Terms Of Service
- HolyHipHop.com ("HHH") is the interactive on-line service operated by Fellowship of Holy Hip Hop ("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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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:
P.O. BOX 1023
Pine Lake, GA 30072
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,
`Amen James 5:20
We reserve the right, in our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by contacting us through our support form. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframe. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
By submitting material to the Service, you represent and warrant that: We, our customers and licensees shall not be required to make any payments with respect to material that you submit to our sites, including, but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms, The material that you submit to our sites does not contain "samples" of any third party's sound recording or musical composition and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that you submit is not and will not violate any law, statute, ordinance or regulation; The material that you submit is not and will not be defamatory, trade libelous, pornographic or obscene, and You are at least eighteen years of age. By submitting sound recordings or musical compositions or other audio and/or audio-visual content to us, you grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to:
- publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your material, to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users;
- Make your material accessible as audio and/or video streams;
- Use any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.
Protect Your Password And Subscription
You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Requests For Removal Of Listings
If you believe that material you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. We will consider such requests individually.
Third Party Sites And Content
This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in the Service's search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
Your Conduct On The Service
In addition to our Site, certain material that you submit may, in our sole discretion, also become available to certain partners around the world. If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the product from our site and any of our Affiliates. The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part. If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Legal Policies And Notices
You hereby agree to indemnify, defend and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. The listing, or absence of listing, of any document in the Service's search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service's search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY 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, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE. Any controversy or claim arising out of or relating to these Terms or our sites will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or the Party (or its agents, suppliers, and subcontractors) pending the completion of arbitration. These Terms constitute the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.