Hip Hop IPO (collectively, “we”, “us” or the “Company”) would like to welcome you to the hiphopipo.com and community (“Services”). By accessing or using the hiphopipo.com website or any of our applications or services that may run on the websites of our partners (collectively, the “Website”) or by registering for the Services, you are agreeing that you have read and understood these Terms and Conditions of Use (collectively, the “Agreement”), and that you are bound by the Agreement. Your acceptance of the Agreement is required for use of the Website and should you opt not to agree to the Agreement, you will not be authorized to access the Website or the Services. This agreement may be amended at our sole discretion at any time, Changes to the Agreement will be available on our HTTP server at this website address and will be effective immediately upon posting. We will take reasonable actions to notify you of changes to the Agreement. Your continued use of the Website or the Services constitutes acceptance of all changes to the Agreement. It is the responsibility of each user to read, understand, adhere to and ensures that he or she is aware and operating under the most current version of the Agreement. If you do not agree to be bound by this Agreement, do not use the Website or the Services.
In the course of providing you the Services, we may need to communicate with you through various mechanisms. You authorize us to send all notices, disclosures, records, agreements (including this one) and documents relating to the Services and your membership account (collectively, “Disclosure”) electronically to your email address, or to post certain Disclosures which do not relate to your personal information online with notice to you, such as a hyperlink or online directions on where to retrieve information. You agree to print a copy of any electronic Disclosure for your records.
You agree to promptly correct or keep current your email and regular mailing addresses by logging onto your membership account and changing it on your account information screen. Should fail to do so, we are not responsible if you do not receive all Disclosures. To access Disclosures electronically and print copies for your records, you must have Internet and email access, as well as access to a printer. In the event that we choose not to send Disclosures electronically, you agree that we may send Disclosures by U.S. mail to the post office mailing address provided by you.
You agree that during your use of service, we may deliver communications to you via email, instant messaging, cell phone voice and/or text, pager, and other electronic communications devices (i.e. personal computer). You agree to receive these messages when you register for the Services, provide your contact information through the Website and/or utilize the Services in any way. We require the ability to deliver Disclosures in order to operate the Services. You may discontinue receipt of all Disclosures only by terminating your membership account.
You must be at least fourteen (14) years of age to register for the Services. Membership in the Services is void where prohibited. By registering with the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all Terms and Conditions of this Agreement.
The Services are effective until terminated by us, with or without cause, and at our sole discretion. Without limiting the foregoing, the Company may immediately terminate your use of membership to the Services in the event of the following: (a) breaches or violations of the Agreement or other agreements or guidelines incorporated herein or as may be posted on the Website, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Upon such termination, you will not be able to access or utilize the Services in any way. In such event, you agree not to gain or attempt to gain unauthorized access to the Service and that we shall not be liable to you nor any third-party for any termination of your account or access to the Services.
The Services are for the personal use of its individual members (registered subscribers) only and may not be used in connection with any commercial endeavors or for any business reason than by us. You may not engage in advertising to, or solicitation of, other members. This includes, but is not limited to solicitation or advertising to buy or sell any products or services through the Services or to attend parties or other social functions or networking for commercial purposes. In order to protect our members from unauthorized advertising or solicitation, we reserve the right to restrict the number of emails, which a member may send to other members in any 24-hour period to a number, which we deem appropriate in our sole discretion. We reserve the right to review member messages containing content that are posted on the Website. Should violations of the Agreement become known to us, we may take appropriate remedial actions, which may include the immediate termination of the offending membership account, without notification.
In accessing the Website and/or using the Services, you agree not to:
Post content or initiate communications, which are defamatory, inaccurate, unlawful, libelous, abusive, obscene, discriminatory, offensive, sexually oriented, threatening, harassing, racially offensive or otherwise objectionable.
False state, impersonate, or otherwise misrepresent your company, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your User Name and User Password), use of the Service, or access to the Services.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the rights to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights or that otherwise violates the rights of another party.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment.
Interfere with disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services.
Use any high volume, automated, or electronic means to access the Website or Services (including without limitations robots, spiders, or scripts).
Allow, enable or otherwise support the transmission of mass unsolicited emails (i.e., spamming).
