1. Definitions
HolyHipHop.com ("HHH") is the interactive on-line service operated
by Holy Hip Hop, Inc. ("HHH")on the World Wide Web of the
Internet, consisting of information services and content provided
by Holy Hip Hop, Inc. affiliates and other third parties.
"Subscriber" means each person who establishes or accesses a
connection ("Account") for access to and use of HolyHipHop.Com
2. General
By using HolyHipHop.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use HolyHipHop.com is personal to
Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account
(under any screen name or password) and for ensuring that all use
of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentially of Subscriber's password(s), if any.
HolyHipHop.com shall have the right at any time to change or
discontinue any aspect or feature of HolyHipHop.com, including,
but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms
HolyHipHop.com shall have the right at any time to change or
modify the terms and conditions applicable to Subscriber's use of
or any part thereof, or to impose new conditions, including but
not limited to, adding fees and such changes, modifications,
addictions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited
to, posting on HolyHipHop.Com or by electronic or conventional
mail, or by any other means by which Subscriber obtains notice
thereof. Any use of HolyHipHop.com deemed to constitute
acceptance by Subscriber after such notice shall be deemed
acceptance by Subscriber of such changes, modifications or
additions.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of HolyHipHop.com and all charges related thereto.
5. Subscriber Conduct
A. Subscriber shall use HolyHipHop.com for lawful purposes only.
Subscriber shall not post or transmit through HolyHipHop.com any
material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law. This community is
for the Global advancement of the Gospel through Holy Hip Hop
Ministry. Any conduct by a Subscriber that in HolyHipHop.com's discretion restricts or inhibits any other
Subscriber from using or enjoying HHH will not be permitted, and
subject to international, national or state criminal or civil
laws.
B. HolyHipHop.com contains copyrighted material, trademarks, and
other proprietary information, including but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of HolyHipHop.com are copyrighted as a collective work
under the United States copyright laws, HHH owns a copyright in
the selection , coordination, arrangement and enhancement of such
content, as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit any of the
content, in whole or in part. Subscriber may download copyrighted
material for Subscribers personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express permission of HHH and the copyright owner. In the event
of any permitted copying, redistribution or publication of
copyrighted material no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made.
Subscriber acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
C. Subscriber shall not upload, post or otherwise make available
on HHH any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of
the copyright trademark, or other proprietary right and the burden
of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By
submitting material to any public area of HHH, Subscriber
automatically grants or warrants that the owner of such material
has expressly granted HHH the royalty free perpetual irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, and distribute such material (in whole or in
part )worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material.
Subscriber also permits any other Subscriber to access, view,
store or reproduce the material for that Subscriber's personal
use. Subscriber hereby grants HHH the right to edit, copy,
publish, and distribute any material made available on HHH by
Subscriber
D. The foregoing provisions of
Section 5 are for the benefit of HHH, its subsidiaries, affiliates
and its third party content providers and licensers and each shall
have the right to assert and enforce such provisions directly or
on its own behalf.
6. Disclaimer of Warranty;
Limitation of Liability
A. SUBSCRIBER EXPRESSLY AGREES THAT USE OF HHH IS AT SUBSCRIBER'S
SOLE RISK. NEITHER HHH, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSERS WARRANT THAT HHH WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF HHH OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH HOLY HIP HOP.COM.
B. HOLYHIPHOP.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS OT, ALTERATION OF, OR USE OF
RECORD WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION SUBSCRIBER
SPECIFICALLY ACKNOWLEDGES THAT HHH IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
D. IN NO EVENT WILL HHH OR ANY PERSON OR ENTITY INVOLVED IN
CREATING PRODUCING OR DISTRIBUTING HHH BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT INCIDENTAL,
SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUR OF THE USE
OR INABILITY TO USE HHH. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON HHH.
E. IN ADDITION TO THE TERMS SET FOR ABOVE NEITHER, NOT IT'S
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN HHH OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR
FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY,
NON OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY
CLAIMS OR LOSSES OF ANY NATURE INCLUDING BUT NOT LIMITED TO LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER HHH NOR ITS
AFFILIATES INFORMATION PROVIDERS, OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring
HHH shall have the right, but not the obligation to monitor the
content of HHH, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established
by HHH and to satisfy any law, regulation or authorized government
request. HHH shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on
HHH. Without limiting the foregoing, HHH shall have the right to
remove any material that HHH finds to be in violation of the
provision hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless its
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses including
attorney's fees arising out of the use of HHH by Subscriber or
Subscriber's Account
9. Termination
Either HHH or Subscriber may terminate this agreement at any
time. Without limiting the foregoing, HHH shall have the right to
immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which HHH in its sole discretion considers
to be unacceptable or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(c), 5(D), 6,
8, 10 and this Section 9 shall survive termination this
Agreement.
10. Trademarks
HHH Logo Angel, and Spiritual Vibe and each of their logos are trademarks of
Holy Hip Hop, Inc. All rights reserved. All other trademarks
appearing on HHH are the property of their respective owners.
11. Third Party Content
HHH is a distributor (and not a publisher) of content supplied by
third parties and Subscribers. Accordingly, HHH has no more
editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice statements,
services, offers, or other information or content expressed or
made available by third parties, including information providers.
