Rapfeatures.com Terms and Conditions
These Terms and Conditions were last modified on 8/10/2016.
Welcome to Rapfeatures.com (the “Site”), a global peer-to-peer marketplace that allows Sellers to buy and sell feature verses (“Features”) from one another. Anyone who visits the Site, whether registered or not, is a “User” of the Site for the purposes of this Agreement. Rapfeatures.com enables Users to enter into agreements and manage jobs with other Users offering Features. For the terms of this Agreement, Users seeking to purchase Features are called “Buyers” and those seeking to sell Features are called “Sellers.” Among the tools provided by Rapfeatures.com are:
· Create profiles;
· Post projects;
· Search for Features;
· Communicate and negotiate with Sellers;
· Grant projects to Sellers;
· Manage projects;
· Leave feedback for Sellers; and
· Pay Sellers.
· Create profiles;
· Advertise various Feature offers;
· Communicate and negotiate with Buyers;
· Submit quotes and proposals to Buyers;
· Be hired by Buyers;
· Manage projects;
· Send invoices to Buyers
· Receive feedback from Buyers; and
· Receive payment from Buyers.
Please read this entire document carefully, as it controls the terms under which you may access Rapfeatures.com. This Agreement does contain a mandatory arbitration clause which will waive your right to a trial in case of a dispute.
The Site is owned and operated by Rapfeatures.com, LLC, a Florida LLC (the “Company”). These terms and conditions (the “Agreement”) form a legally binding agreement between you and the Company, so read them very carefully. This Agreement spells out what you can expect from us and what we expect from you. In accessing, browsing and/or using any area of the Site, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions set forth in this Agreement. We may make revisions to this Agreement from time to time. By using the Site, you agree to be bound by such revisions and should therefore periodically visit this page to determine the then current version of this Agreement to which you are bound. The Company will inform existing users when this Agreement is revised by posting a Notice of Change on our homepage. Revisions will become effective immediately upon posting, unless they state otherwise. If you do not agree to the terms and conditions under this Agreement, you must stop using the Site.
· Rapfeatures.com does not actually sell Features. Sellers sell features on their own. We just make it easy (and fun).
· Only registered users can buy and sell Features. Registration is free.
· Buyers buy Features. Sellers sell Features. When a Buyer and Seller connect, they enter into a binding Features Agreement.
· Sellers must fulfill their orders. No unreasonable cancellations or delays.
· If you find Features or artists through Rapfeatures.com, then you have to buy those Features through Rapfeatures.com. No cheating.
· Sellers license to the Buyer full rights to the Feature. Buyers can only use the Feature for promotion, not profit.
The Site offers various services to Users who register with the Site. By registering, you represent and warrant that you are over 18 years of age,are competent to enter into a binding agreement, and meet all of the eligibility requirements.
To use the Feature services offered by the Site, you must register for an Account. An Account will provide you with some tools to help buy or sell Features. By registering, you agree to provide true, accurate, and complete information as prompted by the registration form, and to update this information as necessary to maintain its truthfulness, accuracy and completeness. In addition, by registering you agree to:
1. Comply with this Agreement and the policies and guidelines described throughout the Site;
2. Be financially responsible for your use of the Site and the purchase and delivery of services;
3. Perform the obligations required when you enter into any transaction for Features, unless those obligations are prohibited by law or this Agreement.
During registration, you will need to choose a username and password for the Account. Youareentirely responsible for safeguarding and maintaining the confidentiality of your username and password. You authorize the Company to assume that any person using the Site with yourusername and password is you or your authorized representative. If you suspect any unauthorized access to the Account, you agree to notify the Site immediately.
When registering for an account, yourepresent, warrant, and agree to the following:
1.2.1 The Site may use your name, logo, profile, and Feature descriptions as part of the Site or other Site related marketing materials.
1.2.2 You consent to the Site contacting you in order to deliver services, and to deliver marketing offers and news.
1.2.3 You will only grant Account access to authorized users to act on behalf of you and in accordance with this Agreement. Youare fully responsible and liable for any action of any user who uses your Account. Further, you agree not to access another’s account without the express authorization of the other user.
