By using this site (the "Site"), you ("you" or the "End User") agree to the
terms and conditions that we ("HipHopBlog.com dba/HipO") have provided.
If you do not wish to agree to these terms and conditions (the "Terms of
Use" or "Agreement"), please refrain from using the Site.
1. General.
The Site provides an interactive online service operated by
HipHopBlog.com, Inc. on the World Wide Web of the Internet (the "Web"),
consisting of information services, content and transaction capabilities
facilitated through HipO, affiliates of HipO or merchants ("Merchants")
offering vouchers for sale ("Vouchers") which may be exchanged for
goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of
this Site by the End User. By using this Site (other than to read this
Agreement for the first time), End User agrees to comply with all of the
terms and conditions hereof. The right to use this Site is personal to End
User and is not transferable to any other person or entity. End User shall be
responsible for protecting the confidentiality of End User’s password(s), if
any. End User acknowledges that, although the Internet is often a secure
environment, sometimes there are interruptions in service or events that are
beyond the control of HipHopBlog.com, and HipHopBlog.com shall not be
responsible for any data lost while transmitting information on the Internet.
While it is HipHopBlog.com’s objective is to make the Site accessible 24
hours per day, 7 days per week, the Site may be unavailable from time to
time for any reason including, without limitation, routine maintenance. You
understand and acknowledge that due to circumstances both within and
outside of the control of HipHopBlog.com, access to the Site may be
interrupted, suspended or terminated from time to time.
HipHopBlog.com shall have the right at any time to change or discontinue
any aspect or feature of the Site, including, but not limited to, content, hours
of availability and equipment needed for access or use. Further,
HipHopBlog.com may discontinue disseminating any portion of information
or category of information, may change or eliminate any transmission
method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must
be at least 18 years old to be eligible to use the HipO feature on the Site.
However, if you are at least 13 years old but not yet 18, you may use the non
HipO features of the Site. No one under age 13 may use the Site.
2. Modified Terms.
HipHopBlog.com reserves the right at all times to discontinue or modify any
of our Terms of Use and/or our Privacy Policy as we deem necessary or
desirable. Such changes may include, among other things, the adding of
certain fees or charges. If HipHopBlog.com makes any substantial changes,
we will notify you by sending you an e-mail to the e-mail address that is
registered with your account and/or by posting notice of the change on the
Site. Any changes to these Terms of Use will be effective upon the earlier of
our dispatch of an e-mail notice to you or our posting of notice of the
changes on our Site, provided that these changes will not apply to Vouchers
purchased prior to the effective date of such changes. These changes will be
effective immediately for new users of our Site and any Vouchers purchased
by such new users. We suggest to you, therefore, that you re-read this
important notice containing our Terms of Use and Privacy Policy from time
to time in order that you stay informed as to any such changes. Any use of
the Site by End User after such notice shall be deemed to constitute
acceptance by End User of such modifications.
3. Equipment.
End User shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of this
Site and all charges related thereto. HipHopBlog.com shall not be liable for
any damages to the End User’s equipment resulting from the use of this Site.
4. End User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or
state-specific sites now or hereinafter contained within or otherwise
available through external hyperlinks with our Site (the "Microsites") are
private property. All interactions on this Site and/or the Microsites must
comply with these Terms of Use. Although we welcome and encourage user
interaction on our Site, we do insist and require that all end users restrict any
and all activity in connection with the use of this Site and the Microsites to
that which involves lawful purposes only. End User shall not post or
transmit through this Site any material which violates or infringes in any
way upon the rights of others, or any material which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without HipHopBlog.com’s express
prior, written approval, contains advertising or any solicitation with respect
to products or services. Any conduct by an End User that in HipO’s
exclusive discretion restricts or inhibits any other End User from using or
enjoying this Site and/or any of the Microsites is strictly prohibited. End
User shall not use this Site or any of the Microsites to advertise or perform
any commercial, religious, political or non-commercial solicitation,
including, but not limited to, the solicitation of users of this Site and/or the
Microsites to become users of other on- or offline services directly or
indirectly competitive or potentially competitive with HipO.
