This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Please note that Section 17 contains certain changes to the general terms for users outside Jamaica.
Date of Last Revision: June 03, 2013.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the Hype Life Magazine Principles, and is our terms of service that governs our relationship with users and others who interact with Hype Life Magazine. By using or accessing Hype Life Magazine, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how Hype Life Magazine works.
- 1. Privacy
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Hype Life Magazine to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
- 2. Sharing Your Content and Information (includes Facebook Apps Privacy)
You own all of the content and information you post on Hype Life Magazine comment section, and you can control how it is shared through your Facebook privacy and application settings. In addition:
- 1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to agreeing to our terms: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Hype Life Magazine. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- 2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- 3. When you use Hype Life Magazine, it may ask for your permission to access your Facebook content and information as well as content and information that others have shared with you. Hype Life Magazine is required to respect your privacy, and your agreement with that Hype Life Magazine will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)
- 4. When you make a comment (publish content or information) using Facebook comment, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- 5. We always appreciate your feedback or other suggestions about Hype Life Magazine, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- 6. On this website, you can encounter the Content Lockers which may ask you to sign in, subscribe, enter your name or perform other actions to get access to the locked content. When you enter your email or sign in through social networks, you agree to that your email address will be added to the subscription list for sending target news and special offers. You can unsubscribe at any time by clicking on the link at the end of any of emails received from us. When you sign in through social networks, the Content Locker may ask you to grant permissions to read or perform some social actions.
Content Locker never collects other data and never publish anything in social networks from your behalf without your permissions.
After unlocking the content the Content Locker removes all the access tokens received from you and never uses them again.
- 3. Safety
We do our best to keep Hype Life Magazine safe, but we cannot guarantee it. We need your help to keep Hype life Magazine safe, which includes the following commitments by you:
- 2. You will not post unauthorized commercial communications (such as spam) on Hype Life Magazine.
- 2. You will not collect users’ content or information, or otherwise access Hype Life Magazine, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Hype Life Magazine.
- 4. You will not upload viruses or other malicious code.
- 5. You will not solicit login information or access an account belonging to someone else.
- 6. You will not bully, intimidate, or harass any user.
- 7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- 8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- 9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Hype Life Magazine.
- 10. You will not use Hype life Magazine to do anything unlawful, misleading, malicious, or discriminatory.
- 11. You will not do anything that could disable, overburden, or impair the proper working or appearance of Hype Life Magazine, such as a denial of service attack or interference with page rendering or other Hype life Magazine functionality.
- 12. You will not facilitate or encourage any violations of this Statement or our policies.
- 4. Registration and Account Security
Hype Life Magazine users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- 1. You will not provide any false personal information on Hype Life Magazine, or create an account for anyone other than yourself without permission.
- 2. You will not create more than one personal account.
- 3. If we disable your account, you will not create another one without our permission.
- 4. You will not use the comments primarily for your own commercial gain, and will use the VIP Area (you need to be logged in to have access) for such purposes.
- 5. You will not use Hype Life Magazine if you are under 13.
- 6. You will not use Hype Life Magazine if you are a convicted sex offender.
- 7. You will keep your contact information accurate and up-to-date.
- 8. You will not share your passwor, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- 9. You will not transfer your account (including any Advertisers Profile or Subscriber Profile) to anyone without first getting our written permission.
- 10. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate.
- 5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- 1. You will not post content or take any action on Hype Life Magazine that infringes or violates someone else’s rights or otherwise violates the law.
- 2. We can remove any content or information you post on Hype Life Magazine if we believe that it violates this Statement or our policies.
- 3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- 4. If we remove your content (including comments with links) for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- 5. If you repeatedly infringe other people’s intellectual property rights, we will disable/ban your account when appropriate.
- 6. You will not use our copyrights or trademarks (including Hype Life Magazine, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- 8. You will not post anyone’s identification documents or sensitive financial information on Hype Life Magazine.
- 9. You will not tag users or send email invitations to non-users without their consent. Hype Life Magazine offers social reporting tools to enable users to provide feedback about Hype Life Magazine functions.
- 6. Mobile and Other Devices
- 1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as browsing Hype Life Magazine, will still apply.
