Users who engage in Platform abuse or other prohibited activities.
4. Intellectual Property
4.1. Ownership
All Content on Stack, including text, graphics, logos, images, and software, is the property of ROSTR Inc. or its Content suppliers and protected by United States and international copyright laws. You may not reproduce, modify, distribute, or create derivative works from any Content on Stack without our prior written consent.
4.2. User-Generated Content
By submitting User-Generated Content to Stack, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, display, reproduce, modify, and distribute such Content in connection with the Platform and its related services. This license is limited to the purpose of operating, promoting, and improving the Stack Platform. You may request the removal of your User-Generated Content from the Platform, subject to certain exceptions, such as when the Content has been used in other Users' Content or when it is necessary for the operation of the Platform.
5. Third-Party Services and Content
5.1. Third-Party Content and Links
Stack may contain links to third-party websites or display Content or advertisements from third parties. We do not endorse, control, or assume responsibility for any third-party Content or websites. Your interactions with third parties are solely between you and the third party, and Stack shall not be liable for any damages or losses arising from such interactions. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
5.2. API and Developer Terms
If Stack offers an API or developer tools in the future, Users who access or use these features must comply with the applicable API and Developer Terms, which will be provided as a separate document. The API and Developer Terms will govern the use of Stack's API and any third-party applications or integrations.
6. Privacy and User Data
6.1. User Data and Privacy
Stack collects various types of User data, including account information, usage data, and device information. We use this data to provide and improve our services, personalize User experience, and generate aggregated insights and analytics. Stack may also use anonymized and aggregated User data for research, marketing, and other business purposes. However, we will never sell or share personal User data with third parties without explicit consent, except as required by law or as outlined in our Privacy Policy.
Under the California Consumer Privacy Act (CCPA), California residents have the right to access, delete, or opt-out of the sale of their personal information. To exercise these rights, please contact us at legal@rostr.cc.
Please refer to our Privacy Policy for more detailed information on how we collect, use, and protect your personal data.
6.2. Data Retention and Deletion
Upon canceling your account, Stack will delete your personal information from our active databases in accordance with the CCPA requirements for data retention and deletion. However, some information may be retained in our backup systems for a limited period, as required by law or for legitimate business purposes.
Please refer to our Privacy Policy for more detailed information on how we handle User data after account cancellation.
7. Termination and Account Cancellation
7.1. Termination
Stack may terminate or suspend your account and access to the Platform at any time and for any reason without notice. Reasons for termination may include, but are not limited to, a violation of these Terms, unauthorized use of the Platform, or any other conduct that Stack, in its sole discretion, deems inappropriate or harmful to the Platform or other Users.
In the event of termination, Stack will notify you via the email address associated with your account. You may appeal the termination by responding to the notification email within 14 days and providing an explanation for your actions. Stack will review your appeal and make a final decision on whether to reinstate your account.
You may also close your account by contacting our support team. Upon termination, your right to use Stack will cease immediately, but certain provisions of these Terms may survive.
7.2. Account Cancellation
You may cancel your Stack account at any time by following the provided steps. Please note that canceling your account will not automatically remove any listings you have submitted. If you wish to remove your listings, you must do so separately before canceling your account.
8. Disclaimers and Limitation of Liability
8.1. Disclaimers
a. No Warranties: Stack provides its service on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the service or the information, Content, materials, or products included on the Platform. You expressly agree that your use of the service is at your sole risk.
b. Accuracy of Information: While we strive to provide accurate and up-to-date information on Stack, we do not warrant that any Content on the Platform is accurate, complete, reliable, current, or error-free. Stack disclaims all liability for any inaccuracies or errors to the fullest extent permitted by law.
c. Third-Party Content: Stack does not endorse, guarantee, or assume responsibility for any third-party Content, products, or services advertised or offered on the Platform. We shall not be liable for any damages or losses arising from your interactions with such third parties.
d. Listings and Recommendations: The listings and recommendations on Stack are provided for informational purposes only and do not constitute endorsements or guarantees of quality, accuracy, or reliability. Users are solely responsible for their interactions with listed businesses and their use of any recommended products or services.
