stlhiphop Terms of Use

Legal Notice/Terms of Use

TERMS AND CONDITIONS OF THE STLHIPHOP NETWORK USE

Set forth below are the terms and conditions (these "Terms and Conditions") governing the The stlhiphop Network web network or linked to through, the root URLs www.planet-hiphop.com and/or www.stlhiphop.com, which may expand or change from time to time (the "Website"). As used herein, the term 'the stlhiphop Network" refers to stlhiphop, stlhiphop.com, 3rd parties where portions of the network resides and affiliates, and the sole owner and operators of the Website; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

CAREFULLY READ THESE TERMS AND CONDITIONS. BY VISITING ANY COMPONENT OF THE STLHIPHOP NETWORK, AVAILING YOURSELF OF THE NETWORK, WEBSITE, RADIO STATION OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable The stlhiphop Network program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on The stlhiphop Network server, and you should not attempt to "pass off" any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.

Sites Linked From the Website: Links to third-party web sites from the Website are not necessarily under The stlhiphop Network's control, and The stlhiphop Network does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. The stlhiphop Network does not investigate, monitor or check for accuracy such third-party web sites and The stlhiphop Network does not intend any such links to third-party web sites to imply The stlhiphop Network's sponsorship or endorsement thereof. Your use of such web sites is at your own risk.

"Framing" the Website: Framing of the Website is permitted only by express agreement with The stlhiphop Network, and The stlhiphop Network may require if specific measures are to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to the Website or providing each user or consumer with the opportunity to visit the Website directly by, for example, including a tab labeled "Remove Frames." The stlhiphop Network reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of the Website shall not be considered a waiver of any of The stlhiphop Network's rights. Any framing of the Website shall not imply the endorsement or sponsorship of The stlhiphop Network, or The stlhiphop Network Affiliates, as hereafter defined.

Artist Submissions: The term "Material" means any and all material The Artist and/or Artist Representatives submit to us, including songs, recordings, musical works, photographs, videos, urls and any other material of any kind.

You agree that you are not entitled to receive any payment from us for use of Materials, including the use of your name, recordings, images or biographical data, provided by you, due to the promotional benefit derived by you from such use.

By submitting Material The Artist and/or Artist Representatives are granting us an all-in non exclusive worldwide license to reproduce, distribute, perform and display Artist Material in our websites and stations, or streaming formats in whole or part, to use any trademarks, service marks or trade names incorporated in the material, and to use the name and likeness of any individuals represented in the material.

The Artist retains ownership of copyright and all other rights in the material, subject to the non-exclusive rights you are granting us under this agreement. The Artist is free to grant similar rights to others during and after the term of this agreement.

The term of this agreement shall be one year from the date of submission, and will continue for subsequent contract periods of one year, unless terminated in writing by either party within 60 days of expiration of any given term. The Artist and/or Artist Representatives warrant and represent that they own all rights to the Material they submit to us, and that they are free to enter into this agreement and have secured all third party consents necessary, and that the material will not violate any laws or infringe upon or violate the rights of any third party.

The Artist and/or Artist Representatives agree that The stlhiphop Network has the right to accept or reject any material as it sees fit, and to include or exclude material at its sole discretion.

The Artist and/or Artist Representatives will be responsible for all rights payments for licensing, reporting and payment obligations of all kinds in connection the use of the material. Such payments include those relating to union or guild payments, "sample" or "replay" licenses or payments, mechanical, synchronization and public performance rights in the material, and any other 3rd party payments of any kind in connection with the materials. You indemnify us from any liability, costs, damages or legal fees incurred by you in respect of any breach of intellectual property or other rights aforesaid.

The Artist and/or Artist Representatives grant us a royalty free license to stream audio/video clips in whole or in part to promote your work on your behalf.

Copyright and Trademark Infringement Policy and Notification Procedure: The stlhiphop Network does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the "Content") posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the "Artist") who has represented and warranted to The stlhiphop Network that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (see the section titled Representations and Warranties of the current The stlhiphop Network Artist License Agreement at http://www.stlhiphop.com/legal/artistlicense.htm).