- 2. You provide consent and all rights necessary to enable users to sync (including through a feature) their devices with any information that is visible to them on Hype Life Magazine.
If you make a payment on Hype Life Magazine or use Hype Life Magazine VIP, you agree to our Payments Terms.
- 8. Special Provisions Applicable to Facebook Social Plugins
Since Hype Life Magazine includes Facebook Social Plugins, such as the Share or Like buttons on Hype Life Magazine, the following additional terms apply to Hype Life Magazine (revised):
- 1. Facebook gives Hype Life Magazine permission to use Facebook’s Social Plugins so that users can post links or content from Hype Life Magazine on Facebook.
- 2. We give Facebook permission to use and allow others to use such Hype Life Magazine links and content on Facebook.
- Special Provisions Applicable to VIP Members/Affiliations of Companies
If you are a VIP Member (Top Advertisers, Direct Advertisers, Public Relation Writer, Sponsored Writer, Guess Writer), the following additional terms apply to you:
- 1. You are responsible for your account and its content and all uses you make of Hype Life Magazine. This includes ensuring your account or use of Hype Life Magazine meets our VIP Members Policies and our Advertising Guidelines.
- 2. Your access to and use of data you receive from Hype Life Magazine, will be limited as follows:
- 1. You will only request data you need to operate your account.
- 4. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
- 5. You will not include data you receive from us concerning a user in any advertising creative.
- 6. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
- 7. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
- 8. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
- 9. We can limit your access to data.
- 3. You will not give us information that you independently collect from a user or a user’s content without that user’s consent.
- 4. You will make it easy for users to gain access or hack from your account.
- 5. You will make it easy for Hype Life Magazine to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
- 6. You will provide customer support for your published articles.
- 7. You will not show third party ads or web search boxes on www.facebook.com.
- 8. We give you all rights necessary to use the code and tools you receive from us.
- 9. You will not sell, transfer, or sublicense our code or tools to anyone.
- 10. You will not misrepresent your relationship with Hype Life Magazine to others.
- 11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our VIP Members Policies.
- 12. We can issue a press release describing our relationship with you.
- 13. You will comply with all applicable laws. In particular you will (if applicable):
- 1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- 2. comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Hype Life Magazine. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
- 14. We do not guarantee that all articles will always be free.
- 15. You give us all rights necessary to enable your account to work with Hype Life Magazine, including the right to incorporate content and information you provide to us into posts, categories, and tags.
- 16. You give Hype Life Magazine the right to link to or embedded frame (via Facebook app) your articles, and place content, including ads, around your articles.
- 17. We can analyze and/or modify your account, articles, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- 18. To ensure your articles/content is safe for users, we can audit it.
- 19. We can publish articles that offer similar features and services to, or otherwise compete with, your primary articles.
- 10. About Advertisements and Other Commercial Content Served or Enhanced by Hype Life Magazine
Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
- 1. You can use your Facebook privacy settings to limit how your Facebook name and Facebook profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us (via our Facebook pages). As a Hype Life Magazine/Facebook user, you give Facebook permission to use your name and profile picture in connection with that content, subject to the limits you place on Hype Life Magazine and/or our fan page of Facebook.
- 2. We do not give your content or information to advertisers without your consent.
- 3. You understand that we may not always identify paid services and communications as such.
- 11. Special Provisions Applicable to Advertisers
You can target your desired audience by buying ads on Hype Life Magazine. The following additional terms apply to you if you place an order through our online advertising portal (Order):
- 1. When you place an Order, you will tell us the type of advertising you want to buy (such as links, image banners and /or videos), the amount you want to spend. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
- 2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
- 3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
- 4. Your ads will comply with our Advertising Guidelines.
- 5. We will determine the size, placement, and positioning of your ads.
- 6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
- 7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
- 8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
- 9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
- 10. We can use your ads and related content and information for marketing or promotional purposes.
- 11. You will not issue any press release or make public statements about your relationship with Hype Life Magazine without our prior written permission.
- 12. We may reject or remove any ad for any reason.
- 13. If you are placing ads on someone else’s behalf, you must have permission to place those ads, including the following:
- 1. You warrant that you have the legal authority to bind the advertiser to this Statement.
