Terms of Service

Terms of Website Usage, Notices and Conditions for RockinHouston.com Website as of February 2014:

Welcome to the RockinHouston.com. website!

If you continue to browse and use this website, then you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our privacy policy, govern RockinHouston.com’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, then please do not use our website.

The terms “RockinHouston.com,” “us,” “our,” or “we” refer to the owner of the website, RockinHouston.com. and / or Bruce Kessler whose office is located at 440 Louisiana, Suite 900, Houston, Texas 77002.

The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following general terms of use:

  • The content of the pages of this website is for your general information and personal use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

About Using This Website

By using this website you are accepting all the terms of this disclaimer notice.  If you do not agree with anything in this notice then you should not use this website.

The information contained in this website is for general information purposes only. The information is provided by Bruce Kessler and / or RockinHouston.com and while we endeavour to keep the information as up to date and correct as possible, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose, all of which is provided “as is.” Any reliance you place on such information is therefore strictly at your own risk.

In no event will Bruce Kessler, RockinHouston.com and / or any of their affiliates or associates be liable for any incidental, indirect, consequential or special loss or damages of any kind, or any loss or damages whatsoever including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

Through this website you may be able to link to other websites which are not under the control of RockinHouston.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views, information and / or products offered or expressed within them. Any such links to other websites are provided for the convenience of users.  We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.

Every effort is made to keep the website up and running smoothly. However, RockinHouston.com, its affiliates and / or associates take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. While the content of this site is provided in good faith, RockinHouston.com, its affiliates and / or associates do not warrant that the information will be kept up to date or that this site will always (or ever) be available for use.

RockinHouston.com, its affiliates and / or associates do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.  We recommend scanning any files before downloading.

Nothing on this website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site.

Notices and Conditions:

1. THIS IS AN AGREEMENT BETWEEN YOU AND ROCKINHOUSTON.COM

This is an agreement ("Agreement") between you and RockinHouston.com. This Agreement governs your use of any Web site or Web page operated by RockinHouston.com (the "RockinHouston.com web site"). ROCKINHOUSTON.COM OFFERS THE ROCKINHOUSTON.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THIS AGREEMENT. YOUR USE OF THE ROCKINHOUSTON.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW ROCKINHOUSTON.COM MAY MODIFY THIS AGREEMENT

ROCKINHOUSTON.COM reserves the right to change the terms, conditions, and notices under which it offers the ROCKINHOUSTON.COM WEB SITE, including any charges associated with the use of the ROCKINHOUSTON.COM WEB SITE. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the ROCKINHOUSTON.COM WEB SITE. Your continued use of the ROCKINHOUSTON.COM WEB SITE after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

The ROCKINHOUSTON.COM WEB SITE may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of the ROCKINHOUSTON.COM WEB SITE. If any terms contained in this Agreement conflict with any terms contained within the ROCKINHOUSTON.COM WEB SITE, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE ROCKINHOUSTON.COM WEB SITE

The ROCKINHOUSTON.COM WEB SITE is solely for your personal use an enjoyment. You will not use the ROCKINHOUSTON.COM WEB SITE for any commercial purpose. You will not use the ROCKINHOUSTON.COM WEB SITE in any way that is unlawful, or harms ROCKINHOUSTON.COM, its affiliates, service providers and/or suppliers (each, a "ROCKINHOUSTON.COM Party" and collectively, the "ROCKINHOUSTON.COM Parties"). ROCKINHOUSTON.COM may tell you about certain specific harmful uses in a code of conduct or other notices available through the ROCKINHOUSTON.COM WEB SITE, but has no obligation to do so. You may not use the ROCKINHOUSTON.COM WEB SITE in any way that breaches any code of conduct, policy or other notice applicable to the ROCKINHOUSTON.COM WEB SITE. Without limiting the generality of this section, you may not use the ROCKINHOUSTON.COM WEB SITE in any manner that could damage, disable, overburden, or impair any ROCKINHOUSTON.COM WEB SITE (or the network(s) connected to any ROCKINHOUSTON.COM WEB SITE) or interfere with any other party's use and enjoyment of the ROCKINHOUSTON.COM WEB SITE.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the ROCKINHOUSTON.COM WEB SITE to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ROCKINHOUSTON.COM WEB SITE in any way that violates the ROCKINHOUSTON.COM Anti-Spam Policy. ROCKINHOUSTON.COM may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the ROCKINHOUSTON.COM WEB SITE includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ROCKINHOUSTON.COM WEB SITE even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to ROCKINHOUSTON.COM related to the ROCKINHOUSTON.COM WEB SITE (a "Submission"), you grant ROCKINHOUSTON.COM permission to (1) use, copy, distribute, transmit, publicly display, reproduce, edit, modify, translate and reformat your Submission, each in connection with the ROCKINHOUSTON.COM WEB SITE. ROCKINHOUSTON.COM will not pay you for your Submission. ROCKINHOUSTON.COM may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, ROCKINHOUSTON.COM may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the ROCKINHOUSTON.COM Parties or any customer of a ROCKINHOUSTON.COM Party.

