These Terms of Service are effective as of, and were last updated on, 23-09-2022.
Welcome to our website located at https://THHM.org/. The Site is provided by The Hip Hop Museum (“THHM”, “we,” “us” or “our”). It allows each user or visitor (“user”, “you” or “your”) to visit the Site and participate in interactive features that we may make available from time to time (“Service”). We prepared this THHM Terms of Service (this “Agreement”) to help explain the terms that apply to your use of the Site.
- Legal Terms; Consent.
- [Important Notice.
- Updates to this Agreement.
- Affirmative Representations Regarding Your Use of the Site or Service.
- The information you submit is truthful and accurate;
- Your use of the Site and of services available on the Site do not violate any applicable law or regulation;
- You are 16 years of age or older
- You will comply with the rules for online conduct and making Contributions (as defined in the Section “User Intellectual Property Rights” below) to the Site, as discussed in Section “User Intellectual Property Rights” below; and
- You will use the Site in compliance with applicable law.
- Member Accounts and Registration.
- Online Stores.
You should be aware that ticket purchases might include working in a virtual space through the use of Meta’s Oculus VR headset.
For purchases at the Shopify Store, you may only check out as a guest, so you are unable to save your information and choose a password for future purchases. THHM and its billing, service, and fulfillment partners may provide you with products and/or services and you agree to pay all charges incurred for such products and/or services, including without limitation any applicable taxes and shipping, handling and processing charges and, further including, any customs fees, taxes, duties, tariffs or similar charges. You acknowledge and agree that your credit card will be charged with making a purchase for any such products and/or services, credit card orders shipped to a location other than your billing address may require additional verification. Some transactions may only take place in U.S. dollars.
You are permitted to purchase products and/or services only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products and/or services ordered from us. We make no promise that products and/or services described are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any such product and/service. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
The Site may use third parties to process payments. Our third-party payment processors may accept payments through various credit cards, including, but not limited to: Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
[From time to time in our sole discretion, we may offer “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site. Such offer codes may be subject to certain exclusions or other restrictions as determined and communicated by us. Only valid offer codes provided or promoted by Museum will be honored at checkout and any codes supplied or promoted by third-parties unauthorized by us will be invalid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Any offer codes may not be combined, and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.]
THHM offers visitors to the Site [and users of the THHM App] the opportunity to subscribe to one or more of our online newsletters, a service hosted by a third-party contractor that has agreed to use the email address you provide only to send our newsletters to you. If you opt in via the subscription form found in the [LOCATION OF NEWSLETTER SUBSCRIPTION FORM], you will receive THHM’s newsletter. [If you opt in via the subscription form in the [ALT LOCATION NEWSLETTER SUBSCRIPTION FORM], you will receive newsletters from the [ALT LOCATION FOR NEWSLETTER SUBSCRIPTION FORM.]You may subscribe or unsubscribe at any time by following the instructions on our newsletters.
- Prohibited Activities; Social Media Guidelines.
In connection with your use of the Site or Service, you shall not:
- Use the Site or Service for any unauthorized purpose, including but not limited to collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site or Service without our express written consent;
- Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or Service or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- Post jobs for modeling or talent or talent scouting positions on the Site or Service or Service;
- Post on the Site or Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site or any portion thereof; or
- Circumvent, disable or otherwise interfere with security related features of the Site or Service or Service or features that prevent or restrict use or copying of any Materials (as defined in Section “Intellectual Property Rights”) or enforce limitations on use of the Site or Service or the Materials on the Site or Service or Service.
If you access or use any of our social media pages (e.g., Facebook) or other areas of our Site or Service that allow users or Members to upload contributions, we ask you to follow the following guidelines when making contributions:
- Be polite and courteous;
- Stay on topic;
- Keep the conversation relevant to the community;
- Contribute to the dialogue;
- All postings should come from a real person.
- ADA Compliance
- Intellectual Property Rights.
