Terms of Service ("Terms")

 

Our Terms of Service were last updated on January 1, 2022.

 

Please read these terms and conditions carefully before using any Xtreme Hip Hop with Phil service.

 

Interpretation and Definitions Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

 

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • “Account” means a unique account created for You to access any Xtreme Hip Hop with Phil service or parts of any Xtreme Hip Hop with Phil service.

  • “Company” (referred to as either "Xtreme Hip Hop with Phil", "We", "Us" or "Our" in this Agreement) refers to Xtreme Hip Hop with Phil.

  • “Country” refers to any country first and foremost the United States.

  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • “Device” means any device that can access any Xtreme Hip Hop with Phil service such as a computer, a cell phone or a digital tablet.

  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of any Xtreme Hip Hop with Phil service.

  • “Service” refers to the Website.

  • “Terms of Service” (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and Xtreme Hip Hop with Phil regarding the use of any Xtreme Hip Hop with Phil service.

  • “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by any Xtreme Hip Hop with Phil service.

  • “Website” refers to [Xtreme Hip Hop with Phil], accessible from [www.xtremehiphopwithphil.com]

  • “You” means the individual accessing or using any Xtreme Hip Hop with Phil service, or other legal entity on behalf of which such individual is accessing or using any Xtreme Hip Hop with Phil service, as applicable.

 

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and Xtreme Hip Hop with Phil. These Terms of Service set out the rights and obligations of all users regarding the use of any Xtreme Hip Hop with Phil service.

 

Your access to and use of any Xtreme Hip Hop with Phil service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use any Xtreme Hip Hop with Phil service.

 

By accessing or using any Xtreme Hip Hop with Phil service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access any Xtreme Hip Hop with Phil service.

 

You represent that you are over the age of 18. Xtreme Hip Hop with Phil does not permit those under 18 to use any Xtreme Hip Hop with Phil service.

 

Your access to and use of any Xtreme Hip Hop with Phil service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Xtreme Hip Hop with Phil. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using any Xtreme Hip Hop with Phil service.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on any Xtreme Hip Hop with Phil service.

 

You are responsible for safeguarding the password that You use to access any Xtreme Hip Hop with Phil service and for any activities or actions under Your password, whether Your password is with any Xtreme Hip Hop with Phil service or a Third-Party Social Media Service.

 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content - Your Right to Post Content

Xtreme Hip Hop with Phil service allows You to post Content. You are responsible for the Content that You post about any Xtreme Hip Hop with Phil service, including its legality, reliability, and appropriateness.

 

By posting Content about any Xtreme Hip Hop with Phil service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through any Xtreme Hip Hop with Phil service. You retain any and all of Your rights to any Content You submit, post or display on or through any Xtreme Hip Hop with Phil service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of any Xtreme Hip Hop with Phil service, who may also use Your Content subject to these Terms.

 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through any Xtreme Hip Hop with Phil service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

Xtreme Hip Hop with Phil is not responsible for the content of any Xtreme Hip Hop with Phil service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

 

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine – or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including Xtreme Hip Hop with Phil and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

 

Xtreme Hip Hop with Phil reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, or refuse or remove this Content. Xtreme Hip Hop with Phil further reserves the right to make formatting and edits and change the manner of any Content. Xtreme Hip Hop with Phil can also limit or revoke the use of any Xtreme Hip Hop with Phil service if You post such objectionable Content. As Xtreme Hip Hop with Phil cannot control all content posted by users and/or third parties on any Xtreme Hip Hop with Phil service, you agree to use any Xtreme Hip Hop with Phil service at your own risk. You understand that by using any Xtreme Hip Hop with Phil service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Xtreme Hip Hop with Phil be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Content Backups

Although regular backups of Content are performed, Xtreme Hip Hop with Phil does not guarantee there will be no loss or corruption of data.

 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

 

Xtreme Hip Hop with Phil will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Xtreme Hip Hop with Phil has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

 

You agree to maintain a complete and accurate copy of any Content in a location independent of any Xtreme Hip Hop with Phil service.

Copyright Policy

(Intellectual Property Infringement)

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on any Xtreme Hip Hop with Phil service infringes a copyright or other intellectual property infringement of any person.

 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through any Xtreme Hip Hop with Phil service, You must submit Your notice in writing to the attention of our copyright agent via email info@xtremehiphopwithphil.com and include in Your notice a detailed description of the alleged infringement.

 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on any Xtreme Hip Hop with Phil service where the material that You claim is infringing is located.

  • 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 owner or authorized to act on the copyright owner's behalf.

 

You can contact our copyright agent via an inquiry at email info@xtremehiphopwithphil.com. Upon receipt of a notification, Xtreme Hip Hop with Phil will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from any Xtreme Hip Hop with Phil service.

Intellectual Property

Xtreme Hip Hop with Phil service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of Xtreme Hip Hop with Phil and its licensors.

 

Xtreme Hip Hop with Phil services is protected by copyright, trademark, and other laws of both the United States and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Xtreme Hip Hop with Phil.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide Xtreme Hip Hop with Phil. If for any reason such assignment is ineffective, You agree to grant Xtreme Hip Hop with Phil a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Xtreme Hip Hop with Phil service may contain links to third-party websites or services that are not owned or controlled by Xtreme Hip Hop with Phil.

 

Xtreme Hip Hop with Phil has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Xtreme Hip Hop with Phil 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 reliance on any such content, goods, or services available on or through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

 

Upon termination, Your right to use any Xtreme Hip Hop with Phil service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using any Xtreme Hip Hop with Phil service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Xtreme Hip Hop with Phil and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through any Xtreme Hip Hop with Phil service or 100 USD if You haven't purchased anything through any Xtreme Hip Hop with Phil service.

 

To the maximum extent permitted by applicable law, in no event shall Xtreme Hip Hop with Phil or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use any Xtreme Hip Hop with Phil service, third-party software and/or third-party hardware used with any Xtreme Hip Hop with Phil service, or otherwise in connection with any provision of this Terms), even if Xtreme Hip Hop with Phil or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

Any Xtreme Hip Hop with Phil service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Xtreme Hip Hop with Phil, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to any Xtreme Hip Hop with Phil service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Xtreme Hip Hop with Phil provides no warranty or undertaking and makes no representation of any kind that any Xtreme Hip Hop with Phil service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither Xtreme Hip Hop with Phil nor any of Xtreme Hip Hop with Phil's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of any Xtreme Hip Hop with Phil service, or the information, content, and materials or products included thereon; (ii) that any Xtreme Hip Hop with Phil service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through any Xtreme Hip Hop with Phil service; or (iv) that any Xtreme Hip Hop with Phil service, its servers, the content, or e-mails sent from or on behalf of Xtreme Hip Hop with Phil is free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and Your use of any Xtreme Hip Hop with Phil service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about any Xtreme Hip Hop with Phil service, You agree to first try to resolve the dispute informally by contacting Xtreme Hip Hop with Phil.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the United States in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" United States, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Changes to These Terms of Service

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use any Xtreme Hip Hop with Phil service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and any Xtreme Hip Hop with Phil service.

Contact Us

If you have any questions about these Terms of Service, You can contact us: