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Last Revised 7/1/23
Welcome to our Music NFT Minting Website (the "Website").
Please read these terms and conditions (the "Terms") carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
INTRODUCTION These Terms of Use apply to your use of the Rapmints.xyz Marketplace, operated by The Hip Hop Crypto Club L.L.C., its affiliates, and subsidiaries (collectively referred to as "RapMints.xyz", "we", "us", or "our"). By accessing our website and any of its pages (the "Site"), you ("User") acknowledge and agree to be bound by these Terms of Use. Your use of the Site signifies that you have read, understood, and accepted these Terms of Use. In addition to these Terms of Use, you may enter into other agreements that govern your use of the Marketplace. Should any conflict arise between these Terms of Use and any other agreement, the latter will take precedence with respect to the specific aspects of the Marketplace to which it applies.
CHANGES TO THESE TERMS OF USE We reserve the right to revise these Terms of Use at any time without prior notice to you. The most current version of the Terms of Use will be posted on the Site and will indicate at the top of the page the date they were last revised. By continuing to use the Marketplace or the Site after we have made any such changes, you agree to be bound by the revised Terms of Use.
ELIGIBILITY The Site is exclusively intended for use by individuals who are 18 years of age or older. Use of the Site by anyone under the age of 18 is strictly prohibited and violates these Terms of Use. By using the Marketplace or the Site, you affirm that you are 18 years of age or older and agree to comply with these Terms of Use. If you violate any of these Terms of Use or any other agreement between you and us, we reserve the right to terminate your account, delete your profile and any content or information you have posted on the Site, and restrict your access to the Marketplace or the Site.
REGISTRATION DATA; ACCOUNT SECURITY As a precondition to accessing and using the Site, you must provide accurate, current, and complete information about yourself as requested on any registration forms on the Site (“Registration Data”). You are also responsible for safeguarding your password and identification and for promptly updating your Registration Data and any other information you provide to the Company, to ensure that it remains accurate, current, and complete. You further acknowledge and agree that you are solely responsible for all activities that occur through your account and for any actions taken on the Site.
MARKETPLACE TERMS Welcome to our Marketplace. This platform is designed for your personal use only. Please be advised that while we strive to provide accurate information, we cannot guarantee the completeness or accuracy of any information presented on the Site. We do not offer investment recommendations or provide legal, tax, or financial advice.
Please note that no communication from us should be considered a recommendation of any investment opportunity. Additionally, there can be no assurance that any investment valuation is accurate or that any investment opportunity is suitable for any particular investor.
By using the Site, you acknowledge and agree that you alone have the sole responsibility to examine all information concerning the investment opportunities on the Rapmints.xyz Marketplace. Any decision you make based upon such information is your sole responsibility. You also acknowledge that our Company is a third-party intermediary, and all Marketplace listings and the information presented therein are the seller's sole responsibility.
You further agree to conduct an independent evaluation of the investment opportunities, and we have made no statements or representations concerning the present or future value of the opportunities. Our services do not create any duty, fiduciary or otherwise, to you through your use of the Site and our Marketplace.
In making a bid in an auction, you agree to enter a legally binding contract with the seller to purchase the asset for the amount of your bid if you are the highest bidder and the reserve price is met. If you are the highest bidder, you must purchase the asset in accordance with these Terms of Use and any information presented in the auction listing. You acknowledge that you have read, understand, and agree to the terms of the applicable standard Marketplace agreements linked below, assume full risk and responsibility, and pay the purchase price in full within two business days following the close of the auction.
In offering to purchase a specific asset for sale or by submitting a standing order, you agree you are submitting a legally binding offer. In the case of a specific asset for sale, you are offering to the seller of the asset. In the case of a standing order, you are offering to any seller whose royalty stream matches the parameters of your offer.
If your offer is accepted, you must purchase the asset in accordance with these Terms of Use and any information presented in the Marketplace. You acknowledge that you have read, understand, and agree to the terms of the applicable standard Marketplace agreements linked below, assume full risk and responsibility, and pay the purchase price in full within two business days following an accepted offer.