7. SOFTWARE

Your use of any software associated with the ROCKINHOUSTON.COM WEB SITE will be governed by the terms and conditions of the end user license agreement accompanying such software.

8. INFORMATION AVAILABLE FROM THE ROCKINHOUSTON.COM WEB SITE

ROCKINHOUSTON.COM and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ROCKINHOUSTON.COM WEB SITE except as expressly provided and identified as a warranty of accuracy of information and its suppliers do not authorize the use of information available from the ROCKINHOUSTON.COM WEB SITE for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: ROCKINHOUSTON.COM MAKES NO WARRANTY

ROCKINHOUSTON.COM PROVIDES THE ROCKINHOUSTON.COM WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT AS SPECIFICALLY PROVIDED IN WRITING TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROCKINHOUSTON.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ROCKINHOUSTON.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ROCKINHOUSTON.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

Bruce Kessler and / or RockinHouston.com DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ANY E-MAIL SENT FROM Bruce Kessler and / or RockinHouston.com ARE FREE OF VIRUSES, “BUGS” OR OTHER HARMFUL COMPONENTS. Bruce Kessler and / or RockinHouston.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS 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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY ROCKINHOUSTON.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ROCKINHOUSTON.COM WEB SITE, EVEN IF SUCH ROCKINHOUSTON.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ROCKINHOUSTON.COM WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ROCKINHOUSTON.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE ROCKINHOUSTON.COM WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ROCKINHOUSTON.COM WEB SITE.

11. CHANGES TO THE ROCKINHOUSTON.COM WEB SITE; ADDITIONAL LIABILITY LIMITATION

THE ROCKINHOUSTON.COM PARTIES MAY CHANGE THE ROCKINHOUSTON.COM WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ROCKINHOUSTON.COM WEB SITE, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ROCKINHOUSTON.COM and persons other than ROCKINHOUSTON.COM (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE ROCKINHOUSTON.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT ROCKINHOUSTON.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ROCKINHOUSTON.COM WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE ROCKINHOUSTON.COM WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ROCKINHOUSTON.COM WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ROCKINHOUSTON.COM WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

ROCKINHOUSTON.COM may terminate this Agreement, or terminate or suspend your access to the ROCKINHOUSTON.COM WEB SITE at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ROCKINHOUSTON.COM WEB SITE will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE ROCKINHOUSTON.COM WEB SITE MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

By visiting the ROCKINHOUSTON.COM WEB SITE, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bruce Kessler and / or RockinHouston.com.

If this Agreement is with ROCKINHOUSTON.COM, then you hereby irrevocably consent that any dispute relating in any way to Bruce Kessler and / or RockinHouston.com including but not limited to and disputes involving violation or infringement of any parties' intellectual property rights, trademark, trade name or copyright interests shall be submitted to confidential and binding arbitration in Houston, Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

If this Agreement is with a ROCKINHOUSTON.COM affiliate, then all claims, including claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such ROCKINHOUSTON.COM affiliate, without reference to conflict of laws principles.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. ROCKINHOUSTON.COM may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ROCKINHOUSTON.COM WEB SITE. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ROCKINHOUSTON.COM with respect to the ROCKINHOUSTON.COM WEB SITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ROCKINHOUSTON.COM with respect to the ROCKINHOUSTON.COM WEB SITE. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND ROCKINHOUSTON.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ROCKINHOUSTON.COM WEB SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

A. Unless otherwise provided, all contents of the ROCKINHOUSTON.COM WEB SITE are Copyright / 2012-2014 by Bruce Kessler a/k/a and /or d/b/a ROCKINHOUSTON.COM.
B. The ROCKINHOUSTON.COM logo, and/or other ROCKINHOUSTON.COM products and services referenced herein may also be either trademarks or registered trademarks of ROCKINHOUSTON.COM in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
C. Image Watermarks:

The RockinHouston.com watermark is for the sole purpose of identifying that the source of any and all images is RockinHouston.com and is not intended to serve as and does not serve as any indication of copyright or ownership of any other intellectual property right.