Use the Website or Services for any illegal purpose, including but not limited to conspiring to violate laws.
You agree to select a user password (“User Password”) that is unique and entirely different from your (“User Name”) when registering for the Services. You agree not to use for your User Password personal information such as portions of your address, phone number, username, or your name or nay simple words that might be guessed (we recommend you use a combination of letters and numbers to make it unique). You agree that you will never divulge or share your User Name or User Password with any third person or entity for any reason. You agree not to allow anyone else to access or use your membership account or provide them with your login information to do so. If you do so, we cannot protect your personal information in your membership account against compromise or theft. We advise you to not include any confidential information in your profile at any time.
You are solely responsible for all content that you upload, publish, or display (collectively, “post”) on or through the Website or Services or that you transmit to or share with other members or third parties via the Services (collectively, “User Content”). The Services merely provide a passive conduit for the distribution of your User Content. We reserve the right to remove your User Content if we believe that it may create liability for us. You shall not portray a picture of any person other than yourself in your profile. Should you violate any of this paragraph’s terms or any terms of this Agreement, we reserve the right to investigate, review, User Content, and take appropriate action which we determine necessary in our sole discretion, including without limitation, removing the offending User Content and terminating the membership of such violators.
You understand that by posting your User Content on the Website or through the Services, you are granting, and representing and warranting that you have the right to grant, to Company a worldwide, perpetual, non-exclusive, transferable, royalty-free right and license, sublicensable through multiple tiers of sublicensees, to use, copy, publicly perform, publicly display, translate, excerpt and distribute such User Content in any media now know or later developed for any purpose on or in connection with the Services, to prepare derivative works of such User Content. This license will terminate at the time you remove your User Content from the Website and Services, provided that we may retain archived copies of your User Content in accordance with our normal archiving procedures.
We provide assistance and guidance through our member care representatives. When communicating with our member care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our member care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership account.
In order to protect the integrity of the Services, we reserve the right, at any time in our sole discretion, to block current members, former members, or certain IP addresses from accessing the Website or the Services. We may also “freeze” any member account for which we are investigating for fraud or illegal activities, or activities potentially violating the Terms and Conditions of this Agreement for any period we deem necessary. This will block any outgoing messages generated by the violating member.
From time to time, we may need to create a small number of “Test” site profiles for the sole purpose of testing the functionality or our service and website processing to ensure services quality for our subscribers.
The Website and Services are accessible via the Internet and therefore available throughout the world. We are not responsible for translation of languages, so we require all User Content to be posted in English. User Content in languages other than English may be deleted and repeated occurrence of foreign language posting may result in termination of the membership account.
We take reasonable actions under the circumstances to review and monitor profiles for subscriber compliance with the Agreement. Notwithstanding the foregoing, nothing contained in this section or in the Agreement obligates us in any way to continuously monitor transmissions of subscribing members. Such monitoring is not possible due to the large volume of such transmissions.
You agree that if you submit to us any suggestions, ideas, or other improvements (hereinafter, “submissions”) regarding the operation of the Website and/or the Services, your submissions shall be deemed to be the property of the Company, and we shall be free to use your submissions for any purpose whatsoever, including but not limited to incorporating your submissions in our products or services without charge. You agree that your submissions will not violate or infringe the rights of any party, including privacy, publicity, intellectual property and any other proprietary rights such as copyright, trademark and patent rights. You herby transfer and assign all right, title, interest, including copyrights and other proprietary rights, in and to any submissions to us.
The Website and Services, including but not limited to software, content, text, photographs, graphics, video, audio, and the compilation as a whole (“Site Content”) are proprietary to Company, our licensors or our users and are protected under U.S. copyright and other intellectual property laws. You agree not to modify, copy, rent, lease, loan, sell, reproduce, display, distribute, or create derivative works based on the Services, the Website or the Site Content, in whole or in part, without our prior, written consent, except that the foregoing does not apply to your own User Content.
