| |
Legal Disclaimer
We do not independently qualify our experts, verify whether they have any required licenses or the scope of their licenses, or verify the accuracy of their advice. By using the site you agree, that you take the risk of following the advice, that we have very limited liability, you will indemnify us for losses caused by your use, that you will arbitrate any dispute in Cleveland, and other terms that you should read about in the full version of our Terms of Use. Good luck and have fun with our site.
Terms of Use and Medical/Legal Disclaimer This Agreement contains an Arbitration Clause.
The Agreement is made by and between Cleveland-underground-hip-hop.com, with its principal place of business at Cleveland-underground-hip-hop.com, and each user of the Contents ("You" or "User"). A "Person" is a natural person, a corporation, proprietorship, partnership, governmental entity, or any other legal person or entity.
1. Nature of Information.
Cleveland-underground-hip-hop.com publishes video, audio, articles or other content from current and past authors. We are publishers and editors, you should assume we have not authored or checked the information independently. The information represents the opinions of the author. It is for research and informational purposes only. Contents may not be accurate, complete, or up to date. Publication of Contents is not our endorsement of the author, his or her Contents, or of any method or treatment discussed in the Contents. Cleveland-underground-hip-hop.com has not verified the identity of the author, whether the author is licensed, where he or she is licensed, the scope of his or her license, or similar matters. We may from time-to-time provide an video-viewer or other software or functionality by or through the website. THIS SOFTWARE OR OTHER FUNCTIONALITY IS NOT WARRANTEED. Particularly, since operation and functionality depend on factors such as the type of hardware, software, or network User is using, there is a possibility that it not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of contents of your computer; Cleveland-underground-hip-hop.com is not liable for any such problem. We reserve the right to change the software or functionality at any time. Please read our disclaimers and limitations of liability below. User shall not (or permit another Person to) reverse engineer, disassemble, de-compile or otherwise seek to discover or derive the source code, proprietary logic, design or structure of the Content (except to the minimum extent Cleveland-underground-hip-hop.com is required to permit such by applicable law). If you embed or otherwise distribute any software or Contents you must a license with each end-user at least as protective of Cleveland-underground-hip-hop.com as this Agreement. Some of the material may have be edited or otherwise modified by Cleveland-underground-hip-hop.com. To the extent permitted by applicable law, Cleveland-underground-hip-hop.com claims its patent, copyright, trademark, publicity, and any other intellectual property rights in its web sites and all video, audio, articles, information, software, data, or other contents of any kind on or interlinked with a Cleveland-underground-hip-hop.com web site ("Contents"). All rights are reserved.
2. Your Comments, Postings, or Expert Evaluations
From time-to-time, the website may provide the ability for users to upload or post comments, postings, expert evaluations, chat rooms, bulletin boards, or other content ("Posting") from User on the website. You agree that as to any Posting:
it is User's true and accurate opinion
User is the sole author of the Posting or has permission to Post it,
If User is a competitor of an author or another Posting user, or otherwise has an interest adverse to the author or another Posting user, User will fully disclose the interest;
User will not Post misleading or fraudulent Postings
User agrees that Postings are not Confidential and may be shown to all other users;
User will not Post any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
User will not Post information or material that infringes upon a third party right, especially copyright, confidentiality, or other intellectual property rights;
User will not Post any advertisements or other commercial content including spam, chain letters, pyramid schemes, or banner exchange services;
User will not Post viruses, trojan horses, worms or any other malicious application, code, or devices;
User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
User will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and
User will not Post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law.
3. Illegal or other Harmful Use or Access.
Contents may not be used for any illegal purpose. You may not access our networks, computers, or Contents in any manner that could damage, disable, overburden, or impair them, or interfere with any other Person's use and enjoyment. You may not attempt to gain unauthorized access to any Contents, other accounts, computer systems, or networks connected with our sites or Contents.
4. Advice of Professionals.
All Contents, (including the information relating to medical, financial, construction, or other activities that could result in damage, injury, or death) is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a visit, call, consultation, or advice of your physician or other professionals or any information contained on or in any product packaging or labels. It is general advice, is not intended to be relied upon for investment, trade, or other business transactions, and is not intended to offer a solution to a specific problem. Cleveland-underground-hip-hop.com does not recommend the self-management of health problems or duplication of any activity or process described in the Contents. You should never disregard professional advice or delay in seeking advice because of something in the Contents and you should not use the Contents for diagnosing a health or other problem or prescribing a medication. Information and statements regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
5. Assumption of the Risk.
The User assumes any and all risk of damage, injury, or death, from use of the Contents. It has been warned of the limitations and risks in use of the information, and despite such warnings, chooses of its own free will to continue to access or use the Contents.
6. No Commercial Use or Framing.
The Contents are licensed only for the personal, household, educational use by a single individual. An individual's non-commercial reuse or redistribution of any portion of the Contents that falls within what is or would be permitted by the United States Copyright or the Lanham Act is permitted. No commercial use or redistribution of any Contents is permitted. Any hyperlink or other re-display of the information on another web site must display the Cleveland-underground-hip-hop.com Contents full-screen and not within a "frame" on the linked or other website.
7. Cleveland-underground-hip-hop.com Links To Other Web Sites.
The Contents may link you to other web sites or information, software, data, or other contents on or off the internet, including through click-through or other advertising, or through featured or sponsored sites. However, Cleveland-underground-hip-hop.com has not reviewed the contents that may be linked and is not responsible for the content. Your linking to any other pages on other sites is at your own risk. Please remember that such sites are not Cleveland-underground-hip-hop.com sites and the content on such sites could change without Cleveland-underground-hip-hop.com knowledge. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to Cleveland-underground-hip-hop.com. Cleveland-underground-hip-hop.com has not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor does Cleveland-underground-hip-hop.com endorse or support them. Cleveland-underground-hip-hop.com does not warrant, nor is it in any way responsible for, information, software, data, privacy policies, or other contents that are outside of Cleveland-underground-hip-hop.comcontrol.
