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This agreement governs your use of HipHopDownload.ca ("web site").
This Web site is owned and operated by Playlist Deals Inc (“PlayList Deals”). Access and use of this Web site is provided by PlayList Deals to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.
PlayList Deals may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.
Use of the Site
This Web site and its contents (the "Content") are intended for customers of PlayList Deals. You may not use this Web site or the Content for any purpose not related to your business with PlayList Deals. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with PlayList Deals; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PlayList Deals product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose.
You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
Intellectual Property
All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of PlayList Deals and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with PlayList Deals, any other use of these Materials without PlayList Deals written permission is prohibited.
The Materials may only be used and copied for your own, non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
© 2012 Playlist Deals Inc. All rights reserved.
Privacy
PlayList Deals is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.
Currency of Web site
playlist Deals updates the information on this Web site regularly. However, Playlist Deals cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Playlist Deals may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Web sites
This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Playlist Deals monitors or endorses these Web sites. Playlist Deals does not accept any responsibility for such Web sites. Playlist Deals shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.
Playlist Deals shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Playlist Deals recommends that you install appropriate anti-virus or other protective software.
Web Site and Materials Provided "As Is"
THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PLAYLIST DEALS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
PLAYLIST DEALS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL PLAYLIST DEALS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Playlist Deals harmless against all claims or liability asserted against Playlist Deals arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Notice and Procedure for Making Claims of Infringement
Playlist Deals Inc respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Playlist Deals with a written communication addressed to our President including substantially the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Web site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please address your letter to our CEO, as follows:
Playlist Deals Inc
118 - 10557 150th Street
Surrey, BC
Canada V3R 4B6
Attention: CEO
Email
This Web site is controlled, operated and administered by Playlist Deals from within the Province of British Columbia, Canada. This Web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily.
General
Playlist Deal's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Download Credits
Download credits can be purchased from the Buy Credit Page. Credits can be purchased online with VISA, MasterCard, AMEX or PayPal.
The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of payment information the purchaser warrants that he/she is the cardholder/account holder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Playlist Deals to charge the designated credit card, or PayPal account, for the total amount of the purchase.
Age and Responsibility
You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Playlist Deals, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Playlist Deals immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Playlist Deals.
Rules of Conduct
You agree that you will not use the Site for any purpose that is unlawful or not permitted by these Terms of Use. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Playlist Deals business.
You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Playlist Deals and no communication of a third party or Content may be considered reviewed, screened or approved by Playlist Deals. As explained below, Playlist Deals reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Playlist Deals member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Confidential Information
You acknowledge that the Confidential Information (defined below) which you obtain through the use of the Site constitutes valuable, confidential, proprietary information of Playlist Deals and its licensors, and you agree that, without the express written consent of Playlist Deals, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms of Use or as required by applicable law.
For the purposes of these Terms of Use, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Playlist Deals, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.
Term and Termination
You may terminate our membership at any time by emailing help@hiphopdownloads.ca or by such other means of written notice acceptable to Playlist deals which enables confirmation of your identity and your intention to terminate. Playlist Deals reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the member portions of the Site at any time for any reason without prior notice or liability. Playlist Deals may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Playlist Deals may also terminate or suspend your access to the member portions of the Site for inactivity, which is defined as failing to access the member portions of the Site for an extended period of time, as reasonably determined by Playlist Deals.
Termination of your Membership to the site does not relieve you of your responsibilities to pay any amounts due to Playlist Deals under these Terms of Use or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under these Terms of Use or any other agreement entered into at the time such Content was downloaded. Termination of your Membership shall operate without prejudice to the Playlist Deals rights, defenses and limitations of liability provided under these Terms of use, which rights, defenses and limitations of liability shall survive termination of these Terms of use.
Upon termination of your access to the members portion of the Site, you agree to forfeit all download credits remaining in your account.
Contact
If you have concerns relating to this web site or these Terms of Use, please contact Playlist Deals at help@playlistdeals.com |
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