Terms of Service

Our rules and terms

Signing up for the Roqstar services or any affiliated services on this site constitutes agreement and acceptance of all terms over all products and services. Roqstar offers users the ability to buy or sell digital goods and services as either digital items or freelance services.

It is your responsibility to keep abreast of any changes to the terms and services, which can be found on the "Terms of Service" link at any time. Any changes to the terms will be noted at the top of the page for 30 days upon the new term taking effect.

You are required to read, agree and accept the Terms of Service agreement including our Privacy Policy before using this site.

Language summaries will be provided for ease of reference.

1. Account Terms

1. You must be 18 years or older to use our Services (or the age of majority from where you use reside or use our Services).

2. To access and use the Services you must register for a Roqstar account ("Account") with a valid email address, your full legal name, current address, country and any other information required when indicated. We will use the email address you provide for primary communication and can refuse any account application at our discretion.

3. Security of passwords rest solely with the user and the site bears no responsibility in this regard.

4. You are responsible for all activity and content such as the images, photos, videos, graphics, written content, audio files, information, code or data uploaded, stored, collected generated, displayed, distributed, exhibited or transmitted through your account. Any violations or breach of terms will result in account suspension or termination at Roqstar's sole discretion.

Summary

You are responsible for all materials uploaded or sent from your account. We may cancel your account at our sole discretion and will use your email address to contact you where needed.

2. Account Activation

2.1 Account Activation

2.1.1 In relation to section 2.1.2, only the person that signed up for the service ("Account Owner") can use the account.

2.1.2 If you are signing up on behalf of a business you submit that you have the authority to bind the business to the terms of service as outlined.

2.2 Stripe Checkout, Paypal Checkout and Roqstar Payments Accounts

2.2.1 After signing up, Roqstar will create a Stripe account on your behalf, using your email address for the purpose of processing your credit card payments for subscription services which are processed by Stripe.

2.2.2 You acknowledge that Stripe Checkout and Paypal will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. PayPal Express Checkout is a Third Party Service, as defined in another Section of these Terms of Service.

2.2.3 If you have a premium account, Stripe can be offered as a second payment gateway. Stripe offers fast credit card payment which can help you sell more. In order to offer Stripe as payment gateway for your customers and receive payments you have to enter your email address and / or attach your Stripe account to your Roqstar account.

2.2.4 Use of Paypal is a requirement for use of the Roqstar services and all users will be bound separately by the terms and conditions that Stripe has separately from that of Roqstar's terms and conditions.

2.3 Paypal Checkout and Payments

2.3.1 Payments can be made by PayPal and a new account can be created for this purpose if necessary with PayPal, who is a Third-Party Service, as defined in another Section of these Terms of Service.

2.3.2 To sell items on the site you need to be PayPal enabled to accept payments.

2.3.3 If the PayPal address is removed from your account then you will not be able to accept payments.

2.4 Using your own domain names

You can use your own domain name and forward to your profile domains with advertisement banners are not acceptable to implement the page as iframe or partially in your own site. You are responsible for the automatic renewal your own domain if forwarded to your public profile at Roqstar.

Summary

You will be responsible for all t&c listed herein and if you are signing as authority for a company you represent that you have the authority to make that company liable for these terms and conditions.

We automatically create accounts for you to accept payments and pay subscriptions. You are responsible for activating, deactivating and managing these accounts.

If you want to use your own domain and forward to your profile you agree not to cover the page with anything else.

3. General Conditions and Terms

In order to use Roqstar you must read, accept and agree to all the terms and conditions included in this Terms of Service and our Privacy Policy.

3.1 Technical support is gained via ticket system or email. Nonpaying account holders receive only limited support.

3.2 The Terms of Service shall be governed by and interpreted in accordance with the laws of Zurich, Switzerland and the laws of Switzerland applicable therein, without regard to principles of conflicts of laws. All parties unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of Zurich, Switzerland with approval to any claim or dispute that may arise in connection with the Terms of Service. We hereby expressively exclude The United Nations Convention on Contracts for the International Sale of Goods and exclude hereby that they will not apply to these Terms of Service.

3.3 You acknowledge and agree that Roqstar may adapt and change these Terms of Service at any given time and is posting these adapted and changed Terms of Service on the Roqstar website at http://www.roqstaraudio.com/terms-of-service . These Terms of Service and all included changes become effective at the time and date they are posted. Continued use constitutes acceptance of all terms; if you do not agree, do not use the site.

3.4 You are not allowed to use the Roqstar services for any illegal or unauthorized purpose. You are also not allowed to use the Service if you violate any laws in your jurisdiction. This especially includes copyright laws but also all other laws. You agree to comply with all applicable laws in your customers country or the laws of Zurich, Switzerland. You furthermore agree to all applicable laws of our Terms of Service.