D. Copyright Information:

All text, images, graphics, logos, data compilations, software and other materials on the ROCKINHOUSTON.COM WEB SITE are the property of and subject to the copyright and other intellectual property rights of Bruce Kessler and / or RockinHouston.com unless otherwise stated. These materials are protected by United States and international copyright laws and may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Bruce Kessler and / or RockinHouston.com.

No part of the ROCKINHOUSTON.COM WEB SITE may be distributed or copied for any commercial purpose or financial gain.

Links to the ROCKINHOUSTON.COM WEB SITE are permitted provided that no such links are for commercial purposes or any financial gain.

The compilation of all content on this site is the exclusive property of Bruce Kessler and / or RockinHouston.com and is protected by U.S. and international copyright laws. All software used on this site is the property of Bruce Kessler and / or RockinHouston.com or their software suppliers and protected by United States and international copyright laws.

Bruce Kessler and / or RockinHouston.com do not assert any copyright and / or other intellectual property rights to any item of memorabilia on this website that has been previously placed in the public domain such as posters, backstage passes, promotional items, handbills and / or tickets. All copyright and / or other intellectual property rights in such items remain with the artists and designers thereof.

All original photographic images on this website, including text and images, is protected by copyright law and is copyright to Bruce Kessler and / or RockinHouston.com unless credited otherwise. None of the photographic images on this website may be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way either for your own personal use or for any commercial or non-commercial use without the express written permission of Bruce Kessler and / or RockinHouston.com.

Other Specific Credits:

(1). Beatles 1965: The photographic images on the ROCKINHOUSTON.COM WEB SITE of the Beatles from 1965 were taken by an unknown photographer. To the best knowledge and belief of Bruce Kessler and / or RockinHouston.com, the only originals of these images are in the possession, custody and control of Bruce Kessler and / or RockinHouston.com. Bruce Kessler and / or RockinHouston.com do not assert any superior claim of copyright and / or other intellectual property rights to these images. If you are the photographer who shot these images or a person claiming copyrights to them and can establish such claim of copyright to these images, then please contact Bruce Kessler and / or RockinHouston.com at the address provided herein.

(2). Rolling Stones 1966: The photographic images on this website of the Rolling Stones from 1966 were taken by Paul Wallace and first published in an unknown periodical. Bruce Kessler and / or RockinHouston.com do not assert any superior claim of copyright and / or other intellectual property rights to these images. These images are posted solely as part of the collection of Bruce Kessler and for no other purpose. If you are the photographer who shot these images or a person claiming copyrights to them and can establish such claim of copyright to these images, then please contact Bruce Kessler and / or RockinHouston.com at the address provided herein.

(3). Many of the images on this website were taken by and or feature Larry Lent, a friend of Bruce Kessler from 1974 to the time of his death. Bruce Kessler was given many of the images directly by Larry Lent or his heir. Further, Bruce Kessler was directly involved in the administration of the estate of Larry Lent and the subsequent conveyance, sale and transfer of his photographic work to third parties. All of the images that are now in the possession of any third party were first in the possession, custody and control of Bruce Kessler.  Furthermore, Bruce Kessler received from the estate of Larry Lent the privilege and license to use such images as part of the collective work contained in the RockinHouston.com website as well as any later collective work.  Nothing contained on this website is intended to violate any of the rights subsequently conveyed to those persons who may have acquired any of the photographic images of Larry Lent pursuant to the aforementioned conveyances. Bruce Kessler and / or RockinHouston.com do not assert any claim of copyright and / or other intellectual property rights to those images whose copyright and / or other intellectual property rights were conveyed to or assigned to any third party. Bruce Kessler does, however, assert a privilege to utilize these images by virtue of the prior license and permission conveyed by the estate of Larry Lent as well as the initial purchaser of those images. If you are a subsequent owner of any of the copyright and / or other intellectual property rights to those images and have an issue with any of the above then please contact Bruce Kessler and / or RockinHouston.com at the address herein provided.

