RAPPER RADIO Terms and Conditions:
Modified: January 30, 2017
1. Use of the Website:
2. Limited License:
Subject to the Terms stated herein, RAPPER RADIO grants you a limited, non-exclusive, revocable license to make use of the Services, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (i.e. music, lyrics, sound recordings, images, photos and biographical information) (the “License”). This License shall remain in effect until and unless terminated by you or RAPPER RADIO. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Services or the Content.
The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, modify, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website, Content, and Service, without the express written permission of RAPPER RADIO. Moreover, you are not authorized to compile or republish the Content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website. In addition, you shall not use robots, spiders, manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights:
The Website contains intellectual property rights owned by RAPPER RADIO and third parties and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of RAPPER RADIO and these third parties. Specifically, RAPPER RADIO owns the unregistered trademarks and/or service marks for RAPPER RADIO. You agree to not use these trademarks without written permission from RAPPER RADIO. In addition, Chance the Rapper, LLC owns the trademark CHANCE THE RAPPER, and other trademarks. You agree to not use the CHANCE THE RAPPER trademark without written permission from Chance the Rapper, LLC. Individual sound recordings and clips are owned by RAPPER RADIO, Chance the Rapper, LLC and/or third parties.
The Website and Service also are protected by U.S. and international copyright laws and treaties. Any content submitted by Users on the Website is not owned by RAPPER RADIO and is licensed herein by a third party. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Age Requirements/Eligibility:
You affirm that you are over the age of thirteen (13) as this Website is not intended for individuals under the age of 13. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 13 years of age, then please do not use or access this Website.
5. Rules of Conduct for Users:
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES OF CONDUCT FOR USERS:
- A. You shall use the Service at your own risk.
- B. While not condoned or allowed under these Terms, the Website may contain offensive or inappropriate material, and you are solely responsible for such exposure.
- C. The Website may not be used for any illegal or unauthorized purpose, and you agree to
- comply with all applicable laws regarding online conduct and acceptable content.
- D. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
- E. You alone are responsible for the conduct and materials or content submitted, displayed or posted on the Service.
- F. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
- G. The collection and harvesting of private or personally identifiable information is strictly prohibited.
- H. A. RAPPER RADIO respects the beliefs, customs, and practices of all groups. Harassment in any manner or form on the site, including via e-mail, chat, social media, or by use of obscene or abusive language is strictly forbidden.
- I. A. Impersonation of others, including a RAPPER RADIO employee, host or representative, as well as other members or visitors on this Website is prohibited. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
6. Use of Website and Services at own Risk:
YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS ON THE WEBSITE AND SERVICE, AND FOR ANY CONTENT THAT IS SUBMITTED, ACCESSED, DOWNLOADED, LINKED TO, OR RETRIEVED FROM OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU BEAR ALL RISK RELATED TO YOUR USE OF THE WEBSITE OR SERVICE.
7. No Warranty:
TO THE EXTENT LOCAL LAW DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY.
USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. THE INFORMATION CONTAINED ON THE WEBSITE AND THROUGH THE SERVICE IS FOR INFORMATION AND ENTERTAINMENT PURPOSES ONLY. THE WEBSITE AND SERVICE ARE PROVIDED “AS-IS.” RAPPER RADIO, AND ITS EMPLOYEES, AFFILIATES, AND AGENTS (“RAPPER RADIO PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND OWNERSHIP. RAPPER RADIO PARTIES DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR SERVICE, OR THAT THE WEBSITE AND SERVICE ARE FREE FROM ANY VIRUSES, ERRORS, BUGS OR OTHER HARMFUL COMPONENTS.
8. Notification of Copyright Infringement:
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Haight Brand LLC (“Haight Brand”) is registered with the U.S. Copyright Office as a Service Provider. Haight Brand operates the RAPPER RADIO website and acts as its recipient. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Haight Brand’s Agent with the following information in writing:
- a. Physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that it is to be removed or access to which is to be disabled and
- d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Copyright Agent. The Copyright Agent is Moira Corcoran, Chance The Rapper, LLC, 1958 N. Milwaukee Ave. Flr. 1, Chicago, Illinois 60647, e-mail: email@example.com. The failure to comply with all of the requirements set forth above under the Digital Millennium Copyright Act may result in an invalid DMCA notice.
Users who are repeat offenders or infringers may be terminated at the sole discretion of RAPPER RADIO. In addition, RAPPER RADIO reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate any Users who infringe upon the intellectual property or other proprietary rights of third parties.
9. Linking to Third Party Websites:
The Website may contain links to third party websites that are not owned, controlled, endorsed or sponsored by RAPPER RADIO. These links are merely provided as a convenience. RAPPER RADIO makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
10. General Contractual Clauses:
b. LIMITATION OF LIABILITY:
TO THE EXTENT YOUR LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY, THEN THIS PROVISION MAY NOT APPLY IN ITS ENTIRETY.
TO THE FULLEST EXTENT PROVIDED UNDER THE LAW, RAPPER RADIO, INCLUDING ITS EMPLOYEES, AFFILIATES, AND AGENTS (COLLECTIVELY, “RAPPER RADIO PARTIES”) HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE, OR YOUR DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR SOFTWARE FROM THIS WEBSITE. TO THE FULLEST EXTENT PROVIDED UNDER THE LAW, RAPPER RADIO PARTIES HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING OUT OF OR WITH YOUR USE OF THE WEBSITE, ANY CONTENT SUBMITTED BY YOU OR ANY CONTENT SUBMITTED BY OTHER USERS, REGISTERED OR NOT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RAPPER RADIO PARTIES’ LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND ARE NOT ENTITLED TO DAMAGES OF ANY KIND, UNLESS OTHERWISE PERMITTED BY LAW.
You agree to indemnify, defend, and hold RAPPER RADIO, and its employees, affiliates, and agents, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website, including but not limited to any content submitted by you, your breach or violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the Website.
Users may not assign, convey, or otherwise transfer their rights under these Terms; however, RAPPER RADIO may assign, convey or transfer without any restriction or notice.
Your access and use of the Website are at the sole discretion of RAPPER RADIO. RAPPER RADIO may remove any content and/or terminate your access without notice for any reason, and RAPPER RADIO is not liable for any such termination.
f. MISCELLANEOUS PROVISIONS
i. Governing Law/Venue:
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. The state and federal courts in Illinois, specifically, the United States District Court for the Northern District of Illinois, shall be the exclusive forum and venue for any disputes that arise under or related to these Terms. You hereby consent to personal jurisdiction in Illinois.
RAPPER RADIO is free to alter, amend or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website is governed by Terms in place at that time.
iii. Entire Agreement:
These Terms reflect the entire agreement between you and RAPPER RADIO. You may be subject to additional terms and conditions when you submit, download, access, or use third party content.
The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
The following sections shall specifically survive these Terms and your use of the Website or Service, Sections 3, 5, 6, 7, 8, 9, 10(b), 10(c) & 10(f). In addition, the restrictions on your use also shall survive termination.
For more information about RAPPER RADIO or these Terms, please contact the Radio Team at firstname.lastname@example.org.
© 2017 RAPPER RADIO