If you fail to comply with the foregoing conditions, we reserve the right to take legal action, including but not limited to holding you liable for the purchase price, cancelling the sale, or reselling the asset, either publicly or privately. In such an event, you may be liable for the payment of any deficiency, all costs and expenses associated with the sale, our commission at our standard rates, all other charges due hereunder, attorney fees, and incidental damages.
Please note that failure to honor your binding bid may result in the termination of your account and removal of your ability to participate in the Marketplace.
If you fail to promptly pay all fees, commissions, bid price, and other sums due to us as provided in these Terms of Use, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment of the total amount due is received. We also reserve the right to pursue any other remedies available to us by law.
Please acknowledge that any royalties purchased on our Site but not paid by Rapmints.xyz are due from the underlying royalty distributor, and you agree that Rapmints.xyz is not liable for underpayment or nonpayment of royalties. In the event that the seller or its distributor defaults for any reason, your sole remedy is against the seller or its distributor only.
DISCLAIMER OF WARRANTIES We cannot guarantee, represent, or warrant that your use of the Marketplace will be uninterrupted, timely, secure, or error-free. We reserve the right to resolve any errors in the Marketplace at our sole discretion. We do not guarantee that the results obtained from the use of the Marketplace will be accurate or reliable. You agree that we may, from time to time, remove the Marketplace for indefinite periods of time or cancel the Marketplace at any time without notice to you.
You agree that your use of, or inability to use, the Marketplace is at your own risk. The Marketplace and all products and services provided to you through the Marketplace are provided "as is" and "as available," except as expressly stated by us. We do not make any representations, warranties, or conditions of any kind, either express or implied, including but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECURITIES MATTERS These Terms of Use do not waive any rights that would be impermissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE All Site Content, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound, and other files, and their selection and arrangement, are the proprietary property of the Company or its licensors with all rights reserved. You may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell any Site Content, in whole or in part, without our prior written permission, except as provided below and except for your own User Content (as defined below) that you legally post on the Site.If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. You may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. These Terms of Use do not confer any license to intellectual property rights, whether by estoppel, implication, or otherwise, except as explicitly stated herein. We may revoke this license at any time, with or without cause, without notice.
RESTRICTIONS ON DATA COLLECTION/TERMINATION
Under no circumstances shall you:
- use any form of automation to access Rapmints.xyz or gather information from it (including, but not limited to, robots, spiders, scripts, or other automatic devices or programs);enclose any content or proprietary information from the Site utilizing framing techniques, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
- engage in screen scraping, database scraping, or any other activity with the intention of obtaining content or other information;
- use this Site in any manner that contravenes applicable laws, or that may cause harm, disablement, overburden, or impairment of this Site, or interfere with another party's use and enjoyment of this Site.
We hold the right to terminate or disable your access to or use of Rapmints.xyz and the Marketplace at any time and for any reason, particularly if we believe that you have violated or acted in opposition to any portion of these Terms of Use.
SECURITIES MATTERS These Terms of Use do not waive any rights that would be impermissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
TRADEMARKS The graphics, logos, designs, page headers, button icons, scripts, and service names of Rapmints.xyz are trademarks or trade dress of the Company in the U.S. and other countries. Any use of the Company's trademarks and trade dress, including as part of trademarks and domain names, in connection with any product or service that could cause confusion is strictly prohibited. The prior written consent of the Company must be obtained before copying, imitating, or using any of the Company's trademarks or trade dress, in whole or in part.
USER OBLIGATIONS AND REPRESENTATIONS
It is mandatory that all materials submitted through your account or otherwise posted or shared by you through Rapmints.xyz will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You are also required not to harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. In addition, you must not use automated scripts to collect information from Rapmints.xyz or for any other purpose. Furthermore, you agree that you will not use Rapmints.xyz in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. You are strictly prohibited from:
- Uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Registering for more than one User account, registering for a User account on behalf of an individual other than yourself, or registering for a User account on behalf of any group or entity;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
- Uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Soliciting personal information from anyone under 18 or soliciting passwords or personally identifying information for commercial or unlawful purposes;
- Uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidating or harassing another user;
- Uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Using or attempting to use another’s account, service or system without authorization from Rapmints.xyz, or creating a false identity on the Site;
- Uploading, posting, transmitting, sharing, storing or otherwise making available content that, in the sole judgment of Rapmints.xyz, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Rapmints.xyz or its Users to any harm or liability of any type.
