PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. BY USING THIS WEB SITE, YOU AGREE
TO THESE TERMS AND CONDITIONS.
We respect the privacy of our customers and encourage you to read our Privacy Statement so that you may make an informed decision about using our website.
Unless otherwise indicated, all website materials, including, without limitation, the HIP MUZIK logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of HIP MUZIK or its licensors. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of HIP MUZIK is strictly prohibited.
HIP MUZIK™, HIP MUZIK.COM™, the HIP MUZIK logo, and any proprietary product or service names contained in this website are either trademarks or registered trademarks of HIPMIX or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HIP MUZIK. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of HIP MUZIK, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HIP MUZIK. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photographs, original or creative materials or other information, provided by you in the form of e-mail or submissions to HIP MUZIK, or postings on this website (“Material”), are nonconfidential and that HIP MUZIK shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of its Web Site. The submission of any Material to HIP MUZIK irrevocably waives any and all ‘‘moral rights’’ in such material, including the rights of paternity and integrity. Furthermore, in regards to any Materials provided by you, you hereby grant to HIP MUZIK, its successors and assigns, a nonexclusive, irrevocable, perpetual, worldwide license to copy, distribute, display, publicly perform, broadcast, transmit, adapt and/or create derivative works of the Material, including a license to redistribute, reproduce, republish, and authorize reproduction, republication and syndication of all or part of the Material in print, video and/or audio formats and in any media or platform or by any other method (computer, electronic, magnetic, online, optical, CD-ROM or otherwise), now or hereafter invented.
INAPPROPRIATE IMAGES OR WORDS
HIP MUZIK reserves the right to remove any text or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:
photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on this website infringes upon any copyright that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use HIP MUZIK only for lawful purposes. You are prohibited from posting on or transmitting through HIP MUZIK any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
HIP MUZIK respects the intellectual property of others, and we ask our registered members to do the same. HIP MUZIK may, in appropriate circumstances and at its discretion, terminate the accounts of registered members who infringe the intellectual property rights of others.
HIP MUZIK may elect to electronically monitor areas of this website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this website, or to protect the rights or property of HIPMIX, its independent contractors, service providers, consultants, sponsors, licensors or the public. HIP MUZIK retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, HIP MUZIK or the rights of any third party, or to violate any applicable law.
USE BY CHILDREN
HIP MUZIK does not offer products for sale to children under 18. We sell products for purchase by adults only. By using this website, you are representing to us that you are 18 years old or older. HIP MUZIK will not be liable for any damages that may result from misrepresentation of age by a user of our website.
You agree to defend, indemnify and hold harmless HIP MUZIK, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the HIP MUZIK website or the use of any photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against HIP MUZIK and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.
THIS WEBSITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN ‘‘AS IS’’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HIP MUZIK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HIPMIX DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT HIPMIX PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HIPMIX DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HIP MUZIK reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HIP MUZIK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HIP MUZIK OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HIP MUZIK, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, 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 HIP MUZIK’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HIPMIX (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 HIP MUZIK’S WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HIP MUZIK FOR ACCESS TO OR USE OF THIS WEB SITE.
LINKING TO OUR WEBSITE
You are granted a limited, nonexclusive right to create a hyperlink to this website provided such link does not portray HIP MUZIK or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any HIP MUZIK trademark, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page without HIP MUZIK’s express written consent. Further, you may not use any meta tags or any other ‘‘hidden text’’ utilizing a HIP MUZIK name, trademark or product name without HIP MUZIK’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of HIP MUZIK or any third party. HIP MUZIK makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to this website.
HIP MUZIK may provide links to Web pages and content of third parties (‘‘Third Party Content’’) as a service to those interested in this information. HIPMIX does not monitor, nor does it have any control over, any Third-Party Content. HIP MUZIK does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. HIP MUZIK makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the HIP MUZIK site, you should be aware that HIPMIX’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third-Party Content contained therein at their own risk.
SEVERABILITY AND NONWAIVER
QUESTIONS AND CONTACT INFORMATION
General questions or comments about HIP MUZIK’s website may be directed to HIP MUZIK’s Customer Service at firstname.lastname@example.org
ADDRESS OF RECORD
Hip Muzik, LLC
3550 Whittaker Lane
Beaumont, Texas 77706