Effective: September 22, 2005
Welcome to mediatipper.com, a Group Play International Inc company. . The mediatipper.com
service is operated by mediatipper.com. You must read this entire agreement and
agree to be bound by all of the terms and conditions regardless of whether or not
you register as a community member. By clicking on the “Agree/Accept”
button, you confirm that you accept these terms. If you do not agree to these
terms, DO NOT click on the “Agree/Accept” button and click cancel or simply leave
the website. mediatipper.com reserves the right, at its sole discretion, to change,
modify, or delete any portion of this agreement at any time without notice.
If we do this, we will post these changes and will annotate the effective date change
at the top of the page. If you continue to use the Website after these changes
your actions will constitute your acceptance of the “New” terms. It is your
responsibility to review the Terms and Conditions on a regular basis. This agreement is governed by the
laws of the United States and the State of California. We strongly suggest that you use sound
judgment in providing information you post on mediatipper.com. Your membership
profile may not include last names, telephone numbers, home/work street address.
Under no circumstance will you post photographs or videos that contain nudity, violence,
or offensive material. Information provide by other mediatipper.com members may
contain inaccurate, misleading, offensive material, products or services and this
website assumes no responsibility or liability for this material. In the event that you participate
in a XrareIt.com (change to mediatipper.com event, you agree to release and hold us harmless for any and all
losses, claims, actions, damages of any kind including, without limitation, personal
injuries, death and property damage, either directly or indirectly related to or
arising from your participation.
Eligibility
Membership for this Website is void
where prohibited. You must be thirteen (13) years of age or older to register and/or
use this Website. By using this Website, you represent and warrant that you have
the right, authority, and capacity to agree and to abide by other terms of this
Agreement. Furthermore, you represent and warrant that the use of the mediatipper.com
shall not violate any laws or regulations. All registration information and
content that you submit and post must be truthful and accurate. You are solely
responsible for all content published and displayed through your membership account.
mediatipper.com may terminate your membership for any reason, at any time. Proprietary Content Posted on this
Website mediatipper.com owns and retains all content
and proprietary rights on this Website, including but not limited to design, graphics,
files, trademarks, ,music works service marks (“Content”) This content may
not be altered, copied, modified, reproduced, posted, transmitted sold in any form
or by any means without prior written permission. You may download or print
a copy any Content for personal, non-commercial use. Content Posted on this
Website As a member of the mediatipper.com service,
you are solely responsible for the content, photos, videos, and profile information
that you post or transmit to other members. You agree that mediatipper.com may
review and remove any member content deemed to violate the spirit of this agreement. By posting Member content to any part
of this service, you automatically grant, and you represent a warrant that you have
the right to grant, to mediatipper.com non-exclusive, irrevocable, perpetual, fully
paid, worldwide license (with the right to sublicense) to use, copy, perform, display,
reformat, transmit and distribute such Content and information and to prepare derivate
work or incorporate into other works, such Content. You also represent and
warrant that your Content does not violate any privacy rights, copyrights, publicity
rights, and intellectual property rights of any person. You agree to pay for
all royalties and fees owing to a person that may own these rights.
Copyright Provisions
If any member or non-member has evidence
that someone has infringed upon their copyright works contact us immediately at info@mediatipper.com and provide us with the following
information: Name of person authorized to act on
behalf of the owner of copyright content, a description of the copyright material,
and where on the Website you discovered the violation. In addition, please
provide a written statement that you did not authorize a member to use your copyrighted
material and a brief statement claiming that you are the rightful and lawful owner
of aforesaid content.
Member Conduct
Generally, you must use this Service
in a manner that demonstrates good taste and respect for the rights of mediatipper.com
and third parties. We expect our members to present our services in an honest, ethical,
and truthful manner always mindful of the reputation and integrity of mediatipper.com.
If you elect to become an Event Coordinator,
you will be solely and exclusively responsible for ensuring that your event, its
contents and the contents of any web sites linked to your event, are in compliance
with the terms and conditions of this Agreement and all applicable laws, regulations
and rules. You will not use mediatipper.com Service
to post content or to market or sell any service or product that (i) infringes the
rights of a third party, including, without limitation, copyrights, trademarks,
patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory
or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks
or similar utilities or programs, (iv) is sexually suggestive or contains explicitly
sexual content (including nudity), (v) does or may denigrate or offend any ethnic,
racial, gender, religious or other protected group, through use of language, images,
stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten,
defame or abuse others, (vii) exploits images or the likeness of minors, (viii)
encourages or depicts the use of drugs, alcohol or cigarettes or (ix) is generally
offensive or in bad taste. You will not (i) use "spam," "blast-faxes"
or recorded telephone messages to market or sell Services, (ii) interfere with mediatipper.com
Service by using viruses or any other programs or technology designed to disrupt
or damage any software or hardware, (iii) modify, create derivative works from,
reverse engineer, decompile or disassemble any technology used to provide mediatipper.com
Service, (iv) use a robot, spider or other device or process to monitor the activity
on or copy pages from mediatipper.com Web Site, (v) collect electronic mail addresses
or other information from third parties by using mediatipper.com Service, (vi) impersonate
another person or entity, (viii) engage in any activity that interferes with any
third party's ability to use or enjoy mediatipper.com Service or (ix) assist any third
party in engaging in any activity prohibited by this Agreement.
No Solicitation
You agree that you will NOT approach
mediatipper.com’s employees, contractors, or business partners with proposals to hire
them as its own employees or contractors. If you hire any of mediatipper.com’s employees
or contractors, you agree to pay mediatipper.com for each employee or contractor hired
the greater amount of three years compensation for that employee or contractor or
$200,000. Assignment All Company members may not
assign its rights or duties under this Agreement to another without the express
written consent of mediatipper.com, which will not be unreasonably withheld. mediatipper.com
may assign its rights and obligations under this Agreement without notice so long
as the Service continues to operate as outlined in this Agreement. Severability The terms of this Agreement are severable.
If any part of this Agreement is determined to be unenforceable or invalid, that
part of the Agreement will be interpreted in accordance with applicable law as closely
as possible in line with the original intention of both parties of the Agreement.
The remaining terms and conditions of the Agreement will remain in full force and
effect.
Governing Law
This Agreement shall be deemed entered
into in the State of California. All disputes and claims relating to mediatipper.com
and The User Agreement shall be settled by arbitration in San Diego, California
or such other location as mediatipper.com chooses, in accordance with the Federal Arbitration
Act and the Commercial Arbitration Rules of the American Arbitration Association.
If you file a claim or counterclaim against mediatipper.com as a member, you agree to
do so on an individual basis and not with any other members as a class action undertaking.
The decision of the arbitrator shall be final and binding on the parties and may
be reduced to a judgment in any court of competent jurisdiction. Each party to the
arbitration shall be responsible for its own costs and expenses of arbitration including
legal and filing fees. The parties agree to jurisdiction and venue before any federal
or state court in the State of California. Endorsement I understand that no attorney general
or any other regulatory authority ever reviews, endorses, or approves of any service
offering, product, compensation program or company, and I will make no such claims
to others.
Entirety
This Agreement constitutes the entire
understanding and contract between the parties and supersedes any an all prior and
contemporaneous, oral, or written representations, communication, understandings,
and agreements between the parties with respect to the subject matter herein. Nothing in this Agreement, express
or implied, shall be deemed to confer any rights or remedies upon, nor obligate
any of the parities hereto, to any person or entity other than such parties, unless
so stated to the contrary.