TERMINATION OF SERVICE Rapmints.xyz reserves the right to terminate or suspend your access to, or use of, the Site and the Marketplace at any time and without notice, for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use or for any other reason deemed necessary by Rapmints.xyz.
USER CONTENT Any information or content that you upload, publish, provide, or display on the Marketplace or the Site, or share with other users (collectively referred to as "User Content") is your sole responsibility. Attempting to contact users directly or engage in transactions outside of the Marketplace is a violation of the Terms of Use. The Company may, but is not obligated to, review and delete or remove any User Content in its sole discretion, including content that violates the Terms of Use, is offensive or illegal, or threatens the safety of Users or others.
By posting User Content on the Site, you automatically grant the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, prepare derivative works of, or incorporate into other works, such User Content for any purpose on or in connection with the Site or the promotion thereof. You represent and warrant that you have the right to grant such a license. You may remove your User Content from the Site at any time, but the license granted above will not expire.
THIRD-PARTY ACCOUNTS By submitting information, data, passwords, usernames, PINs, other log-in information, materials, and other content through the Marketplace, you license that content to us for the purpose of providing the services associated with such content. We may use and store the content in accordance with these Terms of Use and our Privacy Policy. You represent that you are entitled to submit the content to us for use for this purpose without any obligation by us to pay any fees or be subject to any restrictions or limitations. By submitting the content, you expressly authorize us to access your accounts maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.
When you use the "connect accounts" feature of the Marketplace, you will be directed to the website of the third party you have identified. We will submit the information, including usernames and passwords, that you provide to log into the Site. You authorize us to use and store the information submitted by you to accomplish the foregoing and to configure the Marketplace so that it is compatible with the third-party sites for which you submit your information. The Marketplace is not sponsored or endorsed by any third parties accessible through the Marketplace.
COPYRIGHT INFRINGEMENT REPORTING
If you have reason to believe that any material posted on the Site infringes your copyright, you can submit a written notification of such infringement to Hip Hop Crypto Club, LLC c.o. Rapmints.xyz. at the following address:
Attention: Copyright Agent - Hip Hop Crypto Club, LLC c.o. Rapmints.xyz
4671 Fox River Run, Columbus, OH 43231
Or via email at:
rapmnitsinfo@gmail.com
To comply with the notice requirements under the Digital Millennium Copyright Act, your notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECURITIES MATTERS These Terms of Use do not waive any rights that would be impermissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
TRADEMARKS The graphics, logos, designs, page headers, button icons, scripts, and service names of Rapmints.xyz are trademarks or trade dress of the Company in the U.S. and other countries. Any use of the Company's trademarks and trade dress, including as part of trademarks and domain names, in connection with any product or service that could cause confusion is strictly prohibited. The prior written consent of the Company must be obtained before copying, imitating, or using any of the Company's trademarks or trade dress, in whole or in part.
USER OBLIGATIONS AND REPRESENTATIONS
It is mandatory that all materials submitted through your account or otherwise posted or shared by you through Rapmints.xyz will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You are also required not to harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. In addition, you must not use automated scripts to collect information from Rapmints.xyz or for any other purpose. Furthermore, you agree that you will not use Rapmints.xyz in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. You are strictly prohibited from:
- Uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Registering for more than one User account, registering for a User account on behalf of an individual other than yourself, or registering for a User account on behalf of any group or entity;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
- Uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Soliciting personal information from anyone under 18 or soliciting passwords or personally identifying information for commercial or unlawful purposes;
- Uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidating or harassing another user;
- Uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Using or attempting to use another’s account, service or system without authorization from Rapmints.xyz, or creating a false identity on the Site;
- Uploading, posting, transmitting, sharing, storing or otherwise making available content that, in the sole judgment of Rapmints.xyz, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Rapmints.xyz or its Users to any harm or liability of any type.