8.2. Limitation of Liability
a. Limitation of Damages: To the fullest extent permitted by law, Stack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of the service.
b. Liability Cap: In no event shall Stack's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the service during the 12 months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.
c. Basis of the Bargain: The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Stack and you.
d. Force Majeure: Stack shall not be liable for any failure or delay in performance under these Terms caused by events outside our reasonable control, such as acts of God, natural disasters, terrorism, labor disputes, or government orders.
9. Indemnification
You agree to indemnify and hold Stack, its affiliates, officers, agents, and employees harmless from any claims, demands, losses, liabilities, damages, and expenses (including attorneys' fees) arising out of or in connection with your use of the Platform or your violation of these Terms.
10. Dispute Resolution and Arbitration
10.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
10.2. Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
10.3. Arbitration Procedures
The arbitration shall be conducted by a single arbitrator in San Francisco, California. The arbitration shall be conducted in the English language. The arbitrator shall have the power to grant any remedy or relief that a court of competent jurisdiction could order or grant.
10.4. Arbitration Fees
The parties shall share equally in the costs of the arbitrator's fees and expenses, unless the arbitrator determines that a different allocation is equitable.
10.5. Opt-Out of Arbitration
You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this arbitration provision by sending a written notice to legal@rostr.cc. The opt-out notice must include your name and a clear statement that you want to opt-out of binding arbitration.
10.6. Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek equitable relief, including injunctive relief, in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
11. Additional Terms for Listings
11.1. Listing Submission and Management
Users can submit listings to be included in the Stack directory by completing the designated form. All submissions must include accurate and up-to-date information about the listed entity. By submitting a listing, you represent and warrant that you have the right to provide the submitted information and that such information does not infringe upon the rights of any third party. You also grant Stack a non-exclusive, royalty-free, perpetual, and irrevocable license to use, display, reproduce, modify, and distribute the submitted information in connection with the Platform and its related services.
Stack reserves the right to reject, modify, or remove any listing at our discretion. We may use, aggregate, and commercialize the listing data, subject to our Privacy Policy.
If you wish to claim an existing listing as your own, you must provide proof of ownership or authority over the listed entity. Once claimed, you can request updates to the listing by contacting our support team. Stack may charge a fee for claiming or managing listings, which will be disclosed during the claiming process.
If you choose to remove your listing from Stack, the license granted to us for the use of your listing Content will be revoked. However, please note that Stack may retain certain information about your listing in our database to prevent resubmission and for other internal purposes.
11.2. Advertisements and Related Listings
By submitting a listing to Stack, you acknowledge and agree that advertisements, including those from competitors, may be displayed alongside your listing, and that Stack may display links to related listings or similar businesses on your listing page. You also agree that Stack may display counts of User interactions with your listing, such as likes or saves. By submitting a listing, you accept these features as part of the Platform.
11.3. Editing and Modifying Listings
If you have claimed your business listing on Stack, you may request changes or updates to your listing information by contacting our support team. Stack will review your request and make the changes as soon as possible. However, we do not guarantee any specific timeframe for implementing changes. We reserve the right to refuse or modify any requested changes at our discretion.
By requesting changes to your listing, you confirm that you have the right to request such changes and that the information you provide is accurate and complete. Stack shall not be liable for any errors, inaccuracies, or inconsistencies in listing information resulting from changes requested by Users.
12. Miscellaneous
12.1. Feedback and Unsolicited Ideas
We appreciate your feedback and suggestions for improving Stack. By submitting any ideas, comments, or other feedback to us, you grant Stack a non-exclusive, royalty-free, perpetual, and irrevocable license to use and incorporate your feedback for any purpose without any obligation to compensate you.
12.2. Severability and Waiver
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Stack's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
12.3. Entire Agreement
These Terms of Service, along with the Privacy Policy and any other referenced documents, constitute the entire agreement between Users and Stack regarding the use of the Platform, superseding any prior agreements or understandings.
12.4. Survival
The provisions of these Terms of Service that by their nature should survive the termination of a User's account, including but not limited to the intellectual property, disclaimers, limitation of liability, and governing law sections, shall survive such termination.
12.5. Contact Us
If you have any questions about these Terms or Stack in general, please contact us at lega@rostr.cc.
By using Stack, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last updated: 5/23/2024