Terms of service

OVERVIEW
This website is operated by HipHopNowTV . Throughout the site, the terms “we”, “us” and “our” refer to HipHopNowTV . HipHopNowTV offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HipHopNowTV , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless HipHopNowTV and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – AUDIENCE AND ACCOUNTS

You must be at least 18 to register for the Services. You must be at least 13 years of age in the US, or 16 years of age in countries subject to the EU General Data Protection Regulation (the “GDPR”), unless exempted by individual country exceptions, to use the Services provided that if you are between 13 (or 16 in countries subject to the GDPR) and 18 years of age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and our Privacy Policy. If you are under 18 please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under the required minimum age, we will delete that information as quickly as possible. If you believe that a child under the required minimum age may have provided us personal information, please contact us using our contact form.

By using the Services, you agree to: (a) maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others; (b) restrict access to your account and your computer or mobile device; (c) promptly notify MediaLab if you discover or otherwise suspect any security breaches related to the Services; and (d) take responsibility for all activities that occur under your account and accept all risks of unauthorized access; and (e) comply with these Terms and the Community & Content Policy.

You understand that you are responsible for all data charges you incur by using the Services.

SECTION 20 – YOUR USE OF THE SERVICES

You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right, or constitute a tort. You are solely responsible for your conduct while on the Services and you use the Services at your own risk.

The Services offer users the ability to communicate and interact with one another. We encourage Users to treat each other with respect, and to understand that Users are solely responsible for their interactions with others. MediaLab has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.

When using the Services, You further agree not to:

  • Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
  • Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
  • Attempt to indicate that you have a relationship with MediaLab or that MediaLab has endorsed you or any products or services;
  • Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages, or use any domain name or URL in any account username or nickname;
  • Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
  • Use or attempt to use another’s account without authorization from such user and MediaLab;
  • Develop any third-party application that interacts with the Services without MediaLab’s prior written consent;
  • Use any automated means or interface not provided by MediaLab to access or manipulate the Services or content (for example: using bots, crawlers, scripts, Maillist, Listserv, auto-responders or “spam”, or any processes that run or are activated while you are not logged into the Services);
  • Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates the Community & Content Policy.

SECTION 21 – USER CONTENT

WHAT’S PERMITTED?

The Services allow you and other users to create, post, send and store content or submissions, including messages, text, photos, videos, and other materials (we call these “User Content”). You are permitted to post User Content that: (a) is non-confidential; (b) you own or have all necessary legal rights to post to the Services; (c) you have the written consent, release, and/or permission from each identifiable person to use their name or likeness; (d) is accurate and not misleading or harmful in any manner; and (e) complies with these Terms, the Community & Content Policy, and any applicable laws, rules or regulations. You understand that User Content may be displayed publicly.

With some of our Services, we may enable linking or sharing to certain available content. When such linking or sharing is permitted, you may only do so for personal, non-commercial purposes, and this permission is non-transferable and may be revoked at any time. Any such links shall: (i) contain only text, and not any MediaLab or Services trademarks, (ii) not suggest affiliation with MediaLab or cause confusion; and (iii) not portray MediaLab or the Services in a false, misleading, derogatory, or otherwise offensive manner, and not contain content that violates these Terms or the rights of any third party.

You affirm, represent, and/or warrant that: (i) you own or have the necessary legal licenses, rights, consents, and permissions to use, post, publish the User Content and to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use their respective name or likeness to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms.

MediaLab does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content. Specifically for the Service “Manga,” MediaLab reserves the right to change the source of manga without prior notice. MediaLab does not claim to own or create any of the manga, or their underlying content, and MediaLab’s re-designation of the source of manga does not create any right of ownership to, or any liability for, the manga.

WHAT’S NOT PERMITTED?

User Content shall not violate these Terms or the Community & Content Policy for any Service, which we may update from time to time. You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates these Terms and/or the Community & Content Policy. Among other things, MediaLab forbids User Content that infringes other’s intellectual property rights, including without limitation, copyright, trademark, patent, trade secret, privacy or publicity rights. Some other examples of User Content that is not permitted include, without limitation:

  • Material that you do not own or have the legal rights to post in accordance with these Terms. For example, material that is the copyright, trademark, patent, or trade secret of another, or is otherwise subject to third party proprietary rights, including privacy and publicity rights;
  • Falsehoods or misrepresentations that could damage any third party or MediaLab;
  • 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, violate any law, or is otherwise inappropriate as determined in our sole discretion;
  • Advertisements or solicitations of business; and
  • Fraudulent content or impersonating another person.

For additional information on prohibited User Content, please review the Community & Content Policy.