1.2.4 You will not use any device, software, or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Site or any transaction being conducted through the Site. Youwill not intercept or expropriate any system, data, or personal information from the Site. Further, you shall not take any action that imposes an unreasonably large load on the Site infrastructure, including spam.
1.2.5 You warrant that you have the right and authority to enter into the Terms of Service, and that you are using the Site solely for the purpose of entering into a bona fide business transaction with other Users.
1.2.6 You warrant that you are not a resident, national of, or entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America.
1.2.7 You warrant that you are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
1.2.8 You agree that you will not use the Site in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
Users are solely responsible for any and all information posted or caused to be posted on our site. This includes, but is not limited to, any writing; any audio, video, or photographic content; any postings or feedback; any documents; and any other content that users may from time to time add to the Site (“Content”). Users retain ownership of all posted and uploaded Content, subject to the licenses granted in this Agreement. Rapfeatures.com does not claim any ownership rights in uploaded content, and you expressly acknowledge and agree that any content uploaded by you is your sole responsibility.
1.3.1 By posting Content on the Site, you hereby assign to the Company a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Content, and to use such Content for providing services, and for advertising and publicizing the Site, its products and services.
1.3.2 You shall not post any Content that may:
a. Infringe any third party’s rights, including but not limited to, intellectual property, publicity or privacy;
b. Violate any law;
c. Include a virus or other damaging programming;
d. Be defamatory, trade libelous, threatening, or harassing; or
e. Be obscene, indecent, or contain pornography.
1.3.3 All Content is subject to the approval of the Company, and the Company has the right to reject or modify any submitted Content.
1.3.4 The Company is only a venue for user posting of content. The Company does not endorse any information posted by users on the Site, and is not liable for any such information, including information posted about you. The Company has the right, but not obligation, to take any action, in its sole discretion, with respect to information posted on the Site which it believes is inappropriate, could harm the business or reputation of the Company, or cause the Company liability or to lose services from third parties. Company actions in this regard may include, but are not limited to, termination of your Account. However, the Company cannot, and will not, control the information provided by Users or other content providers which is made available through our system.
1.3.5 Without prejudice to the conditions in this Agreement, you shall not upload, store, distribute, send, transmit, display, perform, make available, or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within your profile or other uploads to the Site (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Site) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your Account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. Uploading of content, or the promotion of Features for which you do not have rights shall not be permitted.
All content on the Site posted by the Company, including text, images, logos, video, software, and downloads, are the property of the Company and are protected by U.S. and international copyright.
Rapfeatures.com does not own any compositions, postings, records, visual images, or content posted by Users or third parties. You retain full ownership in the copyrights and all other rights in your songs, subject to the non-exclusive rights granted to the Site and the Company under this Agreement. You are free to grant similar rights to others during and after the term of this agreement.
The goal of Rapfeatures.com is to make it easy for Buyers and Sellers of Features to collaborate and meet. However, in order to protect you and to ensure the Site’s continued functionality, Users are prohibited from certain activities or communications, as outlined in this section. Failure to abide by these prohibitions may lead to termination of your Account, or other remedies as determined in the Company’s sole discretion.
In communicating with each other or with the Site, youare prohibited from:
· Advertising a separate website on the Site. URL’s posted on the Site must directly relate to a project on Rapfeatures.com.
· Posting fraudulent information regarding your identity.
· Posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, or obscene information on or via the Site.
· Using the Site to post false or misleading projects.
· Contacting any user of the Site in any manner with the intent of diverting them from using the Site’s services.
· Creating multiple Accounts. For example, if a Seller offers a Feature, the Seller may not create another Account to award the project to another Account operated by the same Seller.
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to the Company. Youagree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
· use this Site or its contents for any commercial purpose;
· access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without the Company’s express written permission;
· violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
· take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
· deep-link to any portion of this Site for any purpose without the Company’s express written permission;
· “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without the Company’s prior written authorization; or
· attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Company in connection with the Site or the services.
When you post any reviews through the Site, you agree that you are transferring copyright of the review to the Company, and this may consist of comments, ratings, and stars. You acknowledge that this review belongs solely to the Company, though the Company permits you to use it on the Site while you remain a Registered User. You may not use any reviews inconsistent with this Agreement or any other Rapfeatures.com policies, without our prior written permission.
