TERMS AND CONDITIONS ("Terms")
Last updated: January 1, 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.rockittdistribution.com website (the "Service") operated by Rockitt Distribution ("Company", "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
THIRD PARTY WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Rockitt Distribution.
Rockitt Distribution has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Rockitt Distribution shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
1. GRANT OF RIGHTS
(a) The rights granted hereunder shall include the sale of Recordings (as defined in Section 2 below) by, without limitation, permanent digital downloads. You and the Company agree that the Internet digital stores (“Digital Stores”) (e.g., iTunes, Amazon, Spotify, Rhapsody) licensed to exploit your Recordings hereunder must be approved by you.
(b) By clicking the “I Agree” button, you irrevocably grant to Company, throughout the world (the “Territory”) and during the Term (as defined in Section 7 below), the exclusive right:
(i) to sell, copy, distribute and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) (“Sale”) through any and all Digital Stores now operational or hereafter available;
(ii) to collect all income deriving therefrom; and
(iii) to use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and the Service’s general business.
(c) You agree that you will not use the Service to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You acknowledge and agree that Company may terminate your account at any time and/or remove or disable access to any Recordings or any associated materials you provide to Company in the event that Company receives any claim that, if true, would constitute a violation of your representations and warranties hereunder. Please see the Copyright Policy for further information.
(d) You agree that Company may withhold any and all revenues payable that are received in connection with Recordings or other materials submitted by you which Company believes, in its good faith discretion, violate the Terms of Service, and that such revenues will be forfeited by you if Company determines, in its good faith discretion, they are the result of fraud and/or infringement. You agree that you will not be entitled to reimbursement for any fees paid by you to Company in the event Company disables access to your account, your Recordings and/or any other materials you provide to Company, or to any revenues forfeited by you as set forth in the preceding sentence.
(e) You agree that Company may terminate your account if you violate the Terms of Service or, in Company’s good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.
2. RECORDINGS
The term "Recordings" shall be defined as the sound recordings that you submit to Company. Company, in its sole discretion, reserves the right to reject any materials (Recordings, images and/or artwork) that you submit. You agree to submit all Recordings, images and artwork at your sole expense, in the format(s) required by Company or the Digital Stores. Technical descriptions of such format(s) can be found on the content submission page. You agree that Company and/or its suppliers will have the right to make modification to the materials, information or metadata as it relates to the recordings to comply with Digital Store requirements.
3. PAYMENTS
(a) You are required to have an account at PayPal and to provide Company with the email address associated with your PayPal Account. Company will pay you one hundred percent (100%) of Net Income (as defined in Section 3(b) below). Net Income will be posted to your Rockitt Distribution account in a timely fashion after Company's receipt thereof. Statements will be sent to the email address provided during sign up. You may email support@rockittdistribution.com requesting a payment hold or a partial payment up to three business days after receipt of statement, otherwise all funds will be paid out to the PayPal account provided. You will be responsible for any bank fees or other charges related to your use of PayPal. In the event you cannot obtain a PayPal account or your PayPal account access is lost, terminated or otherwise revoked by PayPay, Company will hold any and all Net Income that has accrued for up to one year from the date that each payment was to be rendered in accordance to the company’s reporting and payment schedule. If after one year that a payment was to be rendered you have not acquired/restored access to a PayPal account, you agree that it is Company’s sole discretion to forfeit any related Net Income or to render payment.
(b) "Net Income" shall be defined as Company's actual receipts from Digital Stores less any tax, fee or other charge related to the Sale of your Recordings. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than six months after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.
(c) To the extent that you owe any amounts to Company as a consequence of the Terms of Service or otherwise, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise payable to you.