SECTION 22 – COPYRIGHT COMPLAINTS

MediaLab respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may complete the DMCA form provided on our Services, or notify MediaLab’s Designated Agent. DMCA #: DMCA-1027409. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by MediaLab or the alleged infringer as the result of MediaLab’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

SECTION 23 – HOW WE RESPOND TO VIOLATIONS

REMOVAL OF USER CONTENT; SUSPENDING OR TERMINATING ACCOUNT

To prevent abuses or violations of the Services or these Terms, MediaLab has the right to monitor your use of the Services. We will investigate activity related to your use of the Services using any means legally available and, where appropriate, may provide information about your use of the Services to law enforcement authorities and other third parties. As permitted and explained in our Privacy Policy, we may use and disclose data derived from your use of the Services to provide or improve the Services as well as to enforce these Terms.

As explained in the Section called “Termination,” MediaLab has the absolute right to stop providing part or all of the Services, or to suspend or terminate a User’s account at any time. MediaLab also has the right to delete or remove any User Content that we, in our sole discretion, view as violating these Terms, our Community & Content Policy, or for any other reason. Removal of User Content and/or terminating access to Services can be done without prior notice to the User.

Without limiting MediaLab’s absolute rights of termination or removal (see Section 17 below), there are certain actions that will result in immediate removal of User Content and/or account termination. User Content that poses a legal risk, is a threat to community members, or violates these Terms will be immediately removed. In addition, if we receive notice that User Content is alleged to infringe a third party’s intellectual property or proprietary rights, it will be immediately removed and you will be notified.

If you are determined to be a repeat offender, MediaLab will terminate your access to the Services. A repeat offender is a User who has been notified at least twice that they engaged in prohibited activity and/or has had User Content removed from any of the Services at least twice.

If your account has been suspended or terminated, and you wish to dispute it, please contact us using our contact form.

SECTION 24 – COPYRIGHT, TRADEMARK AND LIMITED LICENSES

ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE PROPERTY OF MEDIALAB OR ITS SERVICES THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

A. OUR INTELLECTUAL PROPERTY

The names, logos, and any slogans of the Services, are trademarks of MediaLab, its affiliates, suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Service names, logos and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the “Service Materials”) as well as their selection and arrangement are the proprietary property of MediaLab or its licensors and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, MediaLab does not grant any express or implied right to use Service Materials.

The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as permitted by us in writing, you agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services in whole or in part. MediaLab’s ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.

B. OUR LIMITED LICENSE TO YOU

You are granted a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Materials as described in these Terms for your personal, non-commercial use. This license is revocable at any time. This limited license does not change our rights of ownership to the Services and Service Materials. MediaLab continues to own all right, title, and interest in and to the Services and Service Materials, even if you incorporate Service Materials into your User Content. But we do not own your purely original content. MediaLab reserves the right to change, improve, or discontinue the Services, Service Materials, or any aspect thereof at any time without advance notice.

C. YOUR LICENSE TO US

To provide the Services, it is necessary for us to have certain permissions to work with User Content. You grant MediaLab a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to use, reproduce, modify, host, publish, translate, create derivative works from, distribute, run, publicly perform or display your User Content in any media (now known or later developed), including in connection with MediaLab’s marketing and promotional activities. This permission does not affect your ownership rights, if any, to your User Content. You further grant MediaLab the right to publicly display your username in connection with User Content.

This license also includes the right for MediaLab to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services.

To terminate this license, you will need to delete your User Content or your account. Please note that if your User Content was shared with or by others, it will continue to appear on the Services.

SECTION 25 – THIRD-PARTY CONTENT

The Services may integrate with or otherwise interact with third party services or devices to bring you the Services. The Services may also include links and other content owned or operated by third parties, including advertisements and social “widgets.” We may also allow access to third-party merchant sites from which you may purchase goods or services. We call all of these third-party services, merchants, and content “Third-Party Applications and Content.”

Third Party Applications and Content have their own terms and privacy policies that govern your usage or interactions with them and their services or content. Your interactions with Third-Party Applications and Content are solely between you and the third party. Accordingly, you must read the terms and conditions and privacy policies of any Third-Party Applications and Content provider that you visit, interact with, or from whom content is posted on our Services.

You acknowledge that MediaLab does not control, endorse, or have the ability to censor Third Party Applications and Content. You agree that MediaLab assumes no responsibility or liability for the services, content, privacy policies, or practices of any Third Party Applications and Content and you access, use, or transact with Third Party Applications and Content at your own risk. We are not a party to any transactions entered into between you and any Third Party Applications and Content providers. MediaLab does not warrant that any Third Party Applications and Content are compatible with the Services and expressly disclaims any liability for any damages arising from your interaction with Third Party Applications and Content.