For the purpose of this Agreement, “Content” means the text, software, document, information, data, articles, images, photographs, graphics, designs, logos, video recordings, audio recordings, sounds, and other materials. All Content on the Site or Service and the trademarks, service marks, and logos contained on the Site or Service, (collectively “Materials”) are owned by us, or licensed to us by our licensors. THHM and its licensors own all right, title and interest, including all related US and foreign copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights, in the Site, Service, and Materials, and these rights are protected by United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Site, Service and Materials. Copyrights and other proprietary rights in the Materials on this website may also subsist in individuals and entities other than, and in addition to, THHM. Except as expressly permitted by this Agreement, THHM expressly prohibits the copying of any protected Materials on this website.
The Site, Service and the Materials are for your information and personal use only and not for commercial exploitation.
If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.10.2 User Intellectual Property Rights.
Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, or any communication or material you post, transmit or distribute in any virtual or online THHM event or program, including any data or other content, questions, comments, suggestions, or the like (“Contribution”), is and will be treated as, non-confidential and non-proprietary. Anything you so transmit or post may be used by THHM or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, THHM is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or submit in any virtual or online THHM event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Subject to your compliance with the terms of this Agreement, THHM grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Site and Service only for your personal use and not for any commercial purpose.
You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Site or Service except as expressly permitted by this Agreement;
- Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Site or Service;
- Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of any part of the Site or Service;
- Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices applied to the Site or Service;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available access to any part of the Site or Service, to any third party for any reason;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting any part of the Site or Service; or
- If you violate this Agreement, this license to use the Site or Service will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Site or Service that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost due to your actions or omissions, and for any loss of income or opportunity caused by such violation.
- Our Management of the Site and Service; User Misconduct Updates to this Agreement.
We reserve the right but do not undertake the obligation to:
- Monitor or review the Site and use of the Service for violations of this Agreement and for compliance with our policies;
- Report to law enforcement authorities and/or take legal action against anyone who violates this Agreement;
- Refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you;
- Manage the Site and Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site or use of the Service;
- Screen our users and Members, or attempt to verify the statements of our users or Members; and/or
- Monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
- Your Interaction with Other Users.
- Term; Survival.
This Agreement shall remain in full force and effect while you use the Site or Service. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site or Service. Notwithstanding the foregoing, we may also, in our sole discretion, limit, suspend, or terminate the Site or Service or prohibit access to it.14.2 Survival.
Even after you cease using the Site or Service or following termination, the provisions of this Agreement set forth in Sections “License”, “Intellectual Property Rights”, “Warranty Disclaimer”, “Limitation of Liability”, and “Indemnity”, will remain in effect.
- Copyright Policy.
- Third Party Sites.
- Legal Disputes and Arbitration Agreement.
We are available by phone at [BUSINESS AFFAIRS PHONE NUMBER] (please request Business Affairs) or email at [BUSINESS AFFAIRS EMAIL ADDRESS] to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.17.2 Agreement to Binding Arbitration.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Subsection immediately above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be subject to the Federal Arbitration Act.The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.17.3 Class Action and Class Arbitration Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Subsection immediately above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.17.4 Exception – Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.17.5 30 Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Legal Disputes and Arbitration Agreement” by sending written notice of your decision to opt-out to the following address: [BUSINESS AFFAIRS EMAIL ADDRESS] or by fax to [BUSINESS AFFAIRS PHONE NUMBER]. The notice must be sent within thirty (30) days of accessing the Site or registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section “Legal Disputes and Arbitration Agreement”. If you opt-out of these arbitration provisions, we also will not be bound by them.]17.6 Venue and Choice of Law
This Agreement and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
- Warranty Disclaimer; Limitation on Liability.
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON THE SITE, OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, MATERIALS HOSTED ON A THIRD PARTY SITE, AND WE DO NOT REPRESENT OR IMPLY THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE MATERIALS OR THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS PUBLISHED ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
- ERRORS, MISTAKES OR INACCURACIES OF ANY MATERIALS;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR;
- ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.18.3 Exceptions to Disclaimers and Liability Limitations.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
- Limitation on Time to File a Claim.
- Users Located Out of the United States.
- Force Majeure.
- Entire Agreement.
- Independent Contractors.
- No Third Party Beneficiaries.
- Section Titles.
- No Modifications by Our Employees.
- Contact Information.
Send an email to: tony@THHM.org or Send postal mail to:
The Hip Hop Museum
P.O. Box 6001
Bronx, NY 10451