(d) In the event that Company has, in its good faith discretion, reason to suspect that your account has been subjected to and/or involved in fraudulent or infringing activities, Company reserves the right to discontinue the posting of Net Income to your account and halt payments until resolution of the suspect activities to the satisfaction of Company is obtained. Furthermore, you agree that such revenues will be forfeited by you if Company determines, in its good faith discretion, that they are the result of fraud and/or infringement. To the extent that any fraudulent and/or infringing activities are determined to be caused by your or your affiliates actions or omissions, any costs incurred by Company (including legal fees and expenses) in connection therewith may, in addition to its other remedies, be deducted by Company from any monies otherwise payable to you hereunder. Certain Digital Stores may also have policies related to fraud and suspected fraudulent activities and you agree that it is your responsibility to investigate such policies, if any, and such policies shall be binding upon you hereunder.
(e) The Net Income posted to your Rockitt Distribution account will be pooled in an interest bearing bank account with the Net Income of other Rockitt Distribution customers. You agree that you will not receive interest or other earnings on the Net Income that Company handles as your agent and places in such pooled account. In consideration for your use of the Service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on Net Income held in such pooled account. In addition to or instead of earning interest on such pooled account, Company may receive a reduction in fees or expenses charged for banking services by the banks that hold your Net Income.
(f) To the extent that you elect to use certain Recordings from your Rockitt Distribution catalog to distribute free to any parties (via a Streaming Player, directly through your own website or otherwise), you agree that you will be solely responsible for any of the above referenced third party payment obligations resulting from such deliveries. Without limiting any of the foregoing, you expressly agree to either waive music publishing royalties (if you own or control such rights) or pay any necessary royalties due to third party music publishers as a result of any such free distribution.
(g) In the event that Company is presented with a claim of infringement of copyright, trademark, right of publicity or other intellectual property right, or failure to comply with any third party license requirement or any other claim which, if true, would constitute your breach of, or non-compliance with, any of your representations, warranties or agreements hereunder, you agree that Company may freeze any and all revenues in your account that are received in connection with the disputed Recordings or other materials submitted by you, and that such revenues will be forfeited by you if Company determines, in its good faith discretion, they are the result of fraud and/or infringement. Furthermore, if in Company’s reasonable business judgment it elects to engage an attorney to review and/or respond to such claim, Company shall, in its sole discretion, have the right to deduct from your account or charge your PayPal account (each “Payment Method”) a minimum of Five Hundred Dollars ($500) to offset the costs of associated legal fees and expenses.
(h) In the event that your PayPal account is unable to receive payments from Company, your sole recourse is to terminate the Company’s Service for your Recordings and you understand that any payments of any Net Income owed will be forfeited into perpetuity.
4. SUBSCRIPTION FEES
In consideration of the services rendered hereunder, all Recordings submitted by you and distributed by Company to the Digital Stores require that you purchase a recurring fee-based subscription via a Payment Method. These fees may be amended from time to time by Company without notice to you, however original subscription amount will be honored. You expressly agree that Company is authorized to deduct your recurring subscription fees, any applicable tax and other charges you may incur in connection with your use of the Services directly from your Rockitt Distribution account (i.e., your share of Net Income). You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your Rockitt Distribution account by you or anyone else using your account. If you notify Company in writing that you are terminating your subscription for one or more of your Recordings, no further subscription fees will be charged to your Rockitt Distribution account or Payment Method for those Recordings and all terminated Recordings will be removed from their respective Digital Stores. You will not be entitled to reimbursement of any pre-paid fees with respect to any terminated Recordings. If for any reason you fail to make a payment or a payment is reversed hereunder via the Payment Method or any other method after agreeing to these Terms of Service, Company will be entitled to recoup, at its sole discretion, the subscription fee, by any means necessary, including the right to keep your account active and collect any resulting royalties until the subscription fee is fully recouped. It is your responsibility to notify Company if your Payment Method has changed. If you do not provide a valid Payment Method your service may be disconnected or interrupted at Company’s sole discretion.
5. TERM
The Terms of Service shall apply at all times while you utilize the Service.
6. OTHER AGREEMENTS
You acknowledge that in providing the Services and payments hereunder, Company will be required to enter into certain agreements with various Digital Stores. The selection of these Digital Stores shall be within the sole discretion of Company. You agree that the Terms of Service shall be subject to any applicable terms and conditions of such other agreements that Company enters into with respect to such Digital Stores.