SECTION 26 – EXPORT CONTROL

The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you: (1) are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) are not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MediaLab or the Services to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

SECTION 27 – FEEDBACK AND OTHER SUBMISSIONS

Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these “Submissions”). Submissions are considered User Content and treated accordingly under these Terms, except with regards to ownership rights. You acknowledge and agree that Submissions are non-confidential and will become the sole property of MediaLab and that MediaLab will own all right, title, and interest in and to any Submissions. You agree to execute any documentation required by MediaLab to confirm such assignment to MediaLab.

SECTION 29 – FEES; PAYMENTS

For any of the Services that charge a fee or require a subscription, you can make payment or purchase the subscription as described in the applicable Service. MediaLab reserves the right to charge for certain or all Services it offers in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using those Services, you will be required to pay all applicable fees at that time. You represent and warrant that if you are making any payments for or purchases through the Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or bank, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

SECTION 30 – INDEMNIFICATION

You agree to defend, indemnify and hold harmless MediaLab, its parents, subsidiaries or affiliates, service providers, independent contractors, and consultants, and their respective directors, officers, employees, and agents (collectively, “MediaLab Parties”), from and against any third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way connected to, directly or indirectly: (a) your use of the Services; (b) your User Content or Submissions; (c) these Terms and/or the Community & Content Policy; (d) your violation of any third party’s rights; and/or (e) your conduct in connection with the Services.

MediaLab, and/or the applicable MediaLab Parties, reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. If this right is exercised, you will cooperate with MediaLab in the defense of any claim as we require. In no event shall you settle any claim without our prior written consent.

SECTION 31 – DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MEDIALAB. MEDIALAB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. MEDIALAB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR WILL CONTINUE TO BE OFFERED. MEDIALAB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MEDIALAB ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MEDIALAB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

SECTION 32 – LIMITATION OF LIABILITY

You understand that when using the Services, you will be exposed to other users and to User Content from a variety of sources, and that users or User Content may be inaccurate, offensive, indecent, or objectionable. You may also access third party content or services. MediaLab does not control you or other users’ conduct or the User Content, nor any third party content or services, and therefore we are not responsible for them. MediaLab also does not endorse any user or User Content or any opinion, recommendation, or advice expressed therein. You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users or with any third party content or services. You agree to take any and all necessary precautions when interacting with other users and with third party content and services.

To the fullest extent permitted by applicable law, you agree that MediaLab and the MediaLab Parties shall not be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to these Terms, the Services or Service Materials, even if we know they are possible (collectively, “Losses”). This includes, without limitation, Losses from your use of or inability to use the Services or the Service Materials, from reliance on any information obtained through the Services or that result from the online or offline conduct of you or anyone else in connection with the Services (including without limitation bodily injury, death or property damage), from deletion of files, accounts, or User Content, and/or from mistakes, omissions, interruptions, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to MediaLab’s or the MediaLab Parties’ records, programs or Services.

To the fullest extent permitted by applicable law, in no event shall the aggregate liability of MediaLab or the MediaLab parties for any Losses, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these Terms exceed the greater of: (i) any compensation you paid, if any, to MediaLab for access to or use of the Services for the twelve (12) months immediately preceding the Loss; or (ii) the amount of $100.00.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. If you do not agree to this limitation of liability, your remedy is to terminate your account and discontinue using the Services.

SECTION 33- MODIFICATIONS TO THE SERVICES

MediaLab reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services or Service Materials, without prior notice. You agree that MediaLab will not be liable for any modification, suspension or discontinuance of the Services or Service Materials, or any part thereof.

SECTION 34 – DISPUTES—ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MEDIALAB.

Any dispute, claim, or cause of action arising out of or relating in any way to these Terms, the Services, or Service Materials (we call these “Disputes”), shall be resolved by confidential binding arbitration on an individual basis, rather than in court, except as otherwise stated herein. You and MediaLab each waive your respective rights to a jury trial for Disputes. This arbitration provision is governed by the Federal Arbitration Act.

As an exception to the arbitration requirement, the following disputes may be brought in court: (i) any dispute that seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as copyrights, trademarks, trade names, logos, trade secrets, or patents) may be brought in court; (ii) any claim of interference or attempted interference with our Services; and (iii) disputes regarding the scope and enforceability of this arbitration provision. In addition, either party may assert the Dispute in small claims court if the Dispute qualifies.

You and MediaLab agree that Disputes are personal and therefore, class actions and class arbitrations are not permitted. Neither you nor MediaLab will commence against the other a class action, class arbitration or other representative action or proceeding that would affect other users of the Services. The arbitrator does not have the authority to conduct a class arbitration or a representative action, and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Any arbitration under this provision shall be held in Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the applicable rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Arbitrations shall be conducted in English. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

As limited by the Federal Arbitration Act, these Terms, and the applicable JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any individual Dispute and to grant any remedy that would otherwise be available in court (excluding class arbitrations or representative actions as noted above). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You and MediaLab agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises before filing for arbitration. Notice to MediaLab must be sent via our contact form. If the Dispute is not resolved informally between the parties within thirty (30) days of the date of notice, then either party may initiate arbitration in accordance with these Terms.