Since The stlhiphop Network is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the "Complainants") and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by going to the Artist's page on the Website, clicking the Contact tab and using the email tool provided to transmit a message. It has been The stlhiphop Network's experience that most Artists are honest and responsible citizens who may not realize they are engaged in infringing activities. Typically, once notified of a claim, Artists voluntarily cease using such infringing Content and/or Name on the Website and elsewhere.

Complainants may notify The stlhiphop Network concerning any Content and/or Name being used on the Website in violation of their rights either by providing all requested information in the manner described below

If you, as an artist/band or other copyright holder of materials being hosted on The stlhiphop Network believes that there has been an infringement of your copyrighted material on The stlhiphop Network then please let us know. Submit your copyright complaint with details of (a) description of the said work being infringed upon. (b) Registration information, number of registered work with the copyright office. You must include a digital or hardcopy of the work you allege is being infringed upon. (c) Clearly state your name, postal address, email address telephone number. To issue a notice of complaint of infringement to the alleged artist or band and to withdraw any musical work being hosted on The stlhiphop Network you will further need to furnish The stlhiphop Network with a notorized statement or a statutory declaration and made under penalty of perjury that

(1) you are the copyright owner of the Material being infringed upon.

(2) you are authorized to act on the copyright owner's behalf

(3) you believe in good faith that no permission legally or otherwise has been sought for or granted either by the copyright owner, its agents, or applicable law for the use of the copyrighted Material allegedly infringed upon.

Where allegations of infringements are substantiated with appropriate information and hard evidence The stlhiphop Network will IMMEDIATELY withdraw such musical work from The stlhiphop Network and terminate the agreement of promotions with the offending artist/ band or the signatory to the aggreement. We will not be liable for loss, damages, costs and expenses (including reasonable legal fees and court costs) arising out of or related to a breach of copyright by any artists/bands featured on the website.

The stlhiphop Network only shall use information provided by Complainants in accordance with its then-current Privacy Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all of the information to Artists.

Submit - (a) by email, sign electronically, then transmit to legal@stlhiphop.com; subject: "Infringement Notification;" or (b) by facsimile, sign physically then fax to (314) 485-2928, Attention: Legal Department

Questions concerning The stlhiphop Network's Copyright and Trademark Infringement Policy and Notification Procedure should be addressed as described above.

Please note, until receiving notification from Artists and Complainants that their disputes have been resolved, it is unlikely that The stlhiphop Network knowingly will permit any Artist, including the Complainant, to post such allegedly infringing the Content and/or the Name on the Website. Of course, The stlhiphop Network will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute.

Forward-Looking Statements: The Website may contain projections or other forward-looking statements regarding future business events or activities. The stlhiphop Network cautions you that any such statements reflect only predictions and that actual developments, results and events might differ materially. Nothing contained on the Website constitutes a solicitation by The stlhiphop Network of the purchase or sale of securities.

Modification of Terms and Conditions: The stlhiphop Network may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, The stlhiphop Network will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. The stlhiphop Network is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

Your Conduct: You may not visit or use The stlhiphop Network for any cause that could give rise to civil liability for The stlhiphop Network or otherwise violate any law. You may not view the source code for any file on our server. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The stlhiphop Network's express prior approval, contains advertising or any solicitation with respect to products or services. For violation of any or all of the above rules and policies or for any reason whatsoever, The stlhiphop Network may send the user a legal notice barring the user from accessing The stlhiphop Network indefinitely and You agree to compensate The stlhiphop Network for any damages arising from your violation of any of all the above rules or Terms of Use.

International Use: The stlhiphop Network makes no representation that Materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The stlhiphop Network MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, The stlhiphop Network MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. The stlhiphop Network WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL The stlhiphop Network BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability: By availing yourself of or visiting the Website, Materials or related services, you agree to release and hold The stlhiphop Network and the employees, officers, directors, shareholders, agents, representatives of The stlhiphop Network, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with The stlhiphop Network, any third-party providers or sources of information or data and legal advisers (collectively, "The stlhiphop Network Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of The stlhiphop Network that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold The stlhiphop Network Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing or visiting the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL The stlhiphop Network BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF The stlhiphop Network WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Missouri as such laws are applied to agreements entered into and to be performed entirely within Missouri between Missouri residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of St. Louis, Missouri, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The stlhiphop Network's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.