8. User Indemnification.
Each User will indemnify and hold harmless the Cleveland-underground-hip-hop.com Entities against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by User with the terms and conditions hereof; (b) any third-party actions related to or arising from User's receipt or use of the Contents, whether authorized or unauthorized under the Agreement.
9. Notices.
The parties agree that any notices of Dispute or other communications addressed to Cleveland-underground-hip-hop.com will be sent by Certified or Registered Mail, return receipt requested to the above address, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.
10. Digital Millennium Copyright Act ("DMCA") Notice and Procedure.
Cleveland-underground-hip-hop.com respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on a Cleveland-underground-hip-hop.com site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
b. identification of the copyrighted work that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Cleveland-underground-hip-hop.com to locate the material (for example, by providing a URL to the material);
d. your name, address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information inyour notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
It is our policy to terminate in appropriate circumstances any User account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate a User account for even one instance of infringement.
11. Disclosure of Information
Cleveland-underground-hip-hop.com may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if Pagewise believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
12. DISCLAIMER OF WARRANTIES.
THE CONTENTS ARE "AS IS" AND "WITH ALL FAULTS". TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, NON-INFRINGEMENT, OR OF VERIFICATION OF THE CONTENTS, THERE ARE NO ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
13. LIMITATION OF LIABILITY.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CLEVELAND-UNDERGROUND-HIP-HOP.COM, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY CLEVELAND-UNDERGROUND-HIP-HOP.COM (COLLECTIVELY, THE "CLEVELAND-UNDERGROUND-HIP-HOP.COM ENTITIES"), REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE CONTENTS IN EXCESS OF US$5.00. THE ABOVE LIMITATION SHALL NOT APPLY TO THE EXTENT CAUSED BY THE WILLFUL TORTUOUS MISCONDUCT OR GROSS NEGLIGENCE OF CLEVELAND-UNDERGROUND-HIP-HOP.COM.
14. DISCLAIMER OF CONSEQUENTIAL AND SIMILAR DAMAGES.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CLEVELAND-UNDERGROUND-HIP-HOP.COM ENTITIES, REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE CONTENTS FOR INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, INCREASED COSTS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
15. Independence of Last Three Sections.
The last three sections are intended to be independent of each other and the failure of essential purpose of any portion of any of them shall not affect any other clause or limitation.
16. Other Warranty Rights or Limitations of Liabilities.
Some states and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitation may not apply to you or there may be state provisions which supersede the above.
17. Force Majeure.
A party shall be excused from performing its obligations in this Agreement if prevented or hindered from doing so by acts of God, floods, earthquakes, war, acts of the public enemy, riots, acts of military authorities, labor disputes, strikes, fires, embargoes, unavailability of power or communications facilities, or from circumstances beyond its reasonable control.
18. Arbitration in Cleveland.
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Cleveland, Ohio; both parties hereby give their irrevocable consent to jurisdiction of courts of or in the State of Cleveland, as well as processes of the AAA in Cleveland. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
19. Governing Law.
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Ohio, U.S.A., without giving effect to its conflicts of laws provisions or principles.
20. Entire Agreement; Waiver; Modification; Amendment.
The terms and provisions contained in this Agreement constitute the complete, final, and entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous agreements, warranties, understandings, and representations, written or oral, between the parties as to the subject matter hereof. No modification or amendment of this Agreement shall be enforceable against a party unless in writing and signed by the party against whom such modification or amendment is sought to be enforced. No failure on the part of a party to exercise, no delay in exercising, and no course of dealing or performance with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or future exercise thereof, or the exercise of any other right, power, or privilege under this Agreement.
21. Successors and Assigns.
User may not assign this Agreement (including by operation of law) without the prior written consent of Cleveland-underground-hip-hop.com. Any such attempt to assign shall be null and void. The rights and obligations of the parties shall inure to the benefit of and shall be binding upon the parties, their respective successors, assigns, heirs, and personal representatives. Nothing in the Agreement is intended to or shall confer on any Person other than the parties hereto or their respective permitted successors or assigns, any rights or remedies under or by reason of this Agreement.
22. Captions.
The captions and headings in this Agreement are inserted only as a matter of convenience, and in no way define, limit or in any other way described the scope of this Agreement or the intent of any provision hereof.
23. Severability.
The parties agree that if any part, term, or provision of this Agreement is held illegal or invalid, the validity of the remaining portions or provisions (or the applicability of the provision to other Persons or in other circumstances) shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal or invalid.
24. Survival.
The terms of this Agreement apply to any, receipt, use or performance that occurs before any termination, cancellation, or rescission of this Agreement, and to those obligations that arise after any termination, cancellation, or rescission of this Agreement-namely: any terms, conditions or restrictions on receipt, use, or access to the Contents, systems, or networks of Cleveland-underground-hip-hop.com, and any indemnification obligations.
25. Change of Terms From Time-To-Time.
Cleveland-underground-hip-hop.com may alter any term of this Agreement by posting a notice that there is a change in terms on a page containing the Contents. Any use of any Cleveland-underground-hip-hop.com web site after the date of such notice is deemed acceptance of the new terms.
26. Government Restricted Rights Legend.
Any Contents which used or transmitted for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights and Limited Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS Part 227 and 252 or FARS Parts 27 and 52, and their successors, as applicable. Manufacturer is noted with the Contents; otherwise should be considered Cleveland-underground-hip-hop.com.
Leave The Legal Disclaimer Page and
Go To The Cleveland Hip Hop Home Page
|
