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Terms of Service
The services offered by hiphoppr.net. (“HipHopPR”) include the hiphoppr.net website (the “Website”), the HipHopPR Distribution service, and any other features, content, or applications offered from time to time by HipHopPR in connection with the HipHopPRWebsite (collectively, “HipHopPR services”). HipHopPR Services are hosted in the United States of America.
By accessing and using HipHopPR, you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using particular HipHopPR services, you and HipHopPR shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. HipHopPR may also offer other services that are governed by different terms.
PART A: DISTRIBUTION SERVICES TERMS OF SERVICE FOR ARTIST OR LABEL
- Artist Label Distribution Agreement The following are general guidelines for the terms of agreements between HipHopPR and you, as either an “Artist” or a “Label” seeking distribution of your works on HipHopPR, (Hereinafter referred to in Part A as “You, as Artist and/or Label”) with regard to distributing content owned by, and original to, you, as Artist and/or Label.
- Grant Rights For Music HipHopPR will not use or distribute the content (including but not limited to: songs, soundtracks, albums, compilations, works, artwork, samples or any other protectable intellectual property) of any Artist or Label, without permission from the Artist, and/or Label. By use of this service, you, as Artist or Label, agree that HipHopPR is given the exclusive right for one year, and by use of this service grant a non-exclusive license afterwards, to distribute, publicize, advertise, and display, copies of any of works, songs, soundtracks, albums, photos, likenesses, promotional materials, samples and compilations that have been transferred to HipHopPR by you, as Artist and/or Label. HipHopPR is obligated to distribute within the best of its’ ability, and in the media format(s) it sees fit (included but not limited to, full tracks, ring tones, mobile phone services, videos etc.), for the sole purpose of this agreement.
- Paying Artist Labels You, as Artist and/or Label, must have a merchant account and banking account (such as checking/savings/credit) from a certified bank. For more protection we require that the Artist (Label) choose PayPal as their merchant account client. Other personal and/or business merchant accounts are not compatible with the payment agreement. HipHopPR recommends using PayPal for online transfers for safety and security reasons. If you do not have a PayPal account, you, as Artist and/or Label must open a PayPal account to receive any royalties.
- HipHopPR Distribution Agreement Plan By accepting this agreement, you, as Artist or Label, is entitled to earn 80% of the total revenue generated for all masters delivered to all digital services within the HipHopPR network. You, as Artist or Label, will be paid within 45 days from the last day of each quarter with sale statistics and updates for your masters. Your payment, as Artist or Label, will to be paid via PayPal.
- Canceling the Agreement By accepting this agreement, you, as Artist or Label, reserves the right to cancel the HipHopPR subscription service at anytime without notice after the first year term to HipHopPR. By canceling the subscription service, you have agreed to purge all information regarding your account. It is HipHopPR’s obligation to pay out any outstanding royalties owed to Artist or Label upon cancelation of service. HipHopPR reserves the right to cancel the HipHopPR subscription service at anytime without notice to Artist or Label.
- Digital Rights Policy By accepting this agreement, you, as Artist or Label, are obligated to provide Proof of Authorization of the material within 3 business days during a Digital Rights Dispute (DRD) filed on the behalf of the material. Failure to provide Proof of Authorization of the material will result in an immediate removal of the material. It is HipHopPR’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate any materials without immediate notice from all acting music store services.
PART B: GENERAL TERMS AND DEFINITIONS APPLICABLE TO ENTIRE AGREEMENT
- Capacity to Contract In consideration of your use of HipHopPR, you represent that you are of legal age to form a binding contract, and are not a person barred from receiving HipHopPR services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by HipHopPR registration forms and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- Entire Agreement This Agreement constitutes the entire agreement between you and HipHopPR and governs your use of HipHopPR services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HipHopPR services, affiliate services, third-party content or third- party software.
- Modifications to Agreement HipHopPR may modify this agreement at any time without notice and/or approval by Artist or Label.
- Availability and Price The availability and prices of content are subject to change without notice.
- HipHopPR Trademark You may not use HipHopPR’ trademarks under any circumstance without the prior written approval of a HipHopPR Executive.
- Protection of Rights You agree to comply with all applicable laws, including copyright law, in your use of any content you use, download, upload or access through HipHopPR , and you agree to protect the applicable rights of owners of such content. Any copying, reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner, is a violation of the law and is expressly prohibited. Other than as expressly set forth herein, copying, sharing or transferring of non-public domain content in which you do not have a copyright, possessory interest, or license, is expressly prohibited.
- No Modifications to Content or Software You agree that you will not attempt to modify any content, or any software, including content or software of any third-party obtained through HipHopPR, for any reason whatsoever, including for the purpose of disguising ownership or source of the content.
- Indemnification You agree to indemnify and hold HipHopPR and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through HipHopPR, your use of HipHopPR services, your connection to HipHopPR, your violation of this Agreement, or your violation of any rights of another.
- Limitation of Liability You expressly understand and agree that HipHopPR and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (a) the use or the inability to use HipHopPR; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on HipHopPR; or (e) any other matter relating to the HipHopPR. Neither owners of content, nor third-party providers of content will be liable for any indirect, incidental, punitive, special or consequential damages or any kind arising from the use of HipHopPR, the use of any third-party service or content provider, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
- No Warranties HipHopPR service, provided content and other information, materials and products included on or otherwise made available to you through HipHopPR, including services, content, information, materials and products provided by or through third-parties, are provided “as is” and “as available”, without warranties of any kind. To the full extent permissible by applicable law, any and all potential warranties of merchantability and fitness for a particular purpose and hereby disclaimed. Further, no guarantees are made that any content, software, information, materials or products included on or otherwise made available to you through HipHopPR are free of viruses or other harmful components.
- Force Majeure Neither party shall have any liability under, or be deemed to be in breach of this agreement for any delays or failures in performance, which results from circumstances beyond the reasonable control of either party. Force Majeure shall be understood to include, but not limited to, any damage or delay caused by acts of God, acts or regulations or decrees of any government, natural phenomena such as earthquakes, floods, fires, riots, wars, lockouts, or other causes unforeseeable and beyond the reasonable control of the parties.
- Governing Law/Jurisdiction: This agreement shall be constructed in accordance with the law of the State of Michigan. The parties agree that any suit, action or proceeding arising out of or relating to this agreement shall be brought before a court of competent jurisdiction in the City and State of Southfield, Michigan, in the United States of America.
- Definitions: a. “Permanent Download” (used as a noun) means a non-expiring complete digital copy of a Sound Recording, available on an a la carte basis delivered to you and End User. b. “Samples” are thirty (30) second streams of Sound Recordings accessible by you as the End Downloads. c. “Artwork” means all artwork made available, including, without limitation, front cover album artwork (or corresponding artwork for singles and other non album configurations) for Permanent Downloads and Samples and artist images.