The foregoing provisions of this Section 4 apply equally to and are for the
benefit of HipHopBlog.com, its subsidiaries, affiliates, Merchants and its
third-party content providers and licensors, and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the
exclusive property of HipHopBlog.com, LLC or used with express
permission of the copyright and/or trademark owner. ANY COPYING,
DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP
LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF
THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION
OF HIPO, INC. IS STRICTLY PROHIBITED. Any violation of this policy
may result in a copyright, trademark or other intellectual property right
infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of the Site
are protected by copyright as a collective work under the United States
copyright laws. HipHopBlog.com owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in
the content original to it. End User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part. End User may download,
print, and/or save copyrighted material for End User’s personal use only.
Except as otherwise expressly stated under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material without the express permission of HipHopBlogc.om or
the copyright owner is permitted. If copying, redistribution or publication of
copyrighted material is permitted, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. End User
acknowledges that he/she/it does not acquire any ownership rights by
downloading copyrighted material. Trademarks that are located within or on
the Site or a Microsite otherwise owned or operated in conjunction with
HipO shall not be deemed to be in the public domain but rather the exclusive
property of HipHopBlog.com, unless such site is under license from the
Trademark owner thereof, in which case such license is for the exclusive
benefit and use of HipO unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right. HipHopBlog.com does not have any express burden or
responsibility to provide End User with indications, markings or anything
else that may aid End User in determining whether the material in question
is copyrighted or trademarked. End User shall be solely liable for any
damage resulting from any infringement of copyrights, trademarks,
proprietary rights or any other harm resulting from such a submission. By
submitting material to any public area of this Site or any Microsite, End
User warrants that the owner of such material has expressly granted
HipHopBlog.com the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
End User also permits any other end user to access, view, store or reproduce
the material for that End User’s personal use. End User hereby grants
HipHopBlog.com the right to edit, copy, publish and distribute any material
made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the
benefit of HipHopBlog.com, its subsidiaries, affiliates, Merchants and its
third party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy.
HipHopBlog.com reserves the right to terminate its agreement with any End
User who repeatedly infringes third-party copyright rights upon prompt
notification to HipHopBlog.com by the copyright owner or the copyright
owner’s legal agent. Without limiting the foregoing, if you believe that a
copyrighted work has been copied and posted via the Site or any Microsite
in a way that constitutes copyright infringement, you shall provide
HipHopBlog.com with the following information: (a) an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyrighted work; (b) an identification and location on the Site or any
Microsite of the copyrighted work that you claim has been infringed; (c) a
written statement by you that you have a good faith belief that the disputed
use is not authorized by the owner, its agent, or the law; (d) your name and
contact information, such as telephone number or e-mail address; and (e) a
statement by you that the above information in your notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized to
act on the copyright owner’s behalf. Contact information for
HipHopBlog.com’s Copyright Agent for notice of claims of copyright
infringement is as follows:
HipHopBlog.com, LLC
Attn: DMCA/Copyright Agent
2870 Preachtree Rd
#236 Atlanta, GA 30305
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND
THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER HIPO,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR
LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR
ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY
MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED
THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN
"AS IS" AND "AS AVAILABLE" BASIS. HIPO HEREBY DISCLAIMS
ANY AND ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL HIPO, BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
IN NO EVENT WILL HIPHOPBLOG.COM’S LIABILITY IN
CONNECTION WITH A HIPO EXCEED THE AMOUNTS PAID FOR
SUCH HIPO, AND TOTAL AGGREGATE LIABILITY ARISING OUT
OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE
AMOUNTS PAID BY END USER DURING THE SIX MONTHS
PRECEDING THE BRINGING OF ANY CLAIM.