7. CONFIDENTIALITY
You acknowledge and agree that, in the course of negotiating and transacting business with Company, you may become aware of certain otherwise confidential information related to Company’s business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential. You hereby expressly agree that Company shall have the right to provide information relative to the sales of your Recordings hereunder to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner.
8. THIRD PARTY OBLIGATIONS
(a) You shall solely be responsible for obtaining a valid and confirmed PayPal account that is able to receive payments from Company as determined by PayPal for your given country of residence.
(b) You shall be solely responsible for securing and paying for digital phonorecord delivery, mechanical, public performance and any other licenses (as applicable) required from musical composition copyright owners or their agents in connection with Company's exploitation of rights hereunder, as well as royalties due to artists, producers and other persons who performed in the making of the Recordings and all payments that may be required under collective bargaining agreements or pursuant to any statutory schemes.
(c) For digital download sales in the United States, your payment typically includes the mechanical royalty on the underlying composition. In the case of the iTunes Match service, your payment includes a publishing portion that covers both the mechanical and public performance royalties. If you do not own or control the underlying composition(s) in your sound recording(s), it is your obligation to pay these publishing royalties to the person or entity that does. Outside of the United States, Company customarily requires Digital Stores to secure and pay for music publishing licenses (and such license fees may or may not be deducted by the Digital Store concerned from the proceeds payable to Company). If any Digital Store outside of the United States does not agree to secure and pay for music publishing licenses, Company shall have the right, in its sole discretion, to either (i) decline to license such Digital Store or (ii) assume the responsibility to clear and pay for the music publishing licenses required in connection with such Digital Store's Sales, which license fees Company shall have the right to deduct from amounts payable to you hereunder. To the extent that Company is required or elects, in its sole discretion, to pay any of the foregoing amounts, such payments will be deducted from any amounts otherwise payable to you hereunder.
(d) To the extent that Company permits you to select certain Recordings from your Rockitt Distribution catalog to distribute free to fans or directly through your own website, you agree that you will be solely responsible for any of the above referenced third party payment obligations resulting from such deliveries.
(e) You agree that you will not engage in fraudulent or abusive action and you understand that Rockitt Distribution reserves the right to terminate your account if it suspects, in its reasonable judgment, any wrongdoing your part. In the event your account is terminated, you agree to forfeit any and all Net Income.
(f) If requested by Company, you agree to provide copies of any documentation that Company, in good faith and sole discretion, believes will aid in identifying your eligibility to use the Service.
9. WARRANTIES; REPRESENTATIONS; INDEMNITIES
(a) You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this agreement and to grant to Company all rights specified; all of the Recordings, including, without limitation, any sampled third party material embodied therein, artwork, metadata, images and any other materials furnished by you to Company or relating to the Recordings are owned or controlled by you and the use thereof as described or contemplated herein and/or on the website and/or Digital Stores’ websites shall not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity; and that Company shall have the right to exploit same in any manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity other than the amounts payable to you hereunder.
(b) You shall defend and indemnify Company and any of its affiliates (including any directors, members, officers, employees and other representatives) and hold them harmless against any third party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, including reasonable attorneys' fees and expenses.
(c) Company shall give you prompt notice of any claim that is subject to the foregoing indemnification obligation and you shall defend Company at your expense with counsel approved by Company, which approval shall not be unreasonably withheld. In the event you fail to retain approved counsel, Company may, if it so elects, defend itself at your cost and expense and you agree that Company may require your participation in such defense as a third party or otherwise and you hereby waive any objection or claim to compensation in respect of same. If a claim is made Company shall have the right, in its sole discretion, to remove or disable access to the Recordings and/or any associated materials that are the subject of such claim, and/or to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses. Any settlement of any claim shall be subject to Company's prior written approval.
