Your use of and access to this website, application, and associated data (collectively, “RAPPERSE.COM” as more fully defined in Section 2.1 below) is subject to these terms and conditions (“Terms”). You hereby accept these Terms by using or accessing the Website. Unless otherwise indicated, the Terms below apply to all Users of the Website, regardless of whether or not you have registered for a Paid Subscription (as defined below).
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF THE WEBSITE
2.2 Subject to these Terms, the Website hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Website Property as intended and permitted by the Website solely for your personal, non-commercial use. You agree not to access or use the Website Property through any interface other than the one provided by the Website for such access and use. No other use is permitted without the prior written permission of the Website. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.
2.3 The Website also offers a service requiring payment (“Paid Subscription”). The Paid Subscription provides you with the same access to the the Website Property as users of our free service, but with limited third party advertising; for Users registered with a Paid Subscription only third party advertising on a few select pages may appear within the Website Property (“Limited Third Party Advertising”). The Limited Third Party Advertising is the only benefit conferred to a User who registers for a Paid Subscription; Users of the Paid Subscription shall use the the Website Property solely as set forth herein and for no other purpose. Users that are not registered for a Paid Subscription will not receive the benefit of Limited Third Party Advertising. You are solely responsible for ensuring that you have the appropriate software, hardware, and Internet connection necessary to operate the Paid Subscription. You may also be required to download additional third party software or download upgraded versions of the Paid Subscription. The Website reserves the right to cease supporting any hardware or software platform at any time, with or without notice to you. Users of the Paid Subscription remain bound by all components of these Terms.
2.4 As between you and the Website, the Website and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the Website Property including, without limitation, any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the Website Property (other than rights to use the Website Property as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest the Website ownership.
3. YOUR OBLIGATIONS AND CONDUCT; Payment, Fees, and Other Charges.
3.2 You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the Website Property. You agree not to upload, post or otherwise transmit via the Website Property information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to the Website or other users of the Website Property; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) 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. The Website reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.
3.3 You agree that you will not use the Website Property to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be the Website or someone else, or spoof the Website or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the Website Property or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website Property; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to the Website any personal data about other users unless specifically authorized in writing by such users and the Website.
3.4 In addition to the other terms and conditions herein, the following shall apply to you if any lyrics are provided to you or otherwise displayed or used on the Website Property: Usage of lyrics is limited to your personal, non-commercial use in accordance with the terms of this Agreement. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics so provided. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a lyric provided to you. You agree not to assign, transfer or transmit any lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics from any unauthorized usage.
3.5 If you elect to register for the Paid Subscription, you agree to pay all associated fees and charges on a timely basis. Unless otherwise stated, an annual fee is due and payable in advance, is non-refundable. To register for a Paid Subscription, you must be: (1) a resident of a country in which the Website is authorized to operate the Paid Subscription; (2) legally capable of entering into a binding contract; and (3) at least 18 years of age (or if between 13 and 18 years of age, you must have the consent of a parent or legal guardian). All fees and charges will be charged to the payment method you provided when you registered for the Paid Subscription (“Chosen Payment Method”). You agree to maintain a valid Chosen Payment Method during your use of the Paid Subscription. The Website reserves the right to change the annual fee at any time, with or without notice to you.
3.6 You will immediately gain access to the Paid Subscription on the day that you register for and purchase the Paid Subscription (“Activation Date”). Your Paid Subscription is effective for one (1) year (the “Subscription Term”) and will terminate automatically at such time.
4. YOUR CONTENT
5. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
7. NOTICES; MODIFICATION AND TERMINATION OF RAPPERSE.COM Property
8. ADVERTISEMENTS AND PROMOTIONS
9. INTELLECTUAL PROPERTY RIGHTS
9.2 “RAPPERSE.COM Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations the Website uses in connection with its products and services. You agree to comply with the Website’ trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any RAPPERSE.COM Trademarks, or co-brand your own products or material with RAPPERSE.COM Trademarks, without RAPPERSE.COM’s prior written consent. You acknowledge the Website’s rights in RAPPERSE.COM Trademarks and agree that any use of RAPPERSE.COM Trademarks by you shall inure to the Website’s sole benefit. You agree not to incorporate any RAPPERSE.COM Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
9.3 the Website is committed to respecting others’ intellectual property rights, 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 on the Website Property, please contact us in accordance with our Copyright Policy which is available here and incorporated into these Terms.
9.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any RAPPERSE.COM Property or any other product, content, technology, intellectual property or service of the Website or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use the Website Property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of the Website or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from the Website or its affiliates, licensors or partners.
10. DISCLAIMER OF WARRANTIES
10.2 RAPPERSE.COM MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE PROPERTY WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE Property WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY WEBSITE Property OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE Property WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE WEBSITE Property WILL BE CORRECTED.
10.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE PROPERTY (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO WEBSITE Property), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
11. LIMITATION OF LIABILITY
11.2 TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.
13. GENERAL TERMS
13.2 You agree that any material breach of Sections 3, 4, 5, 6, 9 and 10 of the Terms will result in irreparable harm to the Website for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Website will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if the Website seeks such an injunction.
13.3 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
13.4 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
13.5 In the event of a conflict between these Terms and any other agreements between you and the Website, RAPPERSE.COM shall determine in its discretion which terms shall govern.
13.6 This English language version of these Terms governs your relationship with the Website and any translations of the Terms into another language shall not be binding on the Website.
This document was last updated November 21st, 2020.