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LEGAL FAQ

Why do I have to read all this stuff?

For the same two reasons we have to write it: LAW and ORDERING.
That's right, law and ordering: it may be easy, almost effortless, to reach our site (you just click on a link or type in the URL), but by doing so you are actually ORDERING a copy of our site, or some part of it.

To clarify, coming here is as simple as calling your local pizza delivery service, right? Well, on the Internet we're like the pizzeria you've called and our site is the pizza you've ordered! Repeat: you HAVE placed an order! Your relationship with whatever you've ordered is regulated by law (think about it: you're expected to pay the pizza's list price, you can't copy and freely use the pizzeria's logo from the box just because they gave it to you, you're not supposed to throw the pizza at the delivery boy...), as is our relationship with you (we're not supposed to charge you double or deliver a burger without informing you of changes to the pricelist and menu, we can't pretend we're some other famous pizzeria, our delivery boy is not supposed to throw the pizza at you...); we are legally bound by international and local LAW to inform you of your rights and responsibilties and you are free to accept them or leave (don't like pizza, price, delivery boy, got the wrong number, anything? call somewhere else!). End of pizzeria simile.

If much of the following sounds overelaborated or even ominous to those in good faith (the overwhelming majority of you visitors), that's because it's basically addressed to those who either aren't aware of what's acceptable or don't care. Dear good-willed visitor, it is for both your and our protection.

We have purposefully avoided breaking down the information into seperate pages ("privacy", "disclaimer", "terms and conditions", "copyright", "product warranty", etc.) because you're required to read it all anyway, without skipping to "the relevant section".

So, please take the time to ponder it through, make sure you understand it, check it in the future from time to time for modifications (which are legally binding whenever you use the site) and, if any passage is unclear or you disagree with it, we must ask that you stop using this site (and write us if you like).

Who is responsible for this website?

www.saintrock.com is a creation of Saint Rock s.r.l., an Italian limited company (Società a Responsabilità Limitata) based in Milan, Italy.

Official correspondence relating to the site must be sent via registered mail, return receipt requested, to our Head Office:
Saint Rock s.r.l., Via Domenichino 40, 20149 Milano MI, ITALY
telephone: ++39-3356144134

The webmaster is Mr. Mark Baldwin Harris, who can be reached at the same address and number, and by e-mail.webmaster@saintrock.com

The site is hosted by Planet s.r.l., Corso Lodi 12, 20135 Milano MI, ITALY
telephone: ++39-0258302586

Saint Rock makes no representation that materials in our site are appropriate or available for use in other locations and other countries. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This document - which constitutes an agreement between you and Saint Rock - has been drawn up in compliance with, and shall be construed and enforced in accordance with, Italian law. Any action to enforce this agreement shall be brought solely in the courts located in Milan. By using our site, you irrevocably submit to the jurisdiction of the Milanese courts in any such action or proceeding.


Is the content of this site subject to legal protection?

You should assume that everything you see, read or hear on our site is copyrighted unless otherwise noted; we neither warrant nor represent that your use of materials displayed on our site will not infringe rights of third parties not owned by or affiliated with Saint Rock s.r.l.

"Saint Rock" and the "eighth-note on shell" logo are registered trademarks of Saint Rock s.r.l., and, except where indicated, the contents and form of the site constitute a copyrighted work: © Saint Rock s.r.l. 1998-2004.

Any other trademarks appearing on the Web Site are the property of their respective owners.

All rights are strictly reserved, which means that the reproduction, copying, downloading, storage, recording, broadcasting, retransmission and distribution of any part of www.saintrock.com is expressly prohibited without our prior written permission. Inquiries may be directed to our legal department. For use of material which is not ours (e.g. newsfeeds, many articles and photos), you should contact the copyright owners; on request, we will supply contact information if available.

There is only one exception to the above: you may link to our doorway (www.saintrock.com), provided you inform us of where you are doing so; if requested by us at any time to remove this link, you will comply immediately.
Therefore, you may not link to any other page without requesting and receiving email confirmation from us, which may be revoked at any time. "Framing" is strictly forbidden.

Do you guarantee your content?

To the fullest extent permissible pursuant to applicable laws, no warranty of fitness or any other warranty whatsoever is implied regarding the content of www.saintrock.com, which is provided on an "as is" and "as available" basis. Saint Rock and its affiliates shall have neither liability nor responsibility to any person or organization with respect to any loss or damage arising therefrom, or the use thereof.

Your following links to any other off-site pages or other sites is likewise at your sole risk.

Do you guarantee all goods and services?

Unless expressly stated, Saint Rock is not an agent for and does not vouch for those third parties (persons, companies and other organizations) whose goods or services may be displayed or referred to on www.saintrock.com, nor for the availability, suitability or prices of such goods and services. Your dealings with such third parties, including, without limitation, the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with your dealings with third parties are solely between you and the third party.

Furthermore, Saint Rock is not liable to you or any third party for the
temporary or permanent unavailability of any service, content, or site, be it of the third party or Saint Rock itself.

Can anyone use this site?

Pre-teens must have the permission of their parent, parents, or legal guardian to view this site, but cannot in any case subscribe to any clubs or services.

Teenagers under 18 must have the above stated permission, and can avail themselves with said permission of all services.

With this proviso, the above categories and anyone else - upon acceptance of our terms and conditions as outlined on this page - can use the site.

What's your policy with unsolicited material?

Any purportedly original creative work of any description, sent by any means, will be treated as non-confidential and non-proprietary if we haven't specifically requested it from you. In other words, we will be free to reproduce, disclose, transmit, publish, broadcast and post it for any purpose. We will be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without our specific request for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services using such information.

How about my personal information and material when I join a club?