3.5 You hereby agree to no copy, duplicate, resell or reproduce any part of the Service, access to the Service, or use of the Service without express written permission.

3.6 You shall not buy search engine advertisement or pay per click keywords (for example as Google AdWords) or domain names that use Roqstar or Roqstar brands and/or variations and misspellings thereof.

3.7 All Questions about the Terms of Service should be sent to support [ at ] roqstaraudio.com

3.8 You recognize that your provided Materials such as Files and Graphics (not including credit card information), can be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. All Credit Card information is always encrypted during transfer over networks.

3.9 You acknowledge and agree that your use of the Service and all information and Materials uploaded, transmitted and stored by Roqstar, is underlying our privacy policy at http://www.roqstaraudio.com/privacypolicy

Summary

The Roqstar Service is owned by us and belongs to us. You are not allowed to copy any part or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with jurisdiction in the Zurich, Switzerland.

Your data and all Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Roqstar Rights

4.1 We reserve the right to modify or terminate the Service for any reason, without notice at any time.

4.2 We reserve the right to refuse service to anyone for any reason at any time.

4.3 We may remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store or violate our Acceptable Use Policy or these Terms of Service.

4.4 Verbal or written abuse of any kind (including threats of abuse or retribution) of any Roqstar customer, Roqstar employee, member, or officer will result in immediate Account termination.

4.5 Roqstar holds sole discretion to refuse or remove any Materials from the Service.

4.6 We reserve the right to provide services to any person or market we desire without consideration as to competition with any current user.

4.7 You may be required to show commonly accepted valid id to prove account ownership at our sole discretion.

4.8 We reserve the right to cancel any account where we cannot prove account ownership.

Summary

We can modify, cancel or refuse the service at any time. In the event of an ownership dispute over a Roqstar account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

5.1 Roqstar shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

5.2 In no event shall Roqstar or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Roqstar partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

5.3 Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

5.4 Roqstar does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Summary

You are responsible for all actions undertaken by you on this site.

Service is "as is" with no warranty provided by us.

6. Waiver and Complete Agreement

We have waived any liability to any third party or user of this site and this agreement constitutes our full set of terms as agreed between parties. We will determine at our sole discretion any remedy that we will take to enforce these provisions and hold the right to do so at any time.

Summary

If Roqstar chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the entire agreement that applies to you.

7. Intellectual Property and Customer Content

7.1 We do not claim any intellectual property rights over the Materials you provide to the Roqstar service. All Materials you upload remains yours. You can remove your Roqstar store at any time by deleting your Account.

7.2 By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Roqstar to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Roqstar can, at any time, review all the Materials submitted to its Service, although Roqstar is not obligated to do so.

7.3 You retain ownership over all Materials that you upload to a Roqstar store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.

7.4 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known and omits information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

7.5 Roqstar shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

Summary

Anything you upload remains yours and your responsibility.

8. Profile responsibilites

8.1 You have the option to publish customized text and images on your store and profile page.

8.2 Your texts and images (Materials) can not violate intellectual property rights, include foul language or inappropriate Materials or include any outgoing links. You must not upload and publish any Materials that promote items or services of a third party that are not offered on this platform.

8.3 We can decide in our sole discretion if an element violates the Roqstar Terms of Servoce or AUP. Roqstar may request you to modify your profile Materials or ban your account temporary (until changes have been made) or terminate your account for repeated violations of the Terms of Service or Roqstar AUP

8.4 You are responsible to make sure that you own all rights for the Materials uploaded and published on your profile.

Summary

You can publish text and images on your profile but you must respect the rights of others and do not use outgoing links nor foul or inappropriate text and images.

9. Freelancer Services

9.1 You have the option to offer your freelancer services on Roqstar and generate additional income and help you to build a follower crowd. The services offered must be music production oriented or in connection with music production, artists services.

9.2 Roqstar does not roster or enlist freelancers. It is the freelancers sole responsibility for offering and communicating about freelancer services. Roqstar takes no responsibility for any work performed by freelancers or failure that arise from any of the work.

9.3 The message system at Roqstar is solely intended for the use of a single freelancer request or requests about items of the seller. The message system shall not be used to send mass mailings, spam or market your own freelance services or products. All advertisement or self-advertisement via message system will result in a ban of your account.

9.4 Under no circumstances shall Roqstar be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Roqstar experts. These limitations shall apply even if Roqstar has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

Summary

Freelancers who offer their services at Roqstar are working for themselves. We are not responsible for them.