Any Dispute must be filed within eighteen months after it arose; otherwise, your claim is permanently barred.

Opt-Out of Arbitration: You have the right within thirty (30) days of first accepting these Terms to decline this agreement to arbitrate. To do so, you must send written notice with your name, address, username, email address or phone number that you use for your Service account, identify the Service(s) you use, and clearly state that you want to opt out of the Terms of Service arbitration agreement. Send this notice to: 1222 6th St., Santa Monica, CA 90401.

If you choose to file an arbitration proceeding after providing MediaLab the required notice, MediaLab will pay the filing fees, administration and hearing costs, and arbitrator fees if the arbitration seeks less than US $10,000 and the Dispute is not determined to be frivolous or improper by the arbitrator. We will also pay the fees and costs for any arbitration that we initiate. For all other Disputes, the fees and costs shall be paid according to the JAMS rules, including rules regarding frivolous or improper claims. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

SECTION 35 – APPLICABLE LAW AND VENUE

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration requirement does not apply (if ever), you agree that any action at law or in equity for any Dispute shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding for any Dispute.

SECTION 36 – TERMINATION

Section 5 of these Terms have described specific instances in which MediaLab will automatically terminate a User’s account for specified violations, such as for repeat infringement. In addition, MediaLab reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and/or Service Materials at any time and to block or prevent your future access to, and use of, the Services and/or Service Materials, for any or no reason. MediaLab also has the right to remove prohibited User Content at any time, without prior notice and at its sole discretion.

SECTION 37 – SEVERABILITY

If any provision, or part thereof, in these Terms shall be deemed unlawful, void or for any reason unenforceable, then the unenforceable provision or part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms.

SECTION 38 – CHANGES TO TERMS

If we makes changes to these Terms, we will provide notice by posting a notice on the Services and will give you an opportunity to review the changes before they go into effect. We will also update the “Last Updated” date on the first page once the Terms take effect. Your continued use of the Services after notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you may delete your account(s).

SECTION 39 – FORCE MAJEURE

Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation, acts of God, terrorism, war, riots, fire, natural disasters, outbreaks or pandemics, or degradation or failure of third party networks or communications infrastructure.

SECTION 40 – ENTIRE AGREEMENT

This is the entire agreement between you and MediaLab regarding this subject matter and it supersedes any other written or oral information or agreements. You cannot assign your account without our written consent. We may assign or delegate our rights and obligations in whole or in part without your consent. No failure or delay by MediaLab in exercising any of its rights under these Terms shall be deemed a waiver of those or any other rights. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MediaLab or any of the Services, and you do not have any authority of any kind to bind MediaLab in any respect whatsoever, and there are no third party beneficiaries intended under these Terms. The following sections will survive termination of these Terms or your account: 6a, 7, 9, 11, 12, 13, 15, 16, and 20.

SECTION 41 – QUESTIONS & CONTACT INFORMATION

Questions, comments, or notices under the Terms of Service may be directed to MediaLab using our contact form.

HIPNOPNOWTV – Special Terms of Service

In addition to the general Terms of Service applicable to the [hiphopnowtv.com] Services, the following Special Terms of Service also apply to your use of the Services. The general Terms of Service together with these Special Terms of Service may be collectively called “Terms.” By using any of the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, do not access or use the Services. Any capitalized terms not defined separately in this Special Terms of Service policy shall have the meaning given to them in the general Terms of Service.

AUDIENCE

hiphopnowtv is intended for users who are over the age of 13. However, some of the materials on this site are only intended for those over the age of 18.

IF YOU ARE NOT OVER THE AGE OF 18, YOU MUST CLICK EXIT WHEN YOU ARE PRESENTED WITH THE NOTICE THAT SUCH MATERIALS ARE FOR ADULTS ONLY.

You represent and warrant that the content you have provided is legal in the United States and suitable for the general audience of the site, unless you have otherwise indicated that the material should be restricted to adults during the submission process.

SECTION 42 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at purpleurbantv@gmail.com.

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS TO RESOLVE DISPUTES UNLESS YOU OPT OUT. PLEASE READ IT CAREFULLY.

These Terms of Service inform you of the general terms that you agree to when using our Services. Some of our Services may have additional terms that apply specifically when using the particular Service. These Terms of Service together with any additional specific Service terms are collectively called the “Terms.” By using any of the Services, you agree to be bound by the Terms. If you do not agree to these Terms, including the mandatory arbitration provision (see “DISPUTES-ARBITRATION” below), or our Privacy Policy, do not access or use the Services.

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