Each of the parties, to this Agreement represents and warrants that it has full
power to enter into this Agreement and hasn’t assigned, encumbered, or in any manner
transferred all or any portion of the claims covered by this Agreement. Waiver Any waiver by mediatipper.com of any breach
of this Agreement must be in writing and signed by an authorized officer or agent
of mediatipper.com. Waiver by mediatipper.com of any breach of this Agreement by me shall
not operate or be construed as a waiver of any subsequent breach.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
mediatipper.com PROVIDES mediatipper.com SERVICE
ON AN "AS IS" BASIS. mediatipper.com DOES NOT REPRESENT OR WARRANT THAT mediatipper.com
SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES
OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION
OR WITH THE HARDWARE OR SOFTWARE YOU USE. mediatipper.com MAKES NO WARRANTIES OTHER
THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. THE THIRD-PARTY LINKS, SERVICES, RESOURCES
AND INFORMATION THAT mediatipper.com PROVIDES ON OR MAKES AVAILABLE THROUGH mediatipper.com
WEB SITE ARE NOT CONTROLLED BY mediatipper.com. ACCORDINGLY, mediatipper.com MAKES NO WARRANTIES
REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND
NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY
SERVICES, RESOURCES OR INFORMATION. mediatipper.com WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, LOST WINNINGS,
OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF The
COMPANY SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS
AND WARRANTIES UNDER THIS AGREEMENT OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS
UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION
WITH THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY mediatipper.com TO
YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH
LIABILITY OR (ii) $100. mediatipper.com AND ITS PERSONNEL MAKE
NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION
OR ITEMS IN OR RELATED TO THE SITE. mediatipper.com AND ITS PERSONNEL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. THE INFORMATION
IN THE SITE MAY BE OUT OF DATE, AND mediatipper.com MAKES NO COMMITMENT TO UPDATE SUCH
INFORMATION. YOUR ACCESS TO AND USE OF The COMPANY
SERVICE ARE AT YOUR RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
SHALL mediatipper.com AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES) ARISING OUT
OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE,
OR OTHER LOCATIONS ACCESSIBLE THROUGH THE SITE, EVEN IF mediatipper.com OR A mediatipper.com
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT
LIMITING THE FOREGOING, EVERYTHING IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
mediatipper.com AND ANY OTHER PARTIES
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ALSO ASSUME NO RESPONSIBILITY
FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR INTERFERENCE WITH EQUIPMENT,
PROGRAMS, FILES, OR OTHER PROPERTY (FOR EXAMPLE, FROM VIRUSES) WHETHER SUCH DAMAGES
ARE RELATED TO ACCESS OR USE OF THE SITE OR OTHER LOCATIONS ACCESSIBLE THROUGH THE
SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OR DAMAGE SUSTAINED IN CONNECTION
WITH THE SITE IS TO STOP USING THE SITE. YOUR PERMISSION TO USE THE SITE MAY AUTOMATICALLY
TERMINATE WITHOUT NOTICE AT mediatipper.com's SOLE DISCRETION. PLEASE NOTE THAT SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS
OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. INDEMNIFICATION. YOU WILL INDEMNIFY
AND HOLD mediatipper.com AND ITS EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES, DIRECTORS,
OFFICERS, MANAGERS AND SHAREHOLDERS (THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY
DAMAGE, LOSS, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND
COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION ("CLAIM")
BROUGHT AGAINST ANY OF THE INDEMNIFIED PARTIES INSOFAR AS SUCH CLAIM ALLEGES FACTS
OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THIS AGREEMENT
BY YOU. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION HEREUNDER, mediatipper.com MAY,
IN ITS SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR
SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU WILL NOT SETTLE,
COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT THE CONSENT OF mediatipper.com.
IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION HEREUNDER, mediatipper.com MAY WITHHOLD
ANY PAYMENT IT IS OTHERWISE REQUIRED TO MAKE TO YOU TO OFFSET AGAINST YOUR INDEMNITY
OBLIGATIONS.
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| What’s Happening on MediaTipper |
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A Revolution has begun in the music, video,
movie, software industry… It's mediatipper.com.
You've heard the terms Download and Upload. We
are proud to introduce you to a new concept "TiploadSM"!
You now have the power to easily sample
progressive music, videos, games or software and
VOLUNTARILY TiploadSM the artist or content
creator what you feel their material is worth.
You are free to choose what you tip if at all.
The goal of mediatipper is to reinforce and/or
change people's attitudes about giving. 100% of
ALL tips go directly to the content creators.
Our site only generates money from a few
advertisers and we share 50% of that money with
all music artists and video creators who upload
their content. Please remember, it's not the tip
amount that counts but the thought and act which
matters more.
We welcome all music artists,
content creators, and online media fans. |
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