Terms of Service
ACCEPTANCE OF TERMS
By accessing or using this CTHIPHOP.ORG web site (the “Site”) in any way you agree to and are bound by the terms and conditions set forth in these Terms of Service and in any changes thereto that CTHIPHOP.ORG (“CTHH”) may publish from time to time (the "Terms"). If you do not agree to all of the terms and conditions contained in the Terms, do not access or use this Site.
CTHH may change the Terms from time to time at its sole discretion. Your continued access or use of the Site and or postings, listings, links, URLs, bios, videos, images, and name ("Participation Materials") therein constitutes your acceptance of the changes. Your access, use, and Participation Materials on the Site will be subject to the most current version of the Terms posted on the CTHH site at the time of such use. Please regularly check the "Terms of Service" link on the Site to view the then-current Terms. If you breach any of the Terms, your authorization to access, use this Site automatically terminates, and any Participation Materials uploaded or posted to the Site in violation of the Terms will be immediately removed.
“Participation” shall mean posting and or submitting information, data, links, URLs, files, text, images, photographs, graphics, videos, webcasts, publications, and content.
“Participation Materials” shall mean information submitted to the Site as provided by Participant. Participation Materials also means all information, data, links, URLs, files, text, images, photographs, graphics, videos, webcasts, publications, and content, made available or enabled to the Site by CTHH or Participants of this Site. These materials must be your original work and or you must have ownership rights to them.
“Participant” shall mean all those posting the Participation Materials and who have accepted the Terms and their subsidiaries, affiliates or entities by which Participant is managed, controlled or owned, if any.
“Object Code” means software in compiled, executable, machine-readable form.
“Proprietary Material” shall mean use of the Site, Software, marks, and marketing materials owned and developed by CTHH.
“Site” means the CTHIPHOP.ORG web site.
“Software” means the processes, source code, object code, algorithms and computer program(s) that have been developed by or for CTHH.
“Source Code” means software in human readable form.
"Content Categories" means web pages on the Site where Participation Materials will be displayed. The five Categories on the site are Artists, Music, News, Videos, and Links. The exact location of each of these Content Categories are: http://www.cthiphop.org/artists.htm, http://www.cthiphop.org/music.htm, http://www.cthiphop.org/news.htm, http://www.cthiphop.org/videos.htm, and http://www.cthiphop.org/links.htm.
USE OF SITE
To Participate in the Site, you must be a current Connecticut resident, you must have ownership rights of the Participation Materials, and you must have a verifiable link to CTHIPHOP.ORG on a current and accessible web site. The exact format of the link text is CT Hip Hop - free publicity, marketing, and promotion which will link to http://www.cthiphop.org. The HTML code is:
<a href="http://www.cthiphop.org">CT Hip Hop - free publicity, marketing, and promotion</a>
CTHH reserves the right to add, not add, remove, reposition, resize, rescale, edit, or truncate any Participation Materials submitted to the Site.
If approved by CTHH, Participation Materials will be assigned to specific Content Categories on the Site at CTHH's discretion. The exact placement of the Participation Materials is completely at CTHH's discretion. Participation Materials may be physically displayed anywhere within the web page of the specific Content Categories on the Site.
You must adhere to all limitations on dissemination, usage and reproduction of any Participation Materials that you download from the Site that are subject to such limitations. You agree to use the Participation Materials only to in an appropriate manner as related to the particular Participation Materials being accessed or used by you. As some examples of improper activities when accessing or using the Site and Participation Materials, you agree that you shall not:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another's account, password, Participation Materials or computer systems or networks connected to any CTHH server or to the Site without authorization from CTHH, whether through hacking, password mining or any other means.
Remove or falsely add to any uploaded Participation Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
Access or attempt to access any Participation Material that you are not authorized to access or Participation Materials through any means not intentionally made available through the Site.
Make available any files containing Participation Materials where you do not own or control, or have not received the necessary rights to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Participation Materials.
Use any Participation Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Participation Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
Create a false identity for the purpose of misleading others.
Download any Participation Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, or Participation Materials.
Breach any guidelines or other codes of conduct applicable to the Participation Materials.
Access or use the Site in any manner that could damage, disable, overburden or impair any CTHH server or the network(s) connected to any CTHH server.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms.
Prepare, compile, use, download or otherwise copy any Site directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Violate the rights of CTHH or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any CTHH domain name as a pseudonymous return e-mail address.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by CTHH.
When using the Participation Materials, you will be subject to any posted guidelines, or rules applicable to such Participation Materials, in addition to these Terms. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. CTHH offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Participation Materials, Software or another Third-Party Service. You agree that you will not hold CTHH responsible or liable with respect to the Third-Party Services.
CTHH, in its sole discretion, may (but has no obligation to) monitor or review the Participation Materials at any time. CTHH may at any time without notice and in its sole discretion: (a) terminate access to or use of any Participation Materials or an area of the Site where Participation Materials are posted or submitted; and (b) disclose any information related to your use of any Participation Material, or the substance of any of your posted or submitted Materials, as CTHH deems necessary to comply with applicable law, regulation, legal process or governmental request.