10. Item Approval, Featured Items and Services

10.1 Roqstar lists all products offered by sellers on the marketplace.

10.2 Roqstar does pre-check items before release because they appear in the collective marketplace. If an item includes too much text on the product image or inappropriate content we may refuse to release your product until the problem has been corrected. We keep the right to do so at any time and in our sole discretion. We may remove any items that violate our Terms of Service.

10.3 You have the option to book additional exposure for your item. Your item will appear within the "Featured items" during the time of the bought promotion period.

10.4 The paid promotion services increase chances for sales and very likely bring you higher revenue and ROI but we do not guarantee in any way that you will have more sales.

10.5 All promotion fees are non refundable once started.

10.6 We keep the right to refuse the option for this promotion at any time in our sole discretion.

10.7 Roqstar can not be hold liable in any form for any direct or indirect damages or results due to your promotionntent or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Roqstar has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

Summary

The Product Search tool is provided by Roqstar "as is" and Roqstar is not responsible or liable for any sale arising from your use of the tool. You should have a suitable written agreement in place with any person that purchases goods wholesale from you. These Terms of Service apply to you regardless of whether your wholesale transaction occurs on the Roqstar platform. Your Transaction Fees may be higher if you sell wholesale on the Roqstar platform.

11. Payment of fees

11.1 You will pay the Fees applicable to your subscription to Online Service and/or POS Services ("Subscription Fees") and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account ("Transaction Fees"), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".

11.2 You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Roqstar will charge applicable Fees to the credit card account that you authorize ("Authorized Card"), and Roqstar will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

11.3 Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged from time to time at Roqstar's discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Roqstar administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

11.4 All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").

11.5 If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Roqstar's products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

11.6 Roqstar can not be hold liable in any form for any direct or indirect damages or results due to your promotionntent or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Roqstar has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

11.7 To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to support [ at ] roqstaraudio [ dot ] com.

11.8 Roqstar does not provide refunds.

Summary

For live payment gateways and running a paid account, a valid credit card is required. You will be billed for your Subscription Fees every 30 days. If we can not bill your credit card your items will not be shown within the marketplace. We will try to bill your card again 1-2 days afterwards. If it fails again your items will be removed.

Any Transaction Fees or Additional Fees will be charged to your credit card. If you're exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we'll stop adding taxes to your bill. No refunds.

12. Cancellation and Termination

12.1 You may cancel your Account at anytime by emailing support [ at ] roqstaraudio [ dot ] com and then following the specific instructions indicated to you in Roqstar's response.

12.2 Upon termination of the Services by either party for any reason:

  • 12.2.1 Roqstar will cease providing you with the Services and you will no longer be able to access your Account;
  • 12.2.2 unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
  • 12.2.3 any outstanding balance owed to Roqstar for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

12.4 If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

12.5 We reserve the right to modify or terminate the Roqstar Service or your Account for any reason, without notice at any time.

12.6 Fraud: Without limiting any other remedies, Roqstar may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Summary

To initiate a cancellation send us an email. Roqstar will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Roqstar will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you'll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

13. Modifications to the Service and Prices

13.1 Prices for using the Services are subject to change upon 30 days notice from Roqstar. Such notice may be provided at any time by posting the changes to the Roqstar Site (roqstaraudio.com) or the administration menu of your Roqstar store via an announcement.

13.2 Roqstar reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

13.3 Roqstar shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Summary

We may change or discontinue the service at anytime, without liability.

14. Third Party Services

14.1 Prices for using the Services are subject to change upon 30 days notice from Roqstar. Such notice may be provided at any time by posting the changes to the Roqstar Site (roqstaraudio.com) or the administration menu of your Roqstar store via an announcement.

14.2 Roqstar may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via the Roqstar App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). Any use by you of Third Party Services offered through the Services or Roqstar's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

14.3 We do not provide any warranties with respect to Third Party Services. You acknowledge that Roqstar has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Roqstar's websites, including the Roqstar App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Roqstar. Roqstar does not guarantee the availability of Third Party Services and you acknowledge that Roqstar may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Roqstar is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Roqstar strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

14.4 If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Roqstar is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

14.5 Under no circumstances shall Roqstar be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Roqstar has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

14.6 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Roqstar partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

Summary

We are not responsible for third party services so use them at your own risk. If you use any third party services on the Roqstar platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

15. DMCA Notice and Takedown Procedure

Roqstar supports the protection of intellectual property and asks Roqstar sellers to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Roqstar's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Please open a support ticket to report a DMCA and start a takedown procedure.

Summary

Roqstar respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don't think the claim is valid, you can proceed with a counter notification. If you believe one of our sellers is infringing your intellectual property rights, you can send Roqstar a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

Date: 6th of January 2018

ROQSTAR GmbH
Zurich, Switzerland

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