Your account may be suspended or terminated if the Company, in its sole discretion, becomes concerned by any feedback about you.
Rapfeatures.com does not place limitations on user communications once the job has begun, but youagree to do all pre-job price and terms negotiations through the Site, so that there is a record of the final price and terms.
You shall not make or receive any payments for Features outside of the Site. By using the Site, youunderstand and agree that a substantial portion of the Company’s compensation for the Site’s services comes from the commissions deducted from payments for Features. As such, youagree to use the Site’s Payment Services to make all financial transactions and agree not to circumvent the Services or any associated fees.
Specifically, Buyers agree to use the Site Payment Services to make all payments to Sellers identified on the Site, whether first-time, repeat, or follow-up. Sellers agree to use the Site Payment Services to receive all payments from Buyers identified through the Site, whether first-time, repeat, or follow-up. This provision applies to any Feature in which the two parties identify each other through the Site, even if the project closed without a Seller being chosen, and the Buyer contacts the Seller about the Feature (or any other Feature) anyway.
Youagree that the Company shall be entitled to a two year period of exclusivity during which you will use the Site as the exclusive method to request, make and receive all payments for work directly or indirectly with any other User that youidentify through the Site.
Youagree to notify the Company immediately if any other User solicits any payment or seeks to pay outside the Site. In addition, all Users are responsible for notifying the Company if the payment amount increases after the project is closed. If you are aware of a breach of this section, any potential circumvention of the Payment Services, or change in the Feature Agreement terms after the project close, you must submit a confidential report to the Company by phone or by secure message.
The Company believes the commissions are fair and justified for the provided services. Therefore, the Company will not tolerate any attempts to avoid fees or underbid on the Site.
In the event you wish to opt-out of the exclusivity period, you may notify the Company of the desire to opt-out by sending an email to [email protected], and agree to pay the greater of the following amounts as an opt-out fee:
2. 15% of the total price of the Feature (including any other Features to be done apart from the Site);
3. Any service fees that would have been earned by the Company during the exclusivity period, plus interest at the rate of 18% per annum or the maximum rate permitted by law (whichever is less), calculated from the date the Buyer first makes payment to the Seller, until the date the Opt-out fee is paid.
This Agreement shall be effective as of the date that you first access the Site, and shall continue until your account is terminated by you or by the Company.
Unless otherwise agreed to in writing between the parties, either party may terminate this Agreement upon written notice to the other party. If you have pending Features, you must legally terminate that Feature Agreement first before terminating this Agreement. You shall remain bound by this Agreement until all such Features and related transactions are completely closed.
Upon successful termination, your Account will be automatically closed and all information related to the profile will be deleted, including posts, Features, and proposals. You may not have access to the data, messages, files, and any other materials posted on the Site.
Termination by you shall not release you, any other User with whom you have entered into an agreement, or the Company from any obligations incurred prior to termination or that may accrue due to any act or omission prior to termination. The Company shall continue to perform the services necessary in order to complete any pending Features or related transactions between you and another User
You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to the Company for any service and to any other user for any services.Any terms or policies necessary to implement this section shall survive termination of this Agreement for any reason.
Your Account may be terminated if the Company determines that there has been a breach of this Agreement. Breach of this Agreement may occur any time you:
(a) Breach the letter or spirit of any terms of this Agreement, or any written policies and procedures posted on the Site;
(b) The Company is unable to verify or authenticate any information you provide; or
(c) The Company believes, in its sole discretion, thatyour actions may cause legal liability for you, any other user, or for the Company, or are contrary to the interests of the Site or community.
If the Company, in its sole discretion, determines that you have breached this Agreement, then the Company may issue a warning, temporarily suspend, permanently suspend, or terminate any Account or Feature associated with you. If your account is suspended or terminated, you shall not continue to use the Site under the same account, a different account, or register for a new account without the Company’s prior written consent.