If you are required to establish an account in connection with the Participation Materials, you must complete the designated registration process. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify CTHH immediately. If the Participation Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account, you consent to CTHH's display of such information and accept all risks of unauthorized access to such information.
TITLE TO INTELLECTUAL PROPERTY
Participant represents and warrants that it is the owner of the Participation Materials or otherwise has the right to grant to CTHH the license hereunder without violating any rights of any third parties.
Participant acknowledges that the Site contains valuable trade secrets of CTHH and its suppliers. Participant shall hold the Site in confidence and shall not disclose the source or object code of any portion of the Software to anyone. Participant will treat the Participation Materials with at least the same degree of care, but with no less than a reasonable degree of care, as it would its own trade secrets, software source and object code or other proprietary information, without limiting the foregoing. Any portion of the Participation Materials that is generally publicly known, that is rightfully obtained from a third party, or that is developed independently by Participant shall not be considered to be confidential. This Section shall survive the termination of these Terms for a period of five (5) years) after termination of these Terms. In the event that Participant has knowledge or receives written notice of any proposed or final judicial or administrative order that would require Participant to disclose any portion of the Participation Materials to a third party, Participant shall notify CTHH of such matter. Participant acknowledges that, in the event of Participant's breach of any of the provisions of these Terms, CTHH will not have an adequate remedy in money or damages. CTHH shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. CTHH's right to obtain injunctive relief shall not limit its rights to seek further remedies. Any copyright notice used in connection with Participation Materials shall not be deemed to imply that any part of Participation Materials has been published, has been placed in the public domain, or has removed the obligation to hold Participation Materials in confidence and not to disclose to anyone.
Participant hereby agrees to indemnify and defend (at his or her own expense, with counsel approved by CTHH) CTHH and its officers, directors, employees, and affiliates, from and against any and all claims, actions, damages and costs (including interest and attorneys' fees and costs, whether incurred at arbitration, bankruptcy or the administrative, trial, appellate or post-judgment level) arising directly or indirectly from (a) any acts, errors, and/ or omissions of Participant, (b) any breach by Participant of his or her representations, warranties, covenants, or agreements in these Terms or in connection with these Terms, (c) Participant's sale of products or furnishing of services. If Participant fails to defend any action or proceeding with counsel approved by CTHH, CTHH shall have the right to defend such action or proceeding at Participant's cost and expense.
ARBITRATION/CHOICE OF LAW
These Terms are made in the County of Fairfield, State of Connecticut, and shall be construed and interpreted in accordance with the laws of the State of Connecticut. Venue for any disputes is in Fairfield County, Connecticut. Both parties hereto agree any controversy or claim arising out of or relating to these Terms, or the breach thereof and/or the relationship of the parties, shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association before a single arbitrator mutually agreed upon by the parties, in Fairfield County, Connecticut, with entitlement of each party to discovery as provided under Connecticut law, and that judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the parties are unable to agree upon an arbitrator within thirty (30) days after the initial proposal, the arbitrator will be selected in accordance with the Commercial Rules of Arbitration of the American Arbitration Association then in effect. The prevailing party in any arbitration will be entitled to recover its fees and expenses associated with such arbitration, including, but not limited to, attorneys' fees, expert fees and the costs of arbitration in the amounts determined by the arbitrator. If CTHH incurs costs, expenses, or suffers settlement claims or legal judgments rendered against it due to actions or inaction of Participant, Participant shall indemnify and shall reimburse, such costs to CTHH. If, or when, Participant is directed by any court or arbitrator to pay consideration in any form to customers or former customers, the payment of such consideration shall be the sole responsibility of Participant, and CTHH shall in no way be responsible for such payment. These remedies, and all other remedies provided in these Terms, shall be cumulative and the exercise or non-exercise of such remedies shall not preclude any other remedy at law or in equity.
These Terms may be terminated without cause by CTHH at any time at the discretion of CTHH. In addition, these Terms shall be deemed terminated immediately by CTHH if Participant is found to have misrepresented information about CTHH or any CTHH program, should Participant have breached any term of these Terms, or to have sold policies based on false or misleading statements, any Federal or state regulation governing telephone, email or other methods of mass solicitation. CTHH shall have the authority to terminate these Terms in its sole discretion if presented with evidence of such activities that CTHH considers persuasive, or by cancellation or non-renewal of any Terms Participant is required to have under the terms of these Terms. Upon the effect of termination CTHH shall block further access by Participant to the Site and Participant's right to use any marketing materials or tools provided under these Terms ceases.
CHOICE OF LAW
These Terms shall be construed in accordance with and governed by the laws of the State of Connecticut, County of Fairfield, without regard to its conflicts of laws principles.
