IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE Hip Hop Weekly SITES OR SERVICES AND SHOULD EXIT IMMEDIATELY.
1. ACCEPTANCE OF TERMS
The Hip Hop Weekly Websites (see “Hip Hop Weekly Sites” listed below) are operated by Hip Hop Weekly. All references to Hip Hop Weekly and it’s sites also refer to Hip Hop Weekly. These terms and conditions (“Terms”) govern the use of the Hip Hop Weekly websites (the “Website”) and all related services provided by Hip Hop Weekly (the Website and related services are collectively referred to as the “Website”) and constitute an agreement between you (“You”) and Hip Hop Weekly (“Hip Hop Weekly”). Your use of the Website, including any new services or functionalities that may be made available by Hip Hop Weekly from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms.
Hip Hop Weekly Sites
Hip Hop Weekly reserves the right, in its sole discretion, to modify these Terms at any time at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Hip Hop Weekly also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified.Your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
3. DEFINITIONS AND SERVICE DESCRIPTION
“Users”: A person that registers on the Website.
“Contributor” or “Writer” or “Blogger”: A person that creates an account (video publisher, blogger, writer, expert, community moderator) on the Website.
“Content”: Any content, including without limitation blog posts, post comments, images, audio, video and text that Users or Contributors post on the Website other than on the Contributor’s Posts, and all photographs that Authors post on the Website (including on the Contributor’s Posts).
Hip Hop Weekly makes available a Posts Tool (and other tools) to create Posts and for the Contributor to engage in Contributor Services. The Website hosts and serves the Posts, including the Posts Content, to users of the Website (“Users”). Hip Hop Weekly will program portions of the Posts created by Authors with information related to other Posts on the Website. Users can publish and submit blog posts to other social networking forums as may be permitted by the features and functions of the Website.
An editorial staff will monitor the Posts. Content that is determined to be low quality will be removed from the Website.
4. PERMITTED USES
You must register with Hip Hop Weekly and create a Blogger account (including selecting a screen name/username and subdomain name for Your Account) in order to create a Post. You may also be selected to be a Contributor or Writer to Hip Hop Weekly, and follow said requirements outlined in tutorials in order to participate. Hip Hop Weekly, in its sole discretion and at any time, may change, remove, reclaim, and/or reassign the screen name/username and/or subdomain name associated with Your Contributor account (this potentially includes but is not limited to a trademark owner complaining about a screen name/username/subdomain name that does not closely resemble Your real name). Only adults (17 years and over) may register for a Contributor account. Your Contributor account gives You access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please alert Hip Hop Weekly immediately, by sending an email alert to firstname.lastname@example.org.
- You must do Your best to create high quality Posts
- You are solely responsible for the Content you post.
- You must follow specific guidelines outlined here and in the tutorials for publishing forum posts, comments, questions and answers, and other content services that are posted on the Website.
- You may only post Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that You must have permission to use third party content from the content owners.
By giving us Your email address, You grant us permission to send communications from Hip Hop Weekly, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in Hip Hop Weekly newsletters you select to that address. You may opt out of certain email communications from Hip Hop Weekly by following the instructions on the email. You may not opt out of Website-related messages. If You do not want to receive such messages from Hip Hop Weekly, you may change your Notification options or cancel Your account.
5. RESTRICTIONS AND PROHIBITIONS ON USE
In Your use of the Website You must abide by the following restrictions and prohibitions on use. As a Website User or Contributor, You may Not:
- Publish Posts or Content that include any content or links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
- Publish Posts or Posts or Content targeted at children under the age of 13.
- Use the Website to violate any Federal, state or local laws. Your Posts must comply with all laws regarding online conduct and acceptable content.
- Hack the Website or modify any Posts that are not Your own.
- Link to any worms or viruses or any code of a destructive nature.
- Link to pages or sites that are unrelated to the topic and content of Your Posts.
- Remove, decompile, disassemble or reverse engineer any Hip Hop Weekly Software (as defined below) or use any network monitoring or discovery software to determine the Website architecture.
- Publish Posts or Content in breach of a confidentiality or fiduciary obligation You may have.
- Attempt to automatically redirect Website users to other domains, mislead users of the origins of the Posts Content contained in Your Posts, or use Your Posts as storage for remote loading or a door or signpost to a website outside of the Website.
- Impersonate another person, Contributor, entity, or any representative or employee of Hip Hop Weekly (note that such may include the screen name/username/subdomain name that You select for Your Contributor account).
- Disrupt the Hip Hop Weekly Website, or any servers by embedding code in the Posts or otherwise attacking the Website.
- Publish Posts or Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
- Spam any User or mass email any User in an automated fashion.
- Collect personal identifiable information about the Users of Your Posts and sell or transfer that information.
- Use any automatic or manual process to harvest email addresses or other information from the Website.
- Harass, threaten or intimidate Authors or others who use the Website.
- Publish Posts or Content written primarily in a language other than English.
- Promote gambling or links to sites that promote/offer gambling for money.
- Display misleading tags, categorizations, and/or titles that don’t match the Posts’ content, including irrelevant or excessive tagging.
- Engage in behavior that is overly promotional, including excessive linking to any one site or domain.
- Spam to promote Posts or Profiles, including comment spam, forum spam, spam blogs, email spam, instant message spam, or similar.
- Use automation tools to create Hip Hop Weekly Accounts, Posts, or Contributor Content, to follow topics or Authors, or to edit Posts. This includes, but is not limited to, article spinner software, blog and comment blasters, and similar software and online tools and services.