(4). A few of the images on this website were taken by and or feature James Townshend who was a friend of Bruce Kessler from 1975 to the time of his death. Bruce Kessler was given many of the images by James Townshend or his heir. Further, Bruce Kessler was directly involved in the liquidation of the photographic images taken by James Townshend and the subsequent sale and transfer of his photographic work to third parties. All of the images that are now in the possession of any third party were first in the possession, custody and control of Bruce Kessler. Nothing contained on this website is intended to violate any rights of those persons who subsequently acquired any of the photographic images of James Townshend. Bruce Kessler and / or RockinHouston.com do not assert any claim of copyright and / or other intellectual property rights to those images whose copyright and / or other intellectual property rights were conveyed to or that are now held by others. Bruce Kessler does, however, assert a privilege to utilize these images by virtue of prior possession and permission conveyed by the heir to the estate of James Townshend. If you are a subsequent owner of any of the copyright and / or other intellectual property rights to those images and have an issue with any of the above then please contact Bruce Kessler and / or RockinHouston.com at the address herein provided.

E. TRADEMARKS

RockinHouston.com trademarks, brand and trade dress may not be used in connection with any product or service that is not RockinHouston.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RockinHouston.com. All other trademarks not owned by RockinHouston.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RockinHouston.com.

17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Bruce Kessler and / or RockinHouston.com respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, then please contact Bruce Kessler and / or RockinHouston.com and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest * a description of the copyrighted work that you claim has been infringed * a description of where the material that you claim is infringing is located on the site * your address, telephone number, and e-mail address * a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law * a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

The Company's Copyright Agent for Notice of claims of copyright infringement on its site is Bruce Kessler who can be reached as follows:

By Mail: Bruce Kessler -Copyright Agent
RockinHouston.com
440 Louisiana Street
Suite 900
Houston, TX 77002

18. Privacy Policy of RockinHouston.com

This statement discloses the privacy practices for RockinHouston.com.

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy, we provide this notice and statement of policy. It explains our information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available as a direct link from all pages of our web site.

A Special Note About Children

Children are not eligible to use our services, and we ask that minors not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.

Our Commitment To Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information from those we actually know are under 18, and no part of our web site is structured to attract anyone under 18.

ELECTRONIC COMMUNICATIONS:

When you visit RockinHouston.com or send emails to RockinHouston.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

The Information We Collect

This privacy policy statement and notice applies to all information collected or submitted on the RockinHouston.com web site. In the course of using our web site, we may automatically track certain information about you. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. Note that many other web sites also collect this information automatically. Please know that we use cookies on certain pages of our web site. We use cookies for several purposes, including remembering your log-in information so that you don't have to enter it on every registered-user page. We also use cookies to track new users coming from banner ads so that we can see which ads are most cost effective. Cookies are stored on your hard drive, not on our web sites. You are always free to decline our cookies if your browser permits, although in that case you may be required to reenter your password and log-in information more frequently during a session. Declining cookies may also prevent you from using many of the features that our web sites offer. If you send us personal correspondence such as e-mails or letters, or if other users or third parties send us correspondence about your activities or postings on our sites, we may collect such information into a file specific to you.

The Way We Use Information

Internally, we use the information that we collect, including personally identifiable information, to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content, and to enhance our site's content and layout. We believe these uses allow us to improve our services and better meet our customers' needs and desires. We may also use the information that we collect, including personally identifiable information, to deliver information to you that, in some cases, are targeted to your specific interests. This information may include notices of updated images that we believe that you will want to know about, promotions, or information about changes in our policies or procedures. If you do not wish to receive this information and request us not to send it to you, we will honor your request and remove your name from our lists. From time to time, we may use your e-mail address or other contact information to communicate with you regarding administrative matters or to provide you with information that we believe that you will want. We use information in the file we maintain about you, and other information we obtain from your current and past activities on our web sites, to resolve disputes, troubleshoot problems, and enforce our published policies.

Our Disclosure of Your Information: We promise never to sell or rent any personally identifiable information about you to any third party. However, we may share non-identifying or aggregate information that does not disclose our customers' identity from time to time with our website designers, advertisers, or others. We use return e-mail addresses to answer the e-mail we receive. Such addresses are not shared with outside parties or added to our mailing lists. We may, however, use such addresses to update our registered user profiles and e-mail address lists. Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this notice and privacy policy statement. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, we can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure the information that we collect about our customers.

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect about you by writing us at our office at the address provided in the How to Contact Us section of this privacy policy statement and notice. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections, which may include asking you to provide us with personal information about yourself. In such event, we may record and maintain the information provided in order to further protect your privacy.

How To Contact Us

Should you have other questions or concerns about these privacy policies or any other matter then please write to us at:

RockinHouston.com
c/o Bruce Kessler
440 Louisiana Street
Suite 900
Houston, TX 77002

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