10. DISCLAIMERS; EXCLUSIONS; AND LIMITATIONS
(a) Company makes no warranties other than those made expressly in Terms Of Service, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
(b) In no event will Company, its officers, directors, employees or agents be liable to you for any damages whatsoever for any consequential, incidental punitive or special damages (including damages relating to lost profits or loss of goodwill) arising out of, relating to or connected with the use of the Company’s Service, base on any cause of action, even if advised of the possibility of such damages.
(c) In no event will Company, its officers, directors, employees or agents be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of Service, no matter whether the damages are foreseeable and whether or not Company has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Company’s aggregate liability to you exceed One Hundred Dollars ($100).
11. MISCELLANEOUS
(a) The Service may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services, including, without limitation, applicable common law, all relevant statutes, and the rules and regulations of the Office of Foreign Assets Control of the U.S. Department of the Treasury. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Service:
(i) Disable, hack, circumvent or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Company content or materials;
(ii) Use any metadata, search terms or other hidden text utilizing a Rockitt Distribution name, trademark, URL or product name;
(iii) Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
(iv) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive or false source-identifying information;
(v) Upload, submit, post, email, or otherwise transmit, via the Services, any Recordings or other materials that are, in the sole opinion of Company, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable;
(vi) Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the website, servers or networks connected to the website or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the website;
(vii) Attempt to scan, probe or test the vulnerability of any Company system or network or breach, impair or circumvent any security or authentication measures protecting and providing security for the Service;
(viii) Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Service;
(ix) Attempt to search, meta-search or access the Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Service to determine how a website or web page ranks;
(x) Collect or store personal data third parties using the site without their express and explicit permission;
(xi) Impersonate another person, entity, business or organization regardless of whether that person, entity or business is fictitious or does not actually exist;
(xii) Use the Service in any manner not permitted by the Terms of Service; or
(xiii) Assist or encourage any third party to do any of the foregoing or to breach and/or violate any of the Terms of Service.
(b) Company does not guarantee exploitation of the Recordings, which will depend on Digital preference, nor on the inclusion or participation of any given Digital Store. Company reserves the right in its sole discretion to decline to engage in business with any given Digital Store. Except as specifically set forth in the Terms of Service, Company shall have no obligations to you.
(c) Company shall not be deemed in breach of the Terms of Service unless you have given Company notice of the breach and Company has failed to cure such breach within thirty (30) days after receipt of such notice. In no event shall any breach entitle you to rescind the rights granted hereunder.
(d) The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Nevada excluding that body of law pertaining to the conflict of laws. Any legal action or proceeding arising under the Terms of Service shall be brought exclusively in courts located in the State of Nevada, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury. In the event that any provision in the Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of the Terms of Service will not be deemed a waiver of such right or provision. You may not assign the Terms of Service (by operation of law or otherwise) without the prior written consent of Company and any prohibited assignment will be null and void. Company may assign the Terms of Service or any rights or obligations hereunder without your consent. The relationship of the parties under the Terms of Service is that of independent contractors and the Terms of Service shall not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that the Terms of Service and the rules, restrictions and policies contained herein, and Company's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Company. The Terms of Service, together with the rules and policies of Company, constitute the entire agreement between Company and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (i) by Company via email (in each case to your email address of record) or (ii) by you via email to legal@rockittdistribution.com. The date of receipt shall be deemed the date on which such notice is transmitted.
(f) You acknowledge that you have read and understand Company's Privacy Policy as more fully described on the Service, and by using the Service you have expressly accepted the terms and conditions set forth in such Privacy Policy, as same may be amended from time to time.
(g) It is your responsibility to deliver all necessary information, metadata, songs, graphic files or any other information or music in the format required. You acknowledge that Company will not be obligated to furnish its services hereunder until receipt of said materials.
(h) You authorize Company to make and perform clips of your Recordings up to ninety (90) seconds in length via streaming or download free of charge (the "Clips") to promote the band, artist and/or Sale of applicable Recordings. To the extent that you own or control the publishing rights in the musical compositions embodied in your Recordings used in the Clips (the “Compositions”), you authorize Company to make and perform clips of your Compositions up to ninety (90) seconds in length via streaming or download free of charge to promote the band, artist and/or Sale of applicable Recordings. Said Clips may be created by Company or any third party affiliated with Company by using any consecutive ninety (90) seconds of the applicable Recording(s).