If your Account is suspended or terminated for Breach of Agreement, as outlined above, you shall not be entitled to any credit or payment from the Company. You shall pay all outstanding fees and reimburse the Company for all losses and expenses, including the Company’s employee time and legal fees, related to the investigation of the breach and the collection of fees. In addition, without limiting the Company’s other remedies, if you take any actions that circumvent the Site’s payment services or otherwise reduce fees owed to the Company under this Agreement, you shall pay to the Company all fees owed. In addition, any Breach of Agreement may be pursued to the fullest extent of the law, resulting in additional penalties and sanctions.
In the event of suspension or termination, you shall have no claim whatsoever against the Company regarding the suspension or termination of the Account.
You understand and agree that the Company’s damages from a Breach of Agreement will be substantial and may include fines and expenses from its payment processors and users, loss of future revenue from the Features, or harm to the Company’s reputation, and it may be extremely difficult to determine actual damages. Therefore, you agree that the Company may fine you up to $3,000.00 for each Breach of Agreement and may take any legal action deemed necessary to recover the losses that are in excess of the amount charged. You agree that $3,000.00 is a fair and reasonable minimum estimate of the Company’s damages in case of a future breach, based on what the parties currently know. You agree that this amount is does not act as a penalty or punishment for breaching the contract.
You expressly agree that the Company is entitled to deduct any fees, losses, expenses, and fines noted above directly from the balance of your Account, or any other Account on the Site owned by you.In addition, you agree that the Company has the right, but not the obligation, to notify other users engaged in work with you of the suspension or termination and provide them with summary reasons for the action.
Section 3 (Exclusivity), section 6 (Payment Services), and section 9 (Miscellaneous) of this Agreement shall survive termination.
The Company is not a party to any part of the dealings between Buyers and Sellers. The Company, through the Site, simply offers services assisting Users to communicate with other Users and determine the suitability of the other Users for themselves. The Company does not introduce Users, or help Users find jobs. The Company has no control over and makes no representations regarding the quality, safety, or legality of any services performed or deliverables created via the Site, nor the truth or accuracy of Feature posts, the qualifications, background, abilities, or identities of Users, the ability of a User to perform any services, the ability of Users to pay for services, or the ability of a User to actually complete a transaction. The Company is not required to, and may not, verify any information provided by Users, and does not conduct any background checks on Users. Any information provided by the Site about a User is based on information provided by that User.
The Company is not responsible for and does not control the manner in which Users operate. The Company is not involved in any hiring, firing, discipline, or working conditions of Users. All rights and obligations for the Feature and any deliverables are solely between the transacting Users. Users shall look solely to each other for enforcement and performance of all rights and duties arising from the Feature.
Neither use of the Site nor this Agreement shall be construed as creating any relationship or agency, franchise, partnership or joint venture between the Company and any User, except as expressly stated in this Agreement.
You agree that the value, reputation, and goodwill of the Site depends on their performance of this Agreement and the Features Agreements. Therefore, you appoint the Company as a third-party beneficiary of the Feature Agreement for purposes of enforcing the obligations and benefits conferred on the Company by the Feature Agreement. You further agree that the Company has the right to take suchactions with respect to the Feature Agreement or your Account, including without limitation suspension, termination, or legal actions, as the Company in its sole discretion deems necessary.
You are solely responsible for payment and reporting of your taxes. The Company is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agreeto complywith any and all applicable state and federal tax statutes, regulations and common law. If the Company receives any notice of non-compliance from the Internal Revenue Service (IRS), the Company will consider such notice evidence of a breach of this section and will suspend your Account until such time as the IRS issues a release.
The engagement, contracting and management of a project are between the Buyer and Seller. The Company is also a party to the agreement for the limited purposes of providing venue via the Site and facilitating payment pursuant to this Agreement.
Upon acceptance of a quote, the Buyer agrees to purchase, and the Seller agrees to deliver, the services and deliverables in accordance with: (a) this Agreement; (b) the agreement between the Buyer and Seller, including the price, description, and any other terms and conditions communicated between Users; and (c) any other content posted on the Site by the Company (“Feature Agreement”). You agree not to enter into any agreement in conflict with this Agreement; and any provision in conflict with this Agreement is void.
You agree to act with good faith and fair dealing in the performance of the Feature Agreement. When you enter into a Feature agreement, you create a legally binding contract with another User. If you fail to comply with the obligations under this Agreement or the Feature Agreement, you may become liable to the other User. If you suffer from a breach of obligations due to you from another User, you are solely responsible for enforcing you own rights. The Company has no responsibility for enforcing any User rights.
