Last updated: July 01, 2020 Please read these terms and conditions carefully before
using Our Service. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have
meanings defined under the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions: Application
means the software program provided by the Company downloaded by You on any
electronic device, named Pinnacle Radio Application
Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
Application has been downloaded. Affiliate
means an entity that controls, is controlled by or is under common control with
a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of
directors or other managing authority. Account
means a unique account created for You to access our Service or parts of our
Service. Company
(referred to as either "the Company", "We", "Us"
or "Our" in this Agreement) refers to Pinnacle Hip Hop Radio, LLC,
2155 Broadview Rd Up Cleveland, OH 44109. Country
refers to: Ohio, United States Device
means any device that can access the Service such as a computer, a cellphone or
a digital tablet. Goods
refer to the items offered for sale on the Service. Orders
mean a request by You to purchase Goods from Us. Service
refers to the Application or the Website or both. Subscriptions
refer to the services or access to the Service offered on a subscription basis
by the Company to You. Free
Trial refers to a limited period of time that may be free when purchasing a
Subscription. Terms
and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company regarding
the use of the Service. Third-party
Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be
displayed, included or made available by the Service. Website
refers to The Pinnacle Hip Hop Radio, accessible from https://www.pinnaclehiphop.com You
means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the
Service, as applicable. Acknowledgment These are the Terms and Conditions governing the use of this
Service and the agreement that operates between You and the Company. These
Terms and Conditions set out the rights and obligations of all users regarding
the use of the Service. Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use the
Service. By accessing or using the Service You agree to be bound by these
Terms and Conditions. If You disagree with any part of these Terms and
Conditions then You may not access the Service. You represent that you are over the age of 18. The Company
does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on
Your acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your personal information when You use the Application or the
Website and tells You about Your privacy rights and how the law protects You.
Please read Our Privacy Policy carefully before using Our Service. Placing Orders for Goods By placing an Order for Goods through the Service, You
warrant that You are legally capable of entering into binding contracts. Your Information If You wish to place an Order for Goods available on the
Service, You may be asked to supply certain information relevant to Your Order
including, without limitation, Your name, Your email, Your phone number, Your
credit card number, the expiration date of Your credit card, Your billing
address, and Your shipping information. You represent and warrant that: (i) You have the legal right
to use any credit or debit card(s) or other payment method(s) in connection
with any Order; and that (ii) the information You supply to us is true, correct
and complete. By submitting such information, You grant us the right to
provide the information to payment processing third parties for purposes of
facilitating the completion of Your Order. Order Cancellation We reserve the right to refuse or cancel Your Order at any
time for certain reasons including but not limited to: ·Goods availability ·Errors in the description or prices for Goods ·Errors in Your Order We reserve the right to refuse or cancel Your Order if fraud
or an unauthorized or illegal transaction is suspected. Your Order Cancellation Rights Any Goods you purchase can only be returned in accordance
with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and
Conditions. Please read our Returns Policy to learn more about your right to
cancel Your Order. Your right to cancel an Order only applies to Goods that are
returned in the same condition as You received them. You should also include
all of the products instructions, documents and wrappings. Goods that are
damaged or not in the same condition as You received them or which are worn
simply beyond opening the original packaging will not be refunded. You should
therefore take reasonable care of the purchased Goods while they are in Your
possession. We will reimburse You no later than 14 days from the day on
which We receive the returned Goods. We will use the same means of payment as
You used for the Order, and You will not incur any fees for such reimbursement. You will not have any right to cancel an Order for the
supply of any of the following Goods: ·The supply of Goods made to Your specifications
or clearly personalized. ·The supply of Goods which according to their
nature are not suitable to be returned, deteriorate rapidly or where the date
of expiry is over. ·The supply of Goods which are not suitable for
return due to health protection or hygiene reasons and were unsealed after
delivery. ·The supply of Goods which are, after delivery,
according to their nature, inseparably mixed with other items. ·The supply of digital content which is not
supplied on a tangible medium if the performance has begun with Your prior
express consent and You have acknowledged Your loss of cancellation right. Availability, Errors and Inaccuracies We are constantly updating Our offerings of Goods on the
Service. The Goods available on Our Service may be mispriced, described
inaccurately, or unavailable, and We may experience delays in updating
information regarding our Goods on the Service and in Our advertising on other
websites. We cannot and do not guarantee the accuracy or completeness
of any information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any time
without prior notice. Prices Policy The Company reserves the right to revise its prices at any
time prior to accepting an Order. The prices quoted may be revised by the Company subsequent
to accepting an Order in the event of any occurrence affecting delivery caused
by government action, variation in customs duties, increased shipping charges,
higher foreign exchange costs and any other matter beyond the control of the
Company. In that event, You will have the right to cancel Your Order. The company has the right to adjust subscription prices with 30 days notice to users. Price changes will take effectuate the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the service after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by unsubscribing from the Premium subscription prior to the price change going into effect. Payments All Goods purchased are subject to a one-time payment.