Publish Posts or Posts Content that are identical to, substantially similar to, or derived from other Posts and/or content published elsewhere on the Web. This applies even if You are the owner of that content and/or have the rights to publish that content online.
Each of Your screen name/username/subdomain names must comply fully with all Hip Hop Weekly content rules and restrictions.
6. DISCONTINUATION OR MODIFICATION OF THE SERVICE
Hip Hop Weekly reserves the right to modify or discontinue, temporarily or permanently, the Website or any portion thereof at any time, without liability to You or any third party. In addition, Hip Hop Weekly, in its sole discretion, may terminate Your password, account or use of or access to the Website (including Impression services as further described below), and remove and delete any Posts or Content, for any reason.
7. PROPRIETARY RIGHTS; CONTENT OWNERSHIP
The Website and any software used in connection with the Website (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Hip Hop Weekly or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as expressly allowed herein or via distribution tools Hip Hop Weekly makes available to Users, such as RSS feeds and widgets, is strictly prohibited. Hip Hop Weekly may at any point make additional software and tools available to Authors in connection with the Website (“Additional Software”). Authors who incorporate such Additional Software into their Posts may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
Hip Hop Weekly does not claim ownership of Your Posts Content or Contributor Content. Such content will be owned by You or a third party from whom You got permission to post the content. By posting Posts Content on the Website, You grant Hip Hop Weekly a worldwide, royalty-free, and non-exclusive license, for as long as Your Post(s) is displayed on Hip Hop Weekly and for a commercially reasonable time thereafter, to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Posts Content solely for the purpose of displaying, distributing and promoting Your Posts on or in connection with the Website. By posting Contributor Content on the Website, You grant Hip Hop Weekly a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Contributor Content on or in connection with the Website. You may remove Your Posts Content from the Website at your discretion. You may not remove your Contributor Content from the Website. Hip Hop Weekly may preserve and store Posts Content (including, for a commercially reasonable time, Posts Content you have removed from the Website) or Contributor Content, and may disclose such content if required to do so by law or if Hip Hop Weekly believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Posts or Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hip Hop Weekly, its users and the public.
The Contributor, and not Hip Hop Weekly, will be fully responsible for all Posts Content or Contributor Content that is uploaded, posted, transmitted or otherwise made available by the Contributor on the Website (collectively “User Content”). Hip Hop Weekly cannot guarantee the accuracy, integrity or quality of User Content. Hip Hop Weekly does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content for any reason, including User Content that may violate these Terms, or that is otherwise objectionable. Hip Hop Weekly also cannot take responsibility for anything that Your Posts users may do in reliance on the Posts Content You post in Your Posts.
8. TRADEMARKS AND SERVICE MARKS
“Hip Hop Weekly” service marks or trademarks may be protected by applicable laws. Other product and company names mentioned on the Website may be the trademarks of their respective owners.
9. LINKS TO THIRD PARTY WEBSITES
Your Posts and the Website may include links to other sites or resources over which Hip Hop Weekly has no control or responsibility. Hip Hop Weekly does not monitor, investigate or check these sites for accuracy or completeness. As a result, Hip Hop Weekly is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Posts or accessed by You via the Website is done at Your own risk and with Your own liability.
Hip Hop Weekly may provide pre-built modules that make it easy for You to find and add links to various sites. However, just because Hip Hop Weekly provides these modules does not mean Hip Hop Weekly is responsible for their accuracy. The Contributor is still responsible for what links he or she elects to put in his or her Posts or Contributor Content.
Hip Hop Weekly does prohibit the use of links to adult sites, or download sites. Authors should refrain from doing so at any time.
You agree to indemnify, defend and hold Hip Hop Weekly and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Website.
THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Hip Hop Weekly MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hip Hop Weekly WILL 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 (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR POSTS, CONTENT TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. Hip Hop Weekly ALSO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Hip Hop Weekly ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Hip Hop Weekly, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Hip Hop Weekly HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Hip Hop Weekly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” AS WELL AS OTHER LAWS REQUIRING PRESENT INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
The Website is controlled and operated from its facilities in the United States. Hip Hop Weekly makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
15. THIRD-PARTY LINKS
16. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in accordance with the Digital Millennium Copyright Act:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement via the Website can be reached on our Copyright page.
Hip Hop Weekly will terminate a user account if, under appropriate circumstances, the user is determined to be a repeat infringer of copyrights (or other intellectual property) of others.
17. GOVERNING LAW
These Terms will be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
18. ENTIRE AGREEMENT
The failure of Hip Hop Weekly to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hip Hop Weekly without restriction.
Hip Hop Weekly may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Hip Hop Weekly at our sole discretion. Hip Hop Weekly reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Hip Hop Weekly is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
22. DISPUTE RESOLUTION
If a dispute arises during your use of the Website or under these Terms, You agree to abide by the following dispute resolution process, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.
Send an email to Hip Hop Weekly at: firstname.lastname@example.org describing the nature of the issue.
For any claim related to a payment under the Hip Hop Weekly Contributor Program, You must notify Hip Hop Weekly in writing within thirty (30) days of such payment. By failing to notify Hip Hop Weekly within such timeframe, You hereby waive any and all claims relating to any such disputed payment.
For any claim (excluding claims for injunctive or other equitable relief) arising in whole or in part from the Website or these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that all other claims arising in whole or in part from the Website or these Terms shall be decided exclusively by a court of competent jurisdiction located in Georgia.