9. Monitoring.
HipHopBlog.com shall have the right, but not the obligation, to monitor the
content of the Site and any Microsites at all times, including any chat rooms
and forums that may hereinafter be included as part of the Site, to determine
compliance with this Agreement and any operating rules established by
HipHopBlog.com, as well as to satisfy any applicable law, regulation or
authorized government request. Without limiting the foregoing,
HipHopBlog.com shall have the right, but not the obligation, to remove any
material that HipHopBlog.com, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
10. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin
board service, chat rooms and/or other message or communication facilities
(collectively "Communities") are public and not private communications,
and that, therefore, others may read End User’s communications without
End User’s knowledge. HipHopBlog.com does not control or endorse the
content, messages or information found in any Community, and, therefore,
HipHopBlog.com specifically disclaims any liability concerning the
Communities and any actions resulting from End Users’ participation in any
Community, including any objectionable content. Generally, any
communication which End User posts to HipHopBlog.com (whether in chat
rooms, discussion groups, message boards or otherwise) is considered to be
non-confidential. If particular web pages permit the submission of
communications that will be treated by HipHopBlog.com as confidential,
that fact will be stated on those pages. By posting comments, messages or
other information on the Site or any Microsite, End User grants HipO the
right to use such comments, messages or information for promotions,
advertising, market research or any other lawful purpose without territorial,
time or other limitation. For more information see HipHopBlog.com’s
Privacy Policy.
11. License Grant.
By posting communications on or through this Site or any Microsite, End
User shall be deemed to have granted to HipHopBlog.com a royalty-free,
perpetual, irrevocable, non-exclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology whether
now known or hereafter developed without territorial or time limitations, and
to sublicense such rights through multiple tiers of sublicensees.
12. Indemnification/Release.
End User agrees to defend, indemnify and hold harmless HipHopBlog.com,
its affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including attorneys’ fees, arising
out of or related to any products or services purchased by End User in
connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other
users of the Site or Microsites. To the extent permitted under applicable
laws, End User hereby releases HipHopBlog.com from any and all claims or
liability related to any product or service of a Merchant, any action or inaction
by Merchant, including Merchant’s failure to comply with applicable
law and/or failure to abide by the terms of a Voucher, and any conduct or
speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California
Civil Code Section 1542 (and any similar provision in any other jurisdiction)
which states: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his settlement
with the debtor."
13. Termination.
HipHopBlog.com may terminate this Agreement at any time. Without
limiting the foregoing, HipHopBlog.com shall have the right to immediately
terminate or suspend any passwords or accounts of End User in the event of
any conduct by End User or which HipHopBlog.com, in its sole discretion,
considers to be unacceptable, or in the event of any breach by End User of
this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will
survive termination of this Agreement."
14. Trademarks.
HipO is a trademark of HipHopBlog, LLC All rights in respect of this
trademark are hereby expressly reserved. Unless otherwise indicated, all
other trademarks appearing on HipHopBlog.com are the property of their
respective owners.
15. Third-Party Content.
HipHopBlog.com, similar to an Internet Service Provider, is a distributor
(and not a publisher) of content supplied by third parties and End Users.
Accordingly, HipO has no more editorial control over such content than
does a public library, bookstore or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, or any
other end users are those of the respective author(s) or distributor(s) and not
of HipHopBlog.com.
In many instances, the content available through this Site represents the
opinions and judgments of the respective information provider, end user, or
other user not under contract with HipHopBlog.com. HipHopBlog.com
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, or statement made on HipHopBlog.com by anyone other
than authorized HipHopBlog.com employee spokespersons while acting in
official capacities. Under no circumstances will HipHopBlog.com be liable
for any loss or damage caused by an end user’s reliance on information
obtained through HipHopBlog.com. It is the responsibility of End User to
evaluate the accuracy, completeness, or usefulness of any information,
opinion, advice, etc., or other content available through HipHopBlog.com.