RELATIONSHIP OF THE PARTIES
Nothing in these Terms is intended to nor shall be construed to create an employment relationship, partnership or joint venture between CTHH and Participant. CTHH shall be free to exercise its own judgment as to the persons whom it will solicit and the time and place of such solicitation and shall pay all expenses which it incurs in the performance of these Terms, including, without limitation, expenses for income taxes, social security taxes, self-employment taxes and all expenses, costs commissions and fees relating to Participant's performance under these Terms. Participant shall have no authority to bind or obligate CTHH, or to incur any liability or expense on behalf of CTHH.
LINKS TO THIRD PARTY SITES
The Site or Participation Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by CTHH to you as a convenience and the inclusion of the links do not imply any endorsement by CTHH of any Linked Site. CTHH has no control of the Linked Sites and you therefore acknowledge and agree that CTHH is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that CTHH is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Participation Materials, as well as their selection and arrangement, are protected by copyrights, trademarks, patents or patents pending, trade secrets and/or all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Participation Materials may violate such laws and the Terms. Except as expressly provided herein, CTHH and its suppliers do not grant any express or implied rights to use the Participation Materials. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Software, or Participation Materials,or any portion thereof or the selection and arrangement except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Program or Participation Materials.
The trademarks, logos and service marks ("Marks") displayed on this Program are the property of CTHH or other third parties. You are not permitted to use the Marks without the prior written consent of CTHH or such third party that may own the Marks. CTHH and the CTHH logo are trademarks of CTHH.
CTHH may at any time without notice and in its sole discretion: (a) terminate access to or use of any Participation Materials; and (b) disclose any information related to your use of the Participation Materials as CTHH deems necessary to comply with applicable law, regulation, legal process or governmental request.
All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify CTHH immediately.
USE OF SOFTWARE
Data encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Program (collectively, "Software") are the copyrighted and/or patented work of CTHH or its suppliers. Use of such Software is governed by the terms of these Terms. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
USE OF PARTICIPATION MATERIALS
Except as indicated to the contrary elsewhere in these Terms, you may view and print the Participation Materials available on this Program subject to the following conditions:
• The Participation Materials may not be modified or altered in any way.
• The Participation Materials may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
• You may not remove any copyright or other proprietary notices contained in the Participation Materials.
• You may not copy or distribute any graphics in the Participation Materials apart from their accompanying text.
• You will not quote or display any portion of the Participation Materials out of context.
• CTHH reserves the right to revoke the authorization to view, download and print the Participation Materials available via this Program at any time, and any such use shall be discontinued immediately upon notice from CTHH.
• The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the Participation Materials available on this Program are not applicable to the design, layout or look and feel of this Program. Such elements of the Program are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Program may be copied or retransmitted unless expressly permitted by CTHH. In addition, various sections of the Program may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
RESTRICTION AND TERMINATION OF USE
CTHH may block, restrict, disable, suspend or terminate Participant's access to all or part of the Site at any time in CTHH's sole discretion, without prior notice or liability to you.
WARRANTIES AND DISCLAIMERS
THE SITE IS PROVIDED BY CTHH UNDER THESE TERMS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CTHH MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. CTHH MAY MAKE CHANGES TO THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE MAY BE OUT OF DATE, AND CTHH MAKES NO COMMITMENT TO UPDATE THE SITE.
THE USE OF THE SITE OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. CTHH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CTHH OR VIA THE SITE OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. CTHH WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
The Participation Materials can be accessed from countries around the world and may contain references to CTHH products, services and programs that are not available in your country. These references do not imply that CTHH intends to announce such products, services or programs in your country. The Participation Materials are controlled, operated and administered by CTHH from its offices within the United States of America. CTHH makes no representation that the Participation Materials are appropriate or available for use at other locations outside the United States, and access to the Program from territories where the Program, the Services or Materials are illegal is prohibited. If you access the Participation Materials from a location outside the United States, you are responsible for compliance with all local laws.
PERSONAL INFORMATION AND PRIVACY
CTHH will use and protect your data, such as your name and address, in accordance with the CTHH Terms. Please be aware that your browser must be enabled to accept cookies in order for you to use certain aspects of the Participation Materials.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CTHH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF CTHH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE STSTEM PARTICIPATION MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE OR PARTICIPATION MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
The Terms and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Participation Materials constitute the entire agreement between CTHH and you with respect to your access to or use of the Site and Participation Materials superseding any prior agreements between you and CTHH on such subject matter (including any prior versions of the Terms). Notwithstanding the foregoing, to the extent that any terms set forth in these Terms expressly contradict any terms of a written agreement between you and CTHH regarding the use of specific Materials, such contradictory terms set forth in these Terms shall govern. You may also be subject to additional terms and conditions that may apply when you use other CTHH services, third party content or third party software. You may not assign or otherwise transfer the Terms nor any right granted hereunder without CTHH's prior written consent. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by CTHH to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.