Payment can be made through various payment methods we have available, such as
Visa, MasterCard, Affinity Card, American Express cards or online payment
methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to
validation checks and authorization by Your card issuer. If we do not receive
the required authorization, We will not be liable for any delay or non-delivery
of Your Order. Subscriptions Subscription period The Service or some parts of the Service are available only
with a paid Subscription. You will be billed in advance on a recurring and
periodic basis (such as daily, weekly, monthly or annually), depending on the
type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will
automatically renew under the exact same conditions unless You cancel it or the
Company cancels it. Taxes may apply. Subscription cancellations You may cancel Your Subscription renewal either through Your
Account settings page or by contacting the Company. You will not receive a
refund for the fees You already paid for Your current Subscription period and
You will be able to access the Service until the end of Your current
Subscription period. Billing You shall provide the Company with accurate and complete
billing information including full name, address, state, zip code, telephone
number, and a valid payment method information. Should automatic billing fail to occur for any reason, the
Company will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding
to the billing period as indicated on the invoice. Fee Changes The Company, in its sole discretion and at any time, may
modify the Subscription fees. Any Subscription fee change will become effective
at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of
any change in Subscription fees to give You an opportunity to terminate Your
Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee
change comes into effect constitutes Your agreement to pay the modified
Subscription fee amount. Refunds Except when required by law, paid Subscription fees are
non-refundable. Certain refund requests for Subscriptions may be considered
by the Company on a case-by-case basis and granted at the sole discretion of
the Company. Free Trial The Company may, at its sole discretion, offer a
Subscription with a Free trial for a limited period of time. You may be required to enter Your billing information in
order to sign up for the Free trial. If You do enter Your billing information when signing up for
a Free Trial, You will not be charged by the Company until the Free trial has
expired. On the last day of the Free Trial period, unless You cancelled Your
Subscription, You will be automatically charged the applicable Subscription
fees for the type of Subscription You have selected. At any time and without notice, the Company reserves the
right to (i) modify the terms and conditions of the Free Trial offer, or (ii)
cancel such Free trial offer. User Accounts When You create an account with Us, You must provide Us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of Your account on Our Service. You are responsible for safeguarding the password that You
use to access the Service and for any activities or actions under Your
password, whether Your password is with Our Service or a Third-Party Social
Media Service. You agree not to disclose Your password to any third party.
You must notify Us immediately upon becoming aware of any breach of security or
unauthorized use of Your account. You may not use as a username the name of another person or
entity or that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive, vulgar or
obscene. Intellectual Property The Service and its original content (excluding Content
provided by You or other users), features and functionality are and will remain
the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other
laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of the Company. Links to Other Websites Our Service may contain links to third-party web sites or
services that are not owned or controlled by the Company. The Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party web sites or services. You further acknowledge and agree 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 the use of or
reliance on any such content, goods or services available on or through any
such web sites or services. We strongly advise You to read the terms and conditions and
privacy policies of any third-party web sites or services that You visit. Termination We may terminate or suspend Your Account immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply discontinue
using the Service. Limitation of Liability Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any provision of this
Terms and Your exclusive remedy for all of the foregoing shall be limited to
the amount actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service. To the maximum extent permitted by applicable law, in no
event shall the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits, loss of data or other information, for business
interruption, for personal injury, loss of privacy arising out of or in any way
related to the use of or inability to use the Service, third-party software
and/or third-party hardware used with the Service, or otherwise in connection
with any provision of this Terms), even if the Company or any supplier has been
advised of the possibility of such damages and even if the remedy fails of its
essential purpose. Some states do not allow the exclusion of implied warranties
or limitation of liability for incidental or consequential damages, which means
that some of the above limitations may not apply. In these states, each party's
liability will be limited to the greatest extent permitted by law. "AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and
"AS AVAILABLE" and with all faults and defects without warranty of
any kind. To the maximum extent permitted under applicable law, the Company, on
its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, the Company provides no warranty or undertaking,
and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any
other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any
of the company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the Service, or
the information, content, and materials or products included thereon; (ii) that
the Service will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain
types of warranties or limitations on applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may not apply
to You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law. Governing Law The laws of the Country, excluding its conflicts of law
rules, shall govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws. Disputes Resolution If You have any concern or dispute about the Service, You
agree to first try to resolve the dispute informally by contacting the Company. For European Union (EU) Users If You are a European Union consumer, you will benefit from
any mandatory provisions of the law of the country in which you are resident
in. United States Federal Government End Use Provisions If You are a U.S. federal government end user, our Service
is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101. United States Legal Compliance You represent and warrant that (i) You are not located in a
country that is subject to the United States government embargo, or that has
been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable
or invalid, such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right
or to require performance of an obligation under this Terms shall not effect a
party's ability to exercise such right or require such performance at any time thereafter
nor shall be the waiver of a breach constitute a waiver of any subsequent
breach. Translation Interpretation These Terms and Conditions may have been translated if We
have made them available to You on our Service. You agree that the original English
text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or
replace these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at Our
sole discretion. By continuing to access or use Our Service after those
revisions become effective, You agree to be bound by the revised terms. If You
do not agree to the new terms, in whole or in part, please stop using the
website and the Service. Contact Us If you have any questions about these Terms and Conditions,
You can contact us: By email: seanj@pinnaclehiphop.com