Provided you are eligible to use the Website and the Services, you are granted a personal, non-transferable, and non-exclusive right and license to access, use and display the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you are properly permitted access solely for your personal, non-commercial use and in accordance with the Agreement. You must abide by all copyright notices or restrictions contained on the Website or the Services. Trademarks, service marks and logos owned by third parties remain the exclusive property of such third parties. You may not delete any attributions, legal or proprietary notices on the Website or in the Site Content or elsewhere. Title, ownership rights and intellectual property rights in and to the Website and the Services, including any software shall remain vested in us, or in our suppliers and licensors as applicable. Except as expressly set forth herein, no other interest in or right to the Website and/or the Service is granted to you, whether by implication or otherwise.
You agree to use the Website and/or the Services at your own risk and that we assume no responsibility or liability for your use of the Website or Services or interaction with other users for any reason. You acknowledge and agree that the Website, Site Content, and Services are provided “As Is” and “As Available”. You assume full responsibility and risk of loss, including without limitation loss of data, information or messages, as we cannot guarantee the absolute security of information transmitted over the Internet. You should use appropriate caution in communicating confidential information through the Website and Services. You assume all risks in using the Website and Services and acknowledge the assumption of all risks therein, including without limitation the risk Internet meeting with strangers or dating individuals you contact through a Service.
We do not warrant that (I) the Website or the Services will meet your requirements or expectations or achieve the intended purposes, (II) the Website or the Services will be uninterrupted, timely, secure, error-free or virus-free, (III) the information obtained through the Website or the Services will be accurate, complete, current, error-free or reliable, or (IV) the quality of any products, services, information or other materials of any third parties offered via the Website or Services.
Other than expressly stated in t his agreement, we disclaim all warranties of any kind, whether express or implied, including without limitation warranties or title or non-infringement, merchantability, security, or accuracy. This agreement does not grant you any guarantee to the Service as represented herein or warrant the performance of those Services in any way. We obviously do not warrant that you will successfully win rewards and/or prizes.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In that event, any implied warranties are limited in duration to 90 days from the initial date of delivery of the Services. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
Regardless of whether any remedy set forth in this agreement fails of its essential purpose, you agree that (I) In no event will we be liable for any lost profits, lost savings or other incidental, indirect, special or consequential damages, arising out of any use or inability to use the Website or Services or from breach of this Agreement, regardless of the form of any action (Whether contract or tort), even if advised of the possibility of such damages beforehand, and (II) in no event will the company aggregate liability to you for any cause arising under this Agreement, (III) you acknowledge that no fees are required and this is a free of charge Services, the company has no liability to you for any cause arising under this Agreement.
You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates, and each of their assignees, agents, suppliers, directors, officers, shareholders, and employees from any and all liabilities, loss, claims, expenses, and damages (including attorney’s fees and costs) arising in any way or relating to (I) Your use or attempted use of the Website or Services (II) Your violation of the Agreement or of any law or rights of any third party, or (III) Your user content or other material you post on the Website or through the Services, including in each case any claim of libel, defamation, violation of rights or privacy or publicity, loss of service and infringement of intellectual property or other proprietary rights.
None of the products or underlying information or technology relating to the Services maybe be exported or re-exported into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. In the event the Federal Acquisition Regulation (“FAR”) or DFARS is applicable to this Agreement, Services is provided only with “Restricted Rights” as defined in Sec. 52.227-19 or Sec. 252.227-7013(c)(1)(11), respectively, as applicable. We are not responsible for paying any sales or use tax imposed at any time whatsoever on the use or licensing of the Services or any other products.
You may contact us by writing or emailing us as follows:
Hip Hop IPO
P.O. BOX 588
Bloomfield, NJ 07003
This Agreement is to be governed exclusively by law, without applying its conflict of law provisions. You expressly consent to the exclusive jurisdiction of New Jersey, for any and all disputes arising out of this agreement or relating in any way to the Website or Services. All disputes, controversies or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arising out of or relating to this Agreement or to the Website or Services. Shall be settled by final and binding arbitration conducted in New Jersey, by a neutral arbitrator, in accordance with this agreement and the then current arbitration rules of the American Arbitration Association and our dispute resolution Policies and Procedures, which are incorporated herein as if in full. The arbitrator shall not have the power to award any damages or remedies in excess of the limits set forth in or excluding under this Agreement.