HipHopBlog.com contains links to third-party websites maintained by other
content providers. These links are provided solely as a convenience to you
and not as an endorsement by HipHopBlog.com of the contents on such
third-party sites, and HipHopBlog.com hereby expressly disclaims any
representations regarding the content or accuracy of materials on such thirdparty
websites. If End User decides to access linked third-party websites,
End User does so at its own risk. Unless you have executed a written
agreement with HipHopBlog.com expressly permitting you to do so, you
may not provide a hyperlink to the Site or any Microsite from any other
website. HipHopBlog.com reserves the right to revoke its consent to any link
at any time in its sole discretion.
16. Miscellaneous.
This Agreement, including the Terms of Sale set forth below (which are
incorporated into this Agreement), and any operating rules for HipO
established by HipHopBlog.com, constitute the entire agreement of the
parties with respect to the subject matter hereof. No waiver by either party of
any breach or default hereunder is a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall be of no legal force or effect. If any provision of this Agreement is
held invalid by a court of competent jurisdiction, such invalidity shall not
affect the enforceability of any other provisions contained in this Agreement,
and the remaining portions of this Agreement shall continue in full force and
effect. The failure of either party to exercise any of its rights under this
Agreement shall not be deemed a waiver or forfeiture of such rights or any
other rights provided hereunder.
17. Arbitration.
By using this Site, End User agrees that:
(1) any claim, dispute, or
controversy End User may have against HipHopBlog.com arising out of,
relating to, or connected in any way with this Agreement, this Site, or any
Microsite, or the purchase or sale of any Voucher(s), shall be resolved
exclusively by final and binding arbitration administered by the American
Arbitration Association ("AAA") and conducted before a single arbitrator
pursuant to the applicable Rules and Procedures established by AAA
("Rules and Procedures"); (2) the arbitration shall be held at a location
determined by AAA pursuant to the Rules and Procedures (provided that
such location is reasonably convenient for End User), or at such other
location as may be mutually agreed upon by End User and
HipHopBlog.com; (3) the arbitrator shall apply Illinois law consistent with
the Federal Arbitration Act and applicable statutes of limitations, and shall
honor claims of privilege recognized at law; (4) there shall be no authority
for any claims to be arbitrated on a class or representative basis; arbitration
can decide only the End User’s and/or HipHopBlog.com’s individual claims;
and the arbitrator may not consolidate or join the claims of other persons or
parties who may be similarly situated; (5) in the event that the End User is
able to demonstrate that the costs of arbitration will be prohibitive as
compared to the costs of litigation, HipHopBlog.com will pay as much of
the End User’s filing and hearing fees in connection with the arbitration as
the arbitrator deems necessary to prevent the arbitration from being costprohibitive;
and (6) with the exception of subpart (4) above, if any part of
this arbitration provision is deemed to be invalid, unenforceable or illegal, or
otherwise conflicts with the Rules and Procedures established by AAA, then
the balance of this arbitration provision shall remain in effect and shall be
construed in accordance with its terms as if the invalid, unenforceable,
illegal or conflicting provision were not contained herein. If, however,
subpart (4) is found to be invalid, unenforceable or illegal, then the entirety
of this Arbitration Provision shall be null and void, and neither End User nor
HipHopBlog.com shall be entitled to arbitrate their dispute. For more
information on AAA and its Rules and Procedures, End Users may visit the
AAA website at http://www.adr.org.
18. Disclosures.
For Florida residents purchasing Vouchers where the Merchant is a
healthcare provider: The patient and any other person responsible for
payment has a right to refuse to pay, cancel payment or be reimbursed for
payment for any service, examination or treatment that is performed as a
result of and within 72 hours of responding to the advertisement for the free,
discounted fee or reduced fee service, examination or treatment. In most
states, businesses not exclusively owned by physicians are prohibited from
practicing medicine.
