PLEASE READ CAREFULLY
1. CONSENT AND ELIGIBILITY
Age Requirement; Authority: In order to use any of the products or services on our Site (including without limitation the THIS IS PLATINUM HIP HOP Services) and to enter into this Agreement on your own behalf, you must be at least 18 years of age. By using this service, you affirm that you are either legal age majority or an emancipated minor. If you are under 18 years of age but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the authorization box to enter into this Agreement on your behalf. Children under the age of 13 may not register with this Site, and parents or legal guardians may not register on their behalf. The service is not intended for or directed to persons who are minors. We cannot prohibit minors from accessing, viewing, browsing, visiting the site or using the Service. We must rely on the parents or guardians supervising minors to decide which material is appropriate for minors. By checking the authorization box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 21 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the products and services on the Site, including all financial charges and legal liability that he or she may incur. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access this Site.
THIS IS PLATINUM HIP HOP will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless THIS IS PLATINUM HIP HOP, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
3. PROHIBITED ACTS
You may be held liable for any illegal or prohibited User-Submitted Content that you provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not, display, post, transmit, email or otherwise make accessible on or through the Site, User-Submitted Content that:
• Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;
• Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
• Harasses or advocates harassment of another person;
• Is or could be harmful to minors;
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
• Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
• Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
• Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
• Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by THIS IS PLATINUM HIP HOP or any other party;
• Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
• Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Site:
• Post or transmit any User-Submitted Content that you do not have the right to post or transmit;
• Impersonate any person or entity, including a THIS IS PLATINUM HIP HOP officer or employee, or falsely misrepresent your affiliation with any other person or entity
• Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User-Submitted Content posted or transmitted through or on the Site;
• Engage in commercial activities and/or sales (other than the distribution, licensing, sale or other commercialization of your User-Submitted Content) without THIS IS PLATINUM HIP HOP prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
• Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
• Interfere with or disrupt the Site or any server or network involved with the operation of the Site;
• Stalk or harass any other person; or Collect or “harvest” from the Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Site, please notify us immediately at THIS IS PLATINUM HIP HOP does not support, endorse or tolerate any of the foregoing actions or user behavior.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, ANY MESSAGING FEATURES, CHAT ROOM INTERACTIONS OR POSTINGS OR SUBMISSIONS OF ANY KIND ARE UNDERTAKEN AT YOUR SOLE RISK AND RESPONSIBILITY.
4. EXPLICIT LYRICS; OBJECTIONABLE MATERIAL
You acknowledge and agree that by viewing and using this Site, you may be exposed to content that one might subjectively deem as offensive, indecent, or objectionable, including but not limited to the use of profane or otherwise explicit language. THIS IS PLATINUM HIP HOP will have no liability to you for any content that you or others may find to be offensive, indecent, or objectionable.
5. THIS IS PLATINUM HIP HOP INTELLECTUAL PROPERTY
Intellectual Property Rights: As between you and THIS IS PLATINUM HIP HOP, you acknowledge that THIS IS PLATINUM HIP HOP owns or has a license to all intellectual property rights in and to the Site, the THIS IS PLATINUM HIP HOP Tools and any content provided by THIS IS PLATINUM HIP HOP or its licensors on this Site.
Trademarks (And Third-Party Trademarks): The following are registered trademarks or trademarks of THIS IS PLATINUM HIP HOP: THIS IS PLATINUM HIP HOPand its design logo as well as certain other THIS IS PLATINUM HIP HOP trademarks, service marks, graphics, and logos (collectively, the “THIS IS PLATINUM HIP HOP Trademarks”) used in connection with THIS IS PLATINUM HIP HOP’ provision of products and services. The Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the THIS IS PLATINUM HIP HOP Trademarks or the trademarks of any third party.
6. USER-SUBMITTED CONTENT
License to User-Submitted Content: In connection with your use of the Site and the THIS IS PLATINUM HIP HOP Services, you may upload, submit or otherwise deliver to the Site film and/or musical compositions as well as pictures, graphics, audio, video, textual or other works of authorship using the THIS IS PLATINUM HIP HOP Services (“User-Submitted Content”).
User Submitted Content: All content added, created, uploaded, submitted, streamed, distributed, or posted to the Site or Service by users (Collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
For clarity, you retain all of your ownership rights in your User-Submitted Content. The foregoing license grants to our users and us do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing.
You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
However, by submitting the User-Submitted Content to THIS IS PLATINUM HIP HOP Site or Service, (regardless of the form or medium, with respect to such Content, whether text, video, photographs, images, audio, profiles, data, comments, reviews or otherwise) or using any widgets available through the Site or Service, you hereby do and shall grant us “THIS IS PLATINUM HIP HOP” and our affiliates, agents and third party contractors, a perpetual, worldwide, non-exclusive, royalty-free, full paid, sublicense able and transferable right and license to use any and all copyright, trademark, publicity, and database rights that you have in user content in any all formats, reproduce, distribute, prepare derivative works of, display, and perform, communicate to the public, or publish such User-Submitted Content in connection with the Site and THIS IS PLATINUM HIP HOP services (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats now known or later developed and through any media channels now known or later developed. including, without limitation, third party websites, feeds ( either in the form submitted or in the form of a derivative or adapted work), to store such Content, to distribute such Content, and to use, edit, modify and otherwise exploit such Content, including, without limitation, running paid advertising on or adjacent to any such Content and for promoting and redistributing part or all of the Application, Site or Service ( and derivative works thereof).
You also hereby do and shall grant each user of the Site and or the service a non-exclusive license to access your user content through the application, site and or the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, communicate to the public, display and perform such User Content and view and/or listen to your User-Submitted Content through the Site. The foregoing license granted by you will remain in effect unless and until you remove or delete your User-Submitted Content from the Site. We have adopted the “Creative Commons” licensing structure, which allows you to grant others the right to use, reproduce, distribute, prepare derivative works of, display and perform your User-Submitted Content as you permit. For more information regarding the Creative Commons license click here. You acknowledge and agree that whether or not such User-Submitted Content is published on the Site, THIS IS PLATINUM HIP HOP does not guarantee any confidentiality with respect to any User-Submitted Content. By submitting User-Submitted Content, you represent, warrant and covenant that you own such User-Submitted Content or have all necessary licenses, rights, consents and permissions to submit such User-Submitted Content and to grant to This, users and other third parties the licenses set forth above.
Restrictions Concerning User-Submitted Content: For all User-Submitted Content, you agree that you will not: (i) submit material that is protected by copyright, trademark, trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material contained in the User-Submitted Content and to grant THIS IS PLATINUM HIP HOP all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iii) post advertisements or solicitations of business; (iv) impersonate another person; or (v) otherwise violate any of the prohibitions in Section 3 above. Wmay, in its sole discretion, remove any offending User-Submitted Content and/or terminate a user’s access for uploading such material in violation of restrictions set forth herein at any time, without prior notice.
7. COPYRIGHT INFRINGEMENT NOTIFICATION AND REMOVAL
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act | DMCA .
Suspension and Termination: THIS IS PLATINUM HIP HOP respects the intellectual property rights of others. Upon proper notification as explained below, THIS IS PLATINUM HIP HOP will remove any User-Submitted Content that is alleged to violate the copyright of any third party. THIS IS PLATINUM HIP HOP may, in its sole discretion, suspend access to the Site (or any portion thereof) to any user who uses the Site, the Licensed Tools or the THIS IS PLATINUM HIP HOP Player to violate the intellectual property rights of another.THIS IS PLATINUM HIP HOP may, in its sole discretion, terminate the access of any repeat infringer.
Notification Procedures: If you believe your content has been copied in a way that constitutes copyright infringement, please follow the procedural requirements of the copyright laws of the United States as set forth under Title 17 of the U.S. Code, Section 512 and send THIS IS PLATINUM HIP HOP ’ designated copyright agent all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit THIS IS PLATINUM HIP HOP to locate such material on the Site; (iii) information reasonably sufficient to permit THIS IS PLATINUM HIP HOP to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature ((i) – (vi) collectively, an “Infringement Notice Claim”). An Infringement Notice Claim should be sent to THIS IS PLATINUM HIP HOP designated copyright agent at the following address:
9. Third Party Services
THE THIS IS PLATINUM HIP HOP TOOLS AND SITE (INCLUDING ALL OF THE CONTENT, THIS IS PLATINUM HIP HOP CONTENT, PRODUCTS,AND SERVICES AVAILABLE ON THE SITE) IS PROVIDED TO YOU “AS IS.” ANY USE OF THIS SITE, THIS IS PLATINUM HIP HOP TOOLS OR THE THIS IS PLATINUM HIP HOP PLAYER IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS IS PLATINUM HIP HOP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS IS PLATINUM HIP HOP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THIS IS PLATINUM HIP HOP DISCLAIMS ANY LIABILITY RELATING THERETO.
THIS IS PLATINUM HIP HOP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT USE OR RESULTS OF THE USE OF THE SITE (INCLUDING ALL OF ITS CONTENT, PRODUCTS OR SERVICES), THE THIS IS PLATINUM HIP HOP TOOLS OR THE THIS IS PLATINUM HIP HOP PLAYER ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, THIS IS PLATINUM HIP HOP MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE THIS IS PLATINUM HIP HOP PLAYER, THE THIS IS PLATINUM HIP HOP TOOLS AND/OR THE SITE OR YOUR USE OF THIS SITE. IF THIS IS PLATINUM HIP HOP ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE THIS IS PLATINUM HIP HOP , THE THIS IS PLATINUM HIP HOP TOOLS AND/OR THE SITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION (INCLUDING BUT NOT LIMITED TO USER-SUBMITTED CONTENT) TO US IS AT YOUR OWN RISK. THIS IS PLATINUM HIP HOP DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN Anyway.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE THIS IS PLATINUM HIP HOP SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT THIS IS PLATINUM HIP HOP ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL THIS IS PLATINUM HIP HOP BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF THIS IS PLATINUM HIP HOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS IS PLATINUM HIP HOP OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
YOU WILL INDEMNIFY AND HOLD THIS IS PLATINUM HIP HOP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE SITE, THE LICENSED TOOLS AND/OR THE THIS IS PLATINUM HIP HOP PLAYER.
THIS IS PLATINUM HIP-HOP is for general entertainment and non-commercial use only.
THIS IS PLATINUM HIP HOP or its business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that THIS IS PLATINUM HIP HOP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
The laws of Illinois and Georgia will govern this Agreement. The exclusive jurisdiction for any claim, action or dispute with THIS IS PLATINUM HIP HOP or relating in any way to your use of the Site will be in the state and federal courts of Iliinois and Georgia and the venue for the adjudication or disposition of any such claim, action or dispute will be in Chicago or Atlanta.
THIS IS PLATINUM HIP HOP may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your Account Information, by sending a letter via [U.S.] mail to the contact address listed in your Account Information, or by a posting a note on the Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
YOUR USE OF THE SITE INCLUDES THE ABILITY TO ENTER INTO AGREEMENTS AND/OR TO MAKE PURCHASES ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS TO US CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING WITHOUT LIMITATION, SUBMISSIONS, PURCHASES, CONTRACTS, POLICIES AND NOTICES OF CANCELLATION.