Subscriber or any other user of HHH are those of the respective
author(s) or distributor(s) and not of HHH. Neither HHH nor any
third party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantabiity
or fitness for any particular purpose. (Refer to Section 6 above
for the complete provisions governing limitation of liabilities
and disclaimers of warranty)
In many instances, the content
available through HHH represents the opinions and judgments of the
respective information provider, Subscriber, or other user not
under contract with HHH is responsible for the accuracy or
reliability of any opinion advice or statement made on HHH by
anyone other than authorized HHH employee spokespersons while
acting in their official capacities. Under no circumstances will
HHH be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through HHH. It is the
responsibility of Subscriber to evaluate the accuracy,
completeness o usefulness of any information, opinion, advice or
other content available through HHH. Please seek the advice of
professionals as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
12. Miscellaneous
This Agreement and any operating rules for HHH established by HHH
constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the
laws of the State of Delaware, without regard to its conflict of
Laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein
are for convenience only and shall not be given and legal import.
13. Copyrights and Copyright
Agent
HHH respects the rights of all copyright holders and in this
regard, HHH has adopted and implemented a policy that provides of
the termination in appropriate circumstances of subscribers and
account holders who infringe the rights of copyright holders. If
you believe that your work has been copied in a way that
constitutes copyright infringement, please provide HHH Copyright
Agent the following information required the the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17, U.S.C. 512:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed:
2. Identification of the copyright 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:
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and
information reasonable sufficient to permit us to locate the
material:
4. Information reasonably sufficient to permit us to contact the
complaining party:
5. A statement that the complaining party has 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:
6. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
HHH
copyright Agent for notice of claims of copyright infringement on
or regarding this site can be reached as follows:
HolyHipHop.com
Attn: Administration
P.O. BOX 1023
Pine Lake, GA 30072
Phone: 404-893-5752
Questions or Security issues,
email: internetsecurityservices(@)holyhiphop.com
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RULES AND POLICIES FOR ALL COMMUNITY
(MESSAGEBOARD) FORUM MEMBERS:
Although the administrators and moderators of HolyHipHop.com
will attempt to keep all objectionable messages off this forum,
it is impossible for us to review all messages or confirm the
validity of information posted. You agree that all messages
express the HolyHipHop.com does not vouch for or warrant the
accuracy, completeness or usefulness of any message and will not
be held responsible for the content of any message. Any user who
feels that a posted message is objectionable is encouraged to
contact us immediately by email or private message.
By entering and joining this community, you warrant that you
will not post any messages that are knowingly false and/or
defamatory, inaccurate, hateful, harassing, libelous,
pornographic, abusive, obscene, profane, invasive of a person's
privacy, vulgar, sexually-orientated, hateful, threatening, or
otherwise violative of any laws or the rules and policies of
this community. We reserve the right to edit or delete any
message, topic, to ban a username, IP address, domain name, or
email address for *any reason* that we feel is deserved.
You
also agree that you will not post links in our message boards
that try to persuade others against Christianity and if you deny
the omniscient Power of God to create all things and that all
Power lies in God alone, then this is not the community for you
and your login will be terminated. This website is dedicated,
since 1997, to the worldwide proliferation of Holy Hip Hop.
There are many websites that are for non-Christians and people
who hate anything that is not bound in tradition, so any user
that can not abide by the rules and policies for this community
will be asked to find a home elsewhere.
You agree not to post any copyrighted material unless the
copyright is owned by you or by HolyHipHop.com. We will delete
posts that contain copyrighted material not owned by you unless
you have permission to post them there. You remain solely
responsible for the content of your messages, and you agree to
indemnify and hold harmless HolyHipHop.com, the owners of this
site and their agents with respect to any claim based upon
transmission of your message(s) or any other interaction on
these forums.
This Site operates AS-IS and AS-AVAILABLE, without liability of
any kind. Neither HolyHipHop.com nor anyone associated with
HolyHipHop.com represents or endorses the accuracy or
reliability of any advice, opinion, statement or other
information displayed, uploaded or distributed through the
service by any user, information provider or any other person or
entity.
You acknowledge that any reliance upon any such opinion,
advice, statement, memorandum or information shall be at your
sole risk. The web site operates on an "as is" basis without
warranties of any kind, either express or implied, including,
without limitation, warranties of title or implied warranties of
merchantability or fitness for a particular purpose, or noninfringement.
The material in this web site could include technical
inaccuracies or other errors. Your use and browsing of the web
site is at your risk. Neither HolyHipHop.com nor any other party
involved in creating, producing or delivering the web site shall
be liable for any direct, incidental, consequential, indirect or
punitive damages arising out of your access to, or use of, the
web site. HolyHipHop.com does not warrant that the functional
aspects of the web site will be uninterrupted or error free, or
that this web site or the server that makes it available is free
of viruses or other harmful components.
We at HolyHipHop.com reserve the right to reveal your identity
(or whatever information we know about you) in the event of a
complaint or legal action arising from any message posted by
you. Once again, by proceeding with the registration process,
you are agreeing to be bound by these terms of posting and the
rules and policies of this community. This is our entire and
exclusive User Agreement and it supersedes any earlier version.
We may change our User Agreement at any time by posting a new
version on our site.
May God Bless You Always,
HolyHipHop.com Webmaster
James 5: 20. Amen.
Questions or Security issues: email:
internetsecurityservices(@)holyhiphop.com
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