HipHopBlog.com is located at 2870 Rd, # 236, Atlanta, GA 30305. If you
are a California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You
should note that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist
you in limiting access to material that is harmful to minors. Current
providers of such protections can be found at:
http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
II.TERMS OF SALE
All vouchers printed from the Site or any Microsite, or any other website
associated with HipO (hereinafter "Vouchers") are promotional vouchers
that may be purchased from participating merchants ("Merchants") through
HipO to be used in exchange for goods and services at a discount from their
actual cost. By placing an order for a Voucher from a Merchant through
HipO, you make an offer to purchase the Vouchers you have selected on the
terms and conditions stated below. For more information about our
collection of personal information, please view our Privacy Policy. You are
required to create an account in order to purchase any Voucher. This is
required so we can provide you with easy access to print your orders, view
your past purchases, modify your preferences, and to ensure permissible use
of the Voucher.
The Voucher you purchase through HipO is redeemable for goods or
services by the Merchant. The Merchant, not HipO, is the seller of the
Voucher and the goods and services and is solely responsible for redeeming
any Voucher you purchase. HipO sells a Voucher that can be redeemed in
connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, "Restaurant" shall be defined as a Merchant who offers
food and beverage for sale in its regular business operations, and is making
such food and beverages available to purchasers of Vouchers.
• Redemption frequency is determined by Restaurants, and shall be
contained in the Voucher offer on the Site.
• Use of Restaurant-Specific Vouchers for alcoholic beverages is at the
sole discretion of the Restaurant and is subject to compliance with
applicable law
• Vouchers cannot be combined with any other restaurant vouchers,
third party certificates, coupons, or promotions, unless otherwise
specified by Restaurant.
• Restaurant-Specific Vouchers cannot be used for taxes, tips or prior
balances, unless permitted by the Restaurant.
• Valid for dine in only unless otherwise stated.
• The issuing of restaurant credit is at the sole discretion of the
Restaurant unless otherwise required by applicable law.
• Neither HipHopBlog.com nor the Restaurant is responsible for lost or
stolen Vouchers or restaurant Voucher reference numbers.
• Reproduction, sale or trade of a Restaurant-Specific Voucher is
prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms &
conditions will render the Restaurant-Specific Voucher void.
• Void to the extent prohibited by law.
• If you redeem the Voucher for less than its face value, you will only
be entitled to a credit or cash from the Restaurant, equal to the
difference between the face value and the amount you redeemed, if
required by applicable law. You will only be entitled to a continuing
redemption value as noted above if the amount that you paid for the
Voucher exceeds the amount you redeemed. For example, if you paid
$20 for a Voucher which entitles you to purchase $50 of product by
February 1, 2010 and you make a purchase for $40 on January 30,
2010, you will only be entitled to a credit or cash equal to the
difference between the $50 face value and the amount you redeemed
from the Merchant (i.e., $10) if required by applicable law. You will
not have any redemption value either because the amount you
redeemed is more than what you paid for the Voucher.
• All purchases of Vouchers for Restaurants may have statutory
limitations on the amount of the Voucher value that can be redeemed
for alcoholic beverages. For example, for customers purchasing
Vouchers for Restaurants in Ohio, the redemption of the Voucher may
be subject to the limitations imposed by the Ohio Revised Code Title
[43] XLIII, Section 4301.01, which imposes a limitation of redeeming
Vouchers at restaurants that serve both food and alcoholic and
intoxicating liquor beverages, such that the redemption of such
Voucher can only be applied to alcoholic and intoxicating liquor
beverages for up to 30% of the value of the Voucher. Compliance
with state statutes or codes (for example, the Ohio Revised Code) is
the responsibility of the Merchant. HipHopBlog.com’s sole role in the
transaction is as a marketing agent for the Merchant Voucher, and the
applicability and compliance with any relevant statute or code is
solely determined and consummated by the Merchant, and
HipHopBlog.com has no role in such determination or action on the
part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
• Merchant Voucher may be applied only to merchandise sold by
Merchant, and may not be applied to shipping or handling charges.
• Limit one (1) Voucher per redemption. Only one Voucher can be used
per order unless otