By visiting the RapsWith.me, using any content, products or services provided to you on, from, or through the Black Print Entertainment Inc website (collectively the “Services”) you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement.
If you don’t completely agree with the terms of the agreement, but still use the service, you will still be bound to the terms of the agreement.
Black Print Entertainment may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website indicates your acceptance of the Agreement and you agree to be bound by such modification. If you are dissatisfied with anything related to the RapsWith.me your sole remedy is to discontinue use of the Services. You use the Services of Black Print Entertainment at your own risk.
The Agreement applies to all users of the Services, including users who contribute content. “content” includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may contribute to the Services. The Services includes all aspects of Black Print Entertainment including but not limited to, all products, software and services offered via the Black Print Entertainment website.
Black Print Entertainment may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.
Black Print Entertainment may contain links to third party websites. By use of the Services, you expressly relieve Black Print Entertainment from any and all liability arising from your use of any third-party website.
By signing up for an Black Print Entertainment account you opt-in to receiving emails from Black Print Entertainment. At times Black Print Entertainment will send account holders emails notifying them of system upgrades, issues and other messages. You will have the option to opt-out of these emails by clicking the unsubscribe link included in any of our email messages.
Acceptable Use of the Service – User Responsibility
You agree while using Black Print Entertainment’s Services, that you MAY NOT:
Distribute an illegal or unauthorized copy of another person’s trademarked or copyrighted work;
Alter or modify any part of the Services;
Use the Services for any illegal purpose;
Use any spider, readers, site search application, or other device to retrieve or index any portion of the Services, with the exception of major public search engines;
Transmit any viruses, worms, spam or malware or other items of a destructive nature;
Upload any content that includes code hidden or otherwise contained within the content which is unrelated to the content;
Reformat or frame any portion of any web page that is part of the Services;
Collect or harvest any personal identifiable information or account names or solicit users;
Impersonate another person or artist.
Violate or attempt to violate Black Print Entertainment systems or interfere with the normal use of the Services by users;
Post advertisements, promotions or solicitations;
Submit any content that falsely implies sponsorship of the content by the Services, falsify or delete any author attribution in any content, or promote any information that you know is false or misleading;
Post any links to any external Internet sites that are obscene or sexually explicit material of any kind.
To access or benefit from some of the Services or features on Black Print Entertainment we will have to create a Raps With Me account. You are responsible for allowing us the use of your information and are responsible for all activities that occur utilizing your information. Although Black Print Entertainment will not be liable for any losses you might suffer, you may be liable for the losses of Black Print Entertainment or others.
Once RapsWith.me Account is made Artist agrees to participate if requested, from time to time, in certain photographs, video recordings, audio recordings, and/or other means of recording images and/or sound as arranged by the Company (the “Recordings”). The Artist agrees that the Company (or its designee) has permission to record his/her voice, sounds, conversation, image, and likeness in the Recordings.
The Artist hereby grants to the Company, its affiliates, agents, successors, licensees, and assigns (collectively with Company, the “Company Affiliates”) a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his/her likeness and/or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or hereafter created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Company Affiliates. The Company Affiliates shall have all right, title, and interest to any other right, title, or interest the Artist may possess in the Recordings including, but not limited to, the Artist’s likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “Likeness”). The Recordings are specially ordered and commissioned by the Company, and are works-made-for-hire from the moment of creation, and are and shall be the sole and exclusive property of the Company. The Company shall be the sole and exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or hereafter devised. Without reservation or limitation, the Artist hereby sells, assigns, transfers, and conveys the Recordings to the Company, exclusively, irrevocably, and perpetually, together with all right, title, and interest in and to the Recordings throughout the world including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Artist agrees that the Company Affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Artist agrees it will have no right to approve any use of the Likeness in the Recordings or otherwise. The Artist agrees that no third party has or shall have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness.
The Artist hereby releases the Company Affiliates from any and all claims and demands that the Artist may have now or at any time arising from this Release or the use of the Likeness or Recordings, including but not limited to, claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.
No Obligation To Use
The Company shall have no obligation to use the Recordings or the Likeness. The Company’s sole obligation to the Artist is to pay the Payment set forth above to the Artist, which the Artist confirms has been paid by the Company and received by the Artist.
ARTIST’S REPRESENTATIONS AND WARRANTIES.
The Artist hereby represents and warrants that:
(a) s/he is, at the execution of this Release, at least eighteen (18) years old and not a minor;
(b) s/he has the full right and legal capacity to enter into this Release and to grant the rights granted or agreed to be granted hereunder;
(c) there is no outstanding contract, commitment, agreement, or legal impediment of any kind that conflicts with this Release or that might limit, restrict, or impair the rights granted to the Company Affiliates hereunder;
(d) the identifying information of the Artist set forth above is true and correct;
(e) s/he has entered into this Release freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Release; and
(f) s/he has read and understands this Release.
Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective Parties as follows:
If to the Company:
Attn: Otis White
8443 Rita Blanca St
Converse, Texas 78109
User Content and Conduct
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content. You will comply with laws regarding transmission of data.
Content is provided to you as is. You understand that when using the Services, you will be exposed to content from a many different sources, and that Black Print Entertainment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Black Print Entertainment with respect to the extent permitted by USA law, agree to indemnify and hold harmless Black Print Entertainment its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. You acknowledge your use of content is at your sole risk.
You shall be solely responsible for your own content and the consequences of storing and distributing your content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute content through the Services; and you license to Black Print Entertainment all patent, trademark, copyright or other proprietary rights for distribution on the Services pursuant to the Agreement.
For clarity, you retain all of your ownership rights in your content. However, by distributing content through RapsWith.me, you grant Black Print Entertainment a non-exclusive, royalty-free, and licensable to use, reproduce, distribute, prepare derivative works of, display, perform the content in connection with the Services and Black Print Entertainment’s its successors and affiliates of business.
You can control your data through your account and/or cookies which may be placed on your computer. Black Print Entertainment, maintains multiple copies of active files. Black Print Entertainment bears no responsibility for maintaining your data.
RapsWith.me is not a data warehousing website. The intended use is for active file sharing which may inadvertently result in backups of files being shared.
Any views expressed on the website do not reflect the views of Black Print Entertainment.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Black Print Entertainment, ITS OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER Black Print Entertainment NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT.
NEITHER Black Print Entertainment NOR ANY THIRD PARTY WARRANT OR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OF THE CONTENT. Black Print Entertainment IS NOT RESPONSIBLE UNAUTHORIZED OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
Black Print Entertainment DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR ADVERTISING, AND Black Print Entertainment WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NEITHER Black Print Entertainment, NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Black Print Entertainment’s AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN Black Print Entertainment AND YOU. IN STATES OR COUNTRIES NOT ALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, Black Print Entertainment AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
You agree to indemnify, defend and hold Black Print Entertainment and its affiliates and their respective officers, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney’s fees, incurred by any Black Print Entertainment Party in connection with any content or use of the Services, whether via your password and by any other person, whether or not authorized by you. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
General Terms and Conditions
The Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and Black Print Entertainment each irrevocably consent to the personal jurisdiction of the federal or state courts located in Bexar County, Texas (“Courts”) with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
Please e-mail reports of any violations to email@example.com