Depending on the jurisdiction, you may have rights that cannot be lawfully excluded or waived. Nothing in this Agreement is intended to override any rights that may not be excluded by law, but does serve to limit the Company’s liability to the maximum extent permitted by law.
You agree that all Sellers are considered independent contractors of Buyers. Nothing in this Agreement shall create a partnership, joint venture, agency, or employer-employee relationship between Users or between you and the Company.
As such, Sellers must provide their own equipment, tools, and other materials at their own expense. Neither the Buyer nor the Company will withhold or make payments for social security, unemployment insurance, disability insurance, or worker’s compensation on Seller’s behalf. Sellers agree to indemnify and defend the Buyer and the Company against any and all such taxes or contributions, including penalties and interest.
In all transactions related to Features offered through the Site, the following ownership structure for the Features shall apply:
· The Seller grants to the Buyer, their successors and assigns, and licenses the exclusive right to record, produce and reproduce the Feature, for non-commercial promotional use only. These rights include use of the lyrics for advertising, marketing, and promotion of the final song.
· The Seller grants to the Buyer, their successors and assigns, and licenses the exclusive right to reproduce, perform, and edit any existing recordings of the Feature, or any portion thereof, for use in a final song product, for non-commercial promotional uses only.
· The Seller grants to the Buyer, their successors and assigns, and licenses the exclusive right to exhibit, distribute, exploit, market, and perform the Feature throughout the universe in any and all media now known or hereafter devised, so long as the Feature is used for non-commercial promotional uses only.
· The Seller shall retain all rights to the musical compositions, lyrics, and sound recordings for the Feature. The Buyer shall retain all rights to the final song.
· The Buyer shall grant to the Seller the right to use the final song, created by the Buyer, for non-commercial promotional use only. This does not include public performance or distribution, and does not include any distribution that may generate revenue.
Rapfeatures.com offers Payment Services which give you information about your account and allow you to deposit and withdraw funds from your Account. These Payment Services utilize the tools from Paypal.com, due to their reputation as a safe and reliable payment service. If you do not have a PayPal account, you may still pay for Features with a debit or credit card through PayPal.
All Registered Users’ Accounts keep track of payments made, due, and invoices. By registering, you agree that you will not receive interest or other earnings on the funds that the Site manages. You agree to make and receive any and all payments from other Users through the Payment Services provided by the Site. All amounts will be made in U.S. Dollars.
Upon agreeing to the terms of a Feature Agreement, the Buyer may deposit funds to act as an advanced payment. The Company will hold these funds until one of the following occurs:
a. The Buyer agree that the funds should be released to the Seller;
b. Both Users have concluded the Dispute Resolution Process; or
c. The Buyer notifies the Site to release the funds to the Seller.
Where the Buyer requests funds be paid to the Seller, the Site will do so if
a. The Buyer has already paid the required amount to the Site;
b. All funds have cleared;
c. The Buyer agrees to the Acceptance of Services; and
d. The applicable service charges are deducted.
All payments must be made through the Site. When a Buyer agrees to release the payment to the Seller, the Site shall deduct the appropriate service charge due to the Site and deliver the remainder to the Seller. The Site’s agreement to allow any payment, less service charges, is expressly conditioned on:
a. The deposit of sufficient funds to make the payment as well as applicable service charges; and
b. Resolution of all outstanding disputes with respect to the invoice.
Sellers can request to withdraw funds from their account. Rapfeatures.com process payments every business day, and will send money to the Seller’s PayPal account. Once payment has been processed, it is subject to the holding periods and timescales imposed by the PayPal clearing system.
Rapfeatures.com deducts service charges from the total project costs, including the Company’s service fees for creating, hosting, maintaining, and providing the Site; and payment processing fees the Company incurs to banks, credit card companies, PayPal, and other payment processors.
Such fees are deducted directly from the funds posted through Paypal.com before final payment to the Seller. By engaging in a transaction with Rapfeatures.com, whether as a Buyer or Seller, you agree and permit Rapfeatures.com to remove the fees from the Paypal.com account.