- 2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- 12. Special Provisions Applicable to VIP Members
If you create or administer a VIP Member account on Hype Life Magazine, or run a promotion or an offer from your VIP Member account, you agree to our VIP Members Terms.
- 13. Special Provisions Applicable to Software (for Blackberry, Apple iOS5+ and Androids)
- 1. If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- 2. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- 14. Amendments
- 1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the Hype Life Magazine Site Governance Page) and an opportunity to comment on changes to this Statement. You can also visit our Facebook fan Page and “like” the Page to get updates about changes to this Statement.
- 2. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the fan Page.
- 3. Your continued use of Hype Life Magazine following changes to our terms constitutes your acceptance of our amended terms.
- 15. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Facebook to you. We will notify you by email or at the next time you attempt to access your account, and/or Hype Life Magazine, wholly. You may also delete your account or remove your articles/content/comments at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
- 16. Disputes
- 1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Hype Life Magazine exclusively in a court located in Kingston, Jamaica. The laws of Jamaica will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Kingston, Jamaica for the purpose of litigating all such claims.
- 2. If anyone brings a claim against us related to your actions, content or information on Hype Life Magazine, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Hype Life Magazine and are not responsible for the content or information users transmit or share on Hype Life Magazine. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Hype Life Magazine. We are not responsible for the conduct, whether online or offline, or any user of Hype Life Magazine.
- 3. WE TRY TO KEEP HYPE LIFE MAGAZINE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HYPE LIFE MAGAZINE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT HYPE LIFE MAGAZINE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT HYPE LIFE MAGAZINE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. HYPE LIFE MAGAZINE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR HYPE LIFE MAGAZINE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR HYPE LIFE MAGAZINE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HYPE LIFE MAGAZINE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- 17. Special Provisions Applicable to Users Outside Jamaica
We strive to create a global platform with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Hype Life Magazine outside Jamaica:
- 1. You consent to having your personal data transferred to and processed in Jamaica.
- 18. Definitions
- 1. By “Hype Life Magazine” we mean the features and services we make available, including through (a) our website at www.hypelifemagazine.com and any other Hype Life Magazine branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Articles; (c) blurbs of articles, promotion and other similar offerings and (d) other media, software (such as a applicatons), devices, or networks now existing or later developed.
- 2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including VIP Members and sponsored editors, to retrieve data from Hype Life Magazine or provide data to us.
- 3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Hype Life Magazine.
- 4. By “content” we mean anything you or other users post on Hype Life Magazine that would not be included in the definition of information.
- 5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Hype Life Magazine or provide to Hype Life Magazine through an active account.
- 6. By “post” we mean post on Hype Life Magazine or otherwise make available by using Hype Life Magazine.
- 7. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- 8. By “active registered user” we mean a user who has logged into Hype Life Magazine at least once in the previous 30 days.
- 9. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- 19. Other
- 1. This Statement makes up the entire agreement between the parties regarding Hype Life Magazine, and supersedes any prior agreements.
- 2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- 3. If we fail to enforce any of this Statement, it will not be considered a waiver.
- 4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
- 5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- 6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- 7. Nothing in this Statement shall prevent us from complying with the law.
- 8. This Statement does not confer any third party beneficiary rights.
- 9. We reserve all rights not expressly granted to you.
- 10. You will comply with all applicable laws when using or accessing Hype Life Magazine.
You may also want to review the following documents, which provide additional information about your use of Hype Life Magazine:
- Data Use Policy: The Data Use Policy contains information to help you understand how we collect and use information.
- Payment Terms: These additional terms apply to all payments made on or through Hype Life Magazine.
- VIP Members Policies: These guidelines outline the policies that apply to applications, including Connect sites.
- Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on Facebook.
- Promotions Guidelines: These guidelines outline the policies that apply if you offer contests, sweepstakes, and other types of promotions on Hype Life Magazine.
- How to Report Claims of Intellectual Property Infringement
- Community Standards: These guidelines outline our expectations regarding the content you post to Facebook and your activity on Hype Life Magazine.
To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your Hype Life Magazine session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the English version.