(i) Company reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason whatsoever.
(j) If an audiovisual master is rejected by a Digital Store because it does not meet that store’s technical or editorial specifications, you must pay a resubmission fee before resubmitting the master. In the event you are unable or unwilling to correct the errors or quality issues in order to resubmit the audiovisual master, there shall be no refund on previously paid fees – the fees paid for the initial submission and any resubmission are not refundable under any circumstance.
12. COPYRIGHT POLICY
Rockitt Distribution has a zero tolerance for copyright infringements and expects its users to do the same. In compliance with the Digital Millennium Copyright Act of 1998 as embodied in 17 U.S.C. § 512 (the “DMCA”), a copy of which may be found on the United States Copyright Office website at http://www.copyright.gov/title17/92chap5.html#512, Rockitt Distribution will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using the Rockitt Distribution service.
Rockitt Distribution will also disallow subsequent submissions through the Service by Offender. Rockitt Distribution considers an offender to be any user that has utilized the Service to upload material and for whom Company has received more than one uncontested takedown notice compliant with the provisions of 17 U.S.C. § 512(c) with respect to such material. Company has sole discretion, however, to terminate the of any user under any circumstances.
DMCA Notification of Claimed Infringement
If you are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify Rockitt Distribution of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using the Rockitt Distribution service by completing a DMCA Notification of Claimed Infringement (the “Notification”) as described below and delivering it to Rockitt Distribution’s Designated Copyright Agent at legal@rockittdistribution.com. It is important to emphasize that you should only submit a Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.
To be effective, the Notification must be a written communication provided to Rockitt Distribution’s Designated Copyright Agent that includes substantially the following:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rockitt Distribution to locate the material;
3. Information reasonably sufficient to permit Rockitt Distribution to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed; and
6. The physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.
Once completed, please deliver the Notification to Rockitt Distribution’s Designated Copyright Agent at legal@rockittdistribution.com
Upon receipt of a valid Notification, Rockitt Distribution will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
DMCA Counter Notification
If material you have posted online using the Rockitt Distribution service has been removed or disabled in response to a DMCA Notification of Claimed Infringement, Rockitt Distribution will promptly forward the Notification to you and inform you that it has removed or disabled access to such material. If you own or control the rights to the material you posted online using the Rockitt Distribution service and you believe that your material was removed or disabled by mistake or misidentification, you may send Rockitt Distribution’s Designated Copyright Agent a DMCA Counter Notification (the “Counter Notification) as described below. It is important to emphasize that you should only submit a Counter Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.
To be effective, a DMCA Counter Notification must be a written communication provided to Rockitt Distribution’s Designated Copyright Agent that includes substantially the following:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Rockitt Distribution may be found, and that you will accept service of process from the person who provided the DMCA Notification of Claimed Infringement (the “Claimant”) or an agent of such person; and
4. Your physical or electronic signature.
Once completed, please deliver the Counter Notification to Rockitt Distribution’s Designated Copyright Agent at legal@rockittdistribution.com
Upon receipt of a Counter Notification, Rockitt Distribution will promptly forward it to the Claimant and inform the Claimant that Rockitt Distribution will replace the removed material or cease disabling access to it unless the Claimant notifies Rockitt Distribution’s Designated Copyright Agent within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity with regard to the material posted online by you using the Rockitt Distribution service. If Rockitt Distribution receives notification that the Claimant has filed such a lawsuit, it will be unable to replace the removed material or cease disabling access to it. If Rockitt Distribution does not receive such notification, it may, in its sole discretion, replace the removed material or cease disabling access to it.
Please note that when Rockitt Distribution forwards the Counter Notification to the Claimant it includes your personal information. By submitting a Counter Notification, you consent to having your information revealed in this way.
Contact Us
If you have any further questions, please contact us.