For more information regarding the fees currently charged by Rapfeatures.com, you can visit the fees page here. These fees may change from time to time. It is your responsibility to check back often to ensure you understand the current service charges.
For any amount you authorize for payment, you agree to pay that amount and authorize the Site to retain from transactions and, as appropriate, charge said amount to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When a Buyer has agreed to release payment to the Seller then, (1) the Site shall have no liability to any party with respect to payment for such services, (2) the Buyer acknowledges that the Site has provided a complete service in respect of the payment made by the Buyer; and (3) the Buyer hereby releases the Site from any and all liability with respect to such Payment.
Once funds have been deposited, Rapfeatures.com will not refund any payments made. Funds from order refunds are returned to the Buyer’s balance and are available for future purchases on Rapfeatures.com.
The Site reserves the right, in its sole discretion, to place a hold on requested transfers if the Site suspects funds may be subject to charge back, bank reversal, failure to clear, or fraud. The Site will release a hold as soon as practical.
The Site is not your agent with respect to any funds transferred to the Site. Each Seller shall discharge and credit Buyers for all payments made by the Site to the Seller.
The Site offers payment provider services by creating, hosting, and maintaining a payment system to Users via the internet. The Site does not have any control over the services invoiced or paid through our payment services. The Site does not control whether a User will actually complete the transaction.
The Site is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion, or workmanship of any work product sold as a Feature. Nothing in these Terms of Service will be deemed to constitute the Site as your agent with respect to any service purchased and sold by Registered Users through the Site, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
By using the Site’s payment services, you expressly acknowledge that (a) the Site is not acting as a trustee or a fiduciary of Buyers or Sellers and that the Site’s payment services are provided to Registered Users administratively; (b) the Site is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the payment services are payment services rather than a banking services; (c) THE SITE IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH THE SITE ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
The Site reserves the right to seek reimbursement, and you agree to reimburse the Site, for any fraudulent transaction (like a stolen credit card), erroneous or duplicate transaction, or if the Site receives a charge back or reversal for any reason. In such a case, you agree that the Site has the right to obtain reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement using any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Any funds that the Site suspects may have been received fraudulently (like from a stolen credit card) will be reversed. You agree that the Site has the right to investigate any transactions for fraud, and agree to comply with any reasonable request from the Site to further that effort. The Site may suspend a withdrawal, or if the withdrawal has already been processed, may terminate the account or pursue any other legal remedies available to the Site to recover the funds. Any User whose account is terminated by the Site for violation of this Agreement will receive no credit or payment, and will become liable for certain fees described in this Agreement.
Users are strongly encouraged to settle conflicts among themselves. To this end, Rapfeatures.com offers Dispute Resolution tools built in to the Feature workroom. If the Users are unable to settle the dispute, then either party may contact Rapfeatures.com customer service for further assistance.
By using Rapfeatures.com, you expressly agree that you will rely on the Site’s dispute resolution and not another service. Specifically, you may not file a dispute or reverse a payment through Paypal, your credit card, or your bank prior to resolving the matter through Rapfeatures.com and the Company’s customer service. Failure to comply may lead to account suspension to investigate possible security violations.
Any disputes regarding the posting of unauthorized copyright material on Rapfeatures.com must go through the DMCA process, outlined here.
RAPFEATURES.COM AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND ‘‘AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
The information contained on the Site is for public use and information only. You assume the risk of using or relying on such information. The Company, its agencies or employees, shall not be held liable for any improper or incorrect use of the information contained on the Site, and assumes no responsibility for anyone’s use of the information. The Company is not responsible for any offers, products, services, statements, information, or content made available by third parties and provided by any off-site page referenced on this Site by link.
Although the data found using the Site has been produced and processed from sources believed to be reliable, portions of such information may be incorrect or not current. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Relying on information contained on these sites is done at one’s own risk. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information.
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, homepages, and files are reorganized. The Company may make improvements and/or changes in the information and/or programs described herein at any time. Reasonable efforts are made to keep the Site available for use; however access is not guaranteed and the Company does not warrant that the service will be uninterrupted or error free. This Site is not guaranteed to be free of all viruses and technical defects of any description. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Site.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (“LOSSES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SITE OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY THE SITE FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly release the Company, its officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute with another User.
