TERMS AND CONDITIONS – END-USER
THIS AGREEMENT IS BY AND BETWEEN CAPITAL VISUALS CO, LLC (“AZMUSICVIDEO.COM”) and any end-user (“You” or alternatively, the “End-User”) that accesses the VOTEHIPHOP.COM website. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
You must be able to affirm that you are at least 18 years of age to use AZMUSICVIDEO.COM. However, if you are at least 13 years of age, but under 18 years of age, you may present this Agreement to your parent or legal guardian, and he or she must “AGREE” to enter into this Agreement on your behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of AZMUSICVIDEO.COM, including all financial charges and legal liability that he or she may incur.
AZMV hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
- your use of the Website as permitted is solely for your personal use;
- you will not copy or distribute any part of the Website in any medium without VHH’s prior written authorization;
- you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
- you will otherwise comply with the terms and conditions of these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AZMV, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
AZMV reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
AZMUSICVIDEO.COM reserves the right to change the terms, conditions, and notices under which the AZMUSICVIDEO.COM Web Site is offered, including but not limited to the charges associated with the use of the AZMUSICVIDEO.COM Web Site.
LINKS TO THIRD PARTY SITES
The AZMUSICVIDEO.COM Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of AZMUSICVIDEO.COM and AZMUSICVIDEO.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AZMUSICVIDEO.COM is not responsible for webcasting or any other form of transmission received from any Linked Site. AZMUSICVIDEO.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AZMUSICVIDEO.COM of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the AZMUSICVIDEO.COM Web Site, you warrant to AZMUSICVIDEO.COM that you will not use the AZMUSICVIDEO.COM Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AZMUSICVIDEO.COM Web Site in any manner which could damage, disable, overburden, or impair the AZMUSICVIDEO.COM Web Site or interfere with any other party’s use and enjoyment of the AZMUSICVIDEO.COM Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AZMUSICVIDEO.COM Web Sites.
USE OF COMMUNICATION SERVICES
The AZMUSICVIDEO.COM Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
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.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
AZMUSICVIDEO.COM has no obligation to monitor the Communication Services. However, AZMUSICVIDEO.COM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AZMUSICVIDEO.COM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AZMUSICVIDEO.COM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AZMUSICVIDEO.COM ‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AZMUSICVIDEO.COM does not control or endorse the content, messages or information found in any Communication Service and, therefore, AZMUSICVIDEO.COM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AZMUSICVIDEO.COM spokespersons, and their views do not necessarily reflect those of AZMUSICVIDEO.COM.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO AZMUSICVIDEO.COM OR POSTED AT ANY AZMUSICVIDEO.COM WEB SITE
AZMUSICVIDEO.COM does not claim ownership of the materials you provide to AZMUSICVIDEO.COM (including feedback and suggestions) or post, upload, input or submit to any VOTEHIPHOP.COM Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AZMUSICVIDEO.COM, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. AZMUSICVIDEO.COM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AZMUSICVIDEO.COM’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AZMUSICVIDEO.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AZMUSICVIDEO.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AZMUSICVIDEO.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AZMUSICVIDEO.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
AZMUSICVIDEO.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AZMUSICVIDEO.COM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AZMUSICVIDEO.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AZMUSICVIDEO.COM takes copyright seriously and our users are responsible for the content that they upload or stream from our site. If you discover any Content on AZMUSICVIDEO.COM that you believe infringes your copyright, please report this to us using any of the methods outlined in our DMCA policy.
If you would prefer to send us your own written notification, please make sure that you include the following information:
- a statement that you have identified Content on AZMUSICVIDEO.COM that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the location where such Content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your AZMUSICVIDEO.COM user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to firstname.lastname@example.org_____ and/or by mail to the following address:
3066 E. Nora Street
Mesa, Arizona 85213
You understand that by using AZMUSICVIDEO.COM, you may encounter content that may be deemed offensive, indecent, or objectionable, which may or may not be identified as having explicit language. You may also experience comments, reviews or other communication from other users which may be indecent, objectionable or aggressive. Nevertheless, you agree to use AZMUSICVIDEO.COM at your sole risk and AZMUSICVIDEO.COM shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your or other content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate we will send you a written warning to this effect. Any user that receives more than two of these warnings within any twelve-month period is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by AZMUSICVIDEO.COM at its discretion.
Notwithstanding the foregoing, AZMUSICVIDEO.COM can suspend any user account at any time in its sole discretion for any or no reason.
AZMUSICVIDEO.COM reserves the right, in its sole discretion, to terminate your access to the AZMUSICVIDEO.COM Web Site and the related services or any portion thereof at any time, without notice.
AZMUSICVIDEO.COM may offer subscription services to its members (the “Subscription”). If they are offered, and if you sign up for Subscription services you agree to pay the Subscription fees and any other fees designated by AZMUSICVIDEO.COM at the rates in effect at the time the charges are incurred. The Subscription services may include, among other things, access to premium content and services not available to other members. This premium content and services may change from time to time in the sole discretion of AZMUSICVIDEO.COM and may be subject to other terms and conditions. Subscription fees will be billed at the beginning of any Subscription period and upon renewal. All Subscription fees and charges are non-refundable. We may change the fees and charges in effect for any Subscription service at any time and in our discretion. These fees shall be posted on the AZMUSICVIDEO.COM website and you shall be responsible for understanding any changes that have been made. If you downgrade from one tier of subscription pricing to another, we will provide you with a credit to apply toward your new plan on a go forward basis.
Your Subscription will renew automatically unless you it is cancelled prior to any renewal period. Once the Subscription renews, the Subscription is non-refundable. We may cancel your Subscription at any time for any or no reason. The premium services applicable to any Subscription may be changed or removed from the Subscription service at any times in AZMUSICVIDEO.COM’s sole discretion. The services provided as part of a Subscription shall be posted on our website. Provided you are current on your Subscription, the services relating to that Subscription will continue to be available to you except to the extent that the services may be modified or removed by AZMUSICVIDEO.COM during the course of the Subscription.
The AZMUSICVIDEO.COM website utilizes “Cookies” which are small data files that are written to your hard drive when you visit our site. Our Cookie files may contain information including your Registration Information and may be used by AZMUSICVIDEO.COM for, among other things, tracking the pages you visited, how long you visited the pages and other analytics relating to your usage of the website. We may also utilize this data as well as aspects of your Registration Information to understand the composition of our user base and to aggregate that information for advertisers or other third parties. Certain aspects of the website may not perform optimally or at all without Cookies be enabled through your browser.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, United States of America, in all disputes arising out of or relating to the use of the AZMUSICVIDEO.COM Web Site.
Should either party hereto, or any heir, personal representative, successor or assignee of either party hereto, resort to legal proceedings in connection with this Agreement, the prevailing party shall be entitled to its costs, attorneys’ fees and litigation related expenses to be paid by the losing party.
Use of the AZMUSICVIDEO.COM Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AZMUSICVIDEO.COM as a result of this Agreement or use of the AZMUSICVIDEO.COM Web Site.
AZMUSICVIDEO.COM’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AZMUSICVIDEO.COM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AZMUSICVIDEO.COM Web Site or information provided to or gathered by AZMUSICVIDEO.COM with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and AZMUSICVIDEO.COM with respect to the AZMUSICVIDEO.COM Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AZMUSICVIDEO.COM with respect to the AZMUSICVIDEO.COM Web Site.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this Agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the AZMUSICVIDEO.COM Web Site are: Copyright 2013 – 2014 AZMUSICVIDEO.COM, LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of the respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims.