TERMS OF USE

Effective Date: November 1, 2009

AGREEMENT BETWEEN USER AND RECLAIM OUR CULTURE, LLC (ROC)

The ROC Web Site is comprised of various Web pages operated by ROC. The ROC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ROC Web Site constitutes your agreement to all such terms, conditions, and notices. We recommend that, that you read this User Agreement and the Privacy Agreement. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you access or use the ROC Web Sites or services, or when you use the tools ROC makes available to interact with ROC services or the Linked Services.

MODIFICATION OF THESE TERMS OF USE

ROC reserves the right to change the terms, conditions, privacy policy and notices under which the ROC Web Site is offered, including but not limited to any charges, if any associated with the use of the ROC Web Site. LINKS TO

THIRD PARTY SITES

The ROC Web Site contains or may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ROC and ROC is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Sites. ROC is not responsible for webcasting or any other form of transmission received from any Linked Sites. If you use a Linked Site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Linked Sites may have additional or other terms that are made available or provided to you when you use such site and the, services, products, or tools provided therein. Any disputes that may arise with the Linked Sites related to such sites, services, tools, or products is subject to the Linked Sites User Agreement and Privacy Policy and is between you and the Linked Sites and is not the responsibility of ROC. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the ROC Web Site, you warrant to ROC that you will not use the ROC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ROC Web Site in any manner which could damage, disable, overburden, or impair the ROC Web Site or interfere with any other party's use and enjoyment of the ROC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ROC Web Sites.

USE OF COMMUNICATION SERVICES

The ROC Web Site may contain bulletin board services, videos, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages, videos, and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
ROC has no obligation to monitor the Communication Services. However, ROC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ROC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ROC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information, videos or materials, in whole or in part, in ROC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ROC does not control or endorse the content, messages or information found in any Communication Service and, therefore, ROC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials and videos uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ROC OR POSTED AT ANY ROC WEB SITE

ROC does not claim ownership of the materials or videos (unless otherwise agreed upon between you and ROC) you provide to ROC (including feedback and suggestions) or post, upload, input or submit to any ROC Web Site or its associated services (collectively "Submissions"). However, in consideration for the use of the ROC Web Site, by posting, uploading, inputting, providing or submitting your Submission you are granting ROC, its affiliated companies and necessary sub-licensees permission to use, without notice to you, your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, post to another internet site, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. ROC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ROC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ROC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ROC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ROC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ROC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ROC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ROC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE RECLAIM OUR CULTURE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RECLAIM OUR CULTURE, LLC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ROC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ROC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ROC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RECLAIM OUR CULTURE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ROC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ROC WEB SITE.

TERMINATION/ACCESS RESTRICTION

ROC reserves the right, in its sole discretion, to terminate your access to the ROC Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, and you hereby consent to the exclusive jurisdiction and venue of courts in Arapahoe County, Colorado, in all disputes arising out of or relating to the use of the ROC Web Site. Use of the ROC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ROC as a result of this agreement or use of the ROC Web Site. ROC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ROC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ROC Web Site or information provided to or gathered by ROC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ROC with respect to the ROC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ROC with respect to the ROC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Use of the ROC Web Site constitutes acceptance of the forgoing.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent for the state of Colorado. ALL INQUIRIES NOT RELEVANT TO THE FORGOING PROCEDURE WILL RECEIVE NO RESPONSE.