Youare responsible for the creation, storage, and backup of business records. This Agreement and any registration for or subsequent use of this Site will not be construed as creating any responsibility on the Company to store, backup, retain, or grant access to any information or data for any period.
You agree to defend, indemnify and hold harmless the Company, its related entities, affiliates, and respective officers, directors, agents, and employees, from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
The Site may provide, or third parties may provide, links to other websites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree:
(a) that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources;
(b) that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource; and
(c) that the Company shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Site listings or search results, or that is otherwise provided to the Company by third parties.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
If you believe that material or content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
418 W Garden St
Penscaola, FL 32502
Rapfeatures.com takes copyright protection very seriously and fully abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of copyright infringement. For this reason, it has implemented procedures for receiving and processing claims of infringement, pursuant to 17 USC § 512 as amended by Title II of the DMCA. If you believe that material or content residing on or accessible through the Site infringes a copyright, please provide written notice to the Site that complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A) (“Notice”). Notice shall include the following:
1. A reasonably sufficient description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
2. A reasonably sufficient identification of the infringing material on the Site which you are requesting to have removed or disabled, so that we may easily locate it (this could include the title, author, User, URL, etc).
3. Your name, address, telephone number, and email address where you may be contacted.
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
A new notice of infringement is required for each claim of infringement. Please mail your notice to our Designated Agent:
418 W Garden St
Penscaola, FL 32502
The Site does not control content hosted on third party sites, and cannot remove content from sites it does not control. If you believe infringing content is hosted on a third party site, you must contact the administrator of that site to have the content removed.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is the Company’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material so that they may make a counter-notification in accordance with the DMCA; and
3. that for repeat offenders, Company will also terminate such content provider's, member's or user's access to the service.
If material you have posted to the Site has been taken down due to copyright infringement, or you receive communication from the Site that a DMCA Notice has been received, you may file a counter-notification which shall include the following:
1. A reasonably sufficient description of the material that was removed or about which you received notice (this could include the title, author, User, URL, etc).
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or under Notice as a result of a mistake or misidentification of the material in question.
3. Your name, address, telephone number, and email address where you may be contacted.
4. A statement consenting the jurisdiction of the Federal District Court for judicial district in which your address is located, or if your address is outside the United States, from any judicial district where the Company is located, and that you will accept service of process from the person who submitted the Notice in compliance with DMCA section (c)(1)(C).
5. Your physical or electronic signature.
Please mail your counter-notice to our Designated Agent at:
418 W Garden St
Penscaola, FL 32502
On receipt of the counter-notice, the Site will provide a copy of the counter-notice to the complaining party. The Site will usually replace the removed or disabled material on receipt of the counter-notice, unless the Site receives notice from the complaining party that an action has been filed seeking a court order to remove the material.
If a counter-notice is received by the Site, the Site may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
This Agreement, the rights and obligations of the parties hereto, and any claims or disputes thereto, shall be governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law principles.
9.2.1 Arbitration.All disputes under this Agreement shall be settled pursuant to binding arbitration under the rules of the American Arbitration Association (“AAA”) before a single arbitrator in Pensacola, Florida.Parties waive any right to adjudicate the dispute in any other court or forum, except that a party may seek interim relief before the start of Arbitration as allowed under the AAA Rules. The Parties shall abide by any decision in the arbitration and any court having jurisdiction may enforce it.The prevailing party will be entitled to recover reasonable attorney fees and costs.
9.2.2 Delegation Clause. The Arbitrator and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute 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.
9.2.3 No Class Actions. You may only resolve disputes with Rapfeatures.com on an individual basis. You may not bring any claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.
User may not assign its rights or obligations hereunder. Company may freely assign its rights and obligations hereunder.
Except for the payment of fees to the Site, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
This Agreement is the entire agreement of the parties and supersedes any prior or contemporaneous agreements between them, whether written or oral, with respect to the subject matter hereof.
If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent of the parties.
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Rapfeatures.com, located in Pensacola, Florida, is the provider of the electronic commercial service on the Site. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact Rapfeatures.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at [email protected]
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.