In this case, you will have a username and password with which to modify your info and material at any time. Be aware that you alone are responsible for the veradicity of said info and material, and for any infringment of the rights of third parties (for example, if you give us a link to your photo when joining the Clubhouse, make sure it's a photo of yourself and that, if it's not your own property, you have written permission to use it).

You are responsible for keeping us updated with accurate, complete, and updated registration information; failure to do so may result in immediate termination of your account. Take care not to select or use a username subject to the rights of any person other than yourself without authorization (names of well-known people it may appear that you are impersonating, brand-names, etc.), or provide a username or any public information that Saint Rock, in its sole discretion, might deem offensive or in any way inappropriate, as either action may result in termination of your account at any time.

What are the benefits of club membership?

As already stated, use of any part of the site implies full assent to the terms and conditions clarified through this page. Anyone who accepts these can read Terramedia and Clubhouse posts, but only members (who also declare acceptance of the club rules, which are formulated strictly according to Italian law) hold writing priviledges, are eligible for special direct mailings, can access "secret" pages containing material unavailable elsewhere, and participate in members-only contests and events.

How safe are my personal details?

Apart from details necessary for shipping product, which we must forward to our warehouse and accountant, whatever details you choose to share with us will not be divulged to third parties without your permission except as required by law or necessitated by legal proceedings. Your personal information is stored in a very safe place and any use for preparing public statistics (where your identity will be suppressed in any case) or in-house surveys will be performed or directly overseen at all times by the webmaster.

What would happen to my personal details if I were to quit, to opt out?

Personally identificative information (name, email, street address) will be removed from all of our files related to the service for which you have opted out. Thus, if you were simply on the newsletter mailing list, you "disappear" altogether. Any other information (personal preferences, etc.) may remain on file for anonymous statistical use.

If you've been banned from a club for any reason, or have commited any abuse related to our site in any way (decided at Saint Rock's sole discretion), we will maintain all your records intact in our private files.

Non-personally-identifiable data supplied by members - whether former or active - may be provided at any time to other parties for marketing, advertising or other uses; Saint Rock reserves the right to disclose information about your usage, demographics, and personal preferences in forms that do not reveal your personal identity.

How safe are my credit card details?

We never even see these details, which are encrypted and processed through an industry standard Secure Socket Layer (SSL) session by our bank (Banca Sella) through Verisign. Be advised that you must be using a fairly recent browser for this to work, and you must enable cookies.

Why are your prices only in euro?

If you're asking this, it can only be because you're not yet used to paying in this important currency; as time passes, you will be more comfortable "thinking in euro". The euro is the "dollar" of the European Community.

What's your delivery time?

Saint Rock uses Italian registered post for all deliveries. Our experience is that no more than a week is required for world-wide delivery. However, consider that we need time to receive bank confirmation and process your order with our shipping department. In any case, you will be notified as soon as your order leaves our warehouse.

Orders placed with destinations in Italy can be monitored over the Internet with a code we supply to purchasers, and we sincerely hope to offer this service to all customers in the near future.

Do your CDs have a warranty?

In Italy, you have the legal right to return unwanted merchandise within 10 days; in other countries this option may not exist or may vary. If you have and choose to exercise this right, since mail can be slow you should inform us promptly within this period (or whatever period indicated by your local law, full details of which you must supply) by email so that we can block your credit card charge, at the same time sending your request along with appropriate legal details (for countries other than Italy) by registered mail, return receipt requested. Saint Rock reserves the right to refuse future service to those who, at our sole discretion, we deem abusive of this option.

What about defective product?

We have had only one case of a defective CD (and we've printed many thousands of copies). Naturally, should you be the unfortunate recipient of another one, your CD will be replaced with one of the same title at no extra cost to you.

What if real problems arise?

You hereby indemnify, defend and hold Saint Rock, and its respective licensees, affiliates and all their respective officers, directors, owners, agents, affiliates, licensors and licensees harmless from and against any and all liability and costs incurred by the aforementioned in connection with any claim arising out of any breach by yourself, or any user of your account, of the present agreement or any of the foregoing representations, warranties and covenants, and operating rules, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as required in the defense of any claim. Saint Rock reserves the rights, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you yourself. The assumption of such defense or control by Saint Rock, however, shall not excuse any of your indemnity obligations.

Any allegation regarding misuse of copyrighted material or complaints regarding the presence of any material on this site held to violate any applicable law or regulation must be sent by registered mail, return receipt requested, to our Home Office street address as given above. Such communication must contain complete and unequivocal indications of the material and laws in question. Upon receipt of said registered and completed communication, Saint Rock reserves the right to a period of 40 days within which to verify any such allegations and complaints and remove or modify the material in question; by opting to do so, Saint Rock clears itself of any legal obligation whatsoever and, specifically, will not be held liable for claims of damages pertaining to the 40-day period or any time period preceeding or following the same. Saint Rock will not be held responsible in any case for considering, replying to, or otherwise acknowledging or acting on any allegations or complaints communicated in any other manner than the aforementioned.

You agree that any claim or cause of action arising out of your use of this site in accord with this agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

If you are otherwise dissatisfied with Saint Rock's service, beyond our willingness or possibility to meet your needs, your exclusive remedy is to discontinue use of the service.

Whew, how about a pizza?

Sorry, we don't sell pizzas, but if you ever happen to be in the Milan area, let us know and we may be able to set up a rendezvous: we know dozens of choice purveyors!

Thanks for taking the time to read this page. Remember to check it in the future regularly for modifications (which are legally binding whenever you use the site). For your convenience, the link on the "legal notices" index page will always carry the latest version's date. As stated above, if any passage is unclear or you disagree with it, we must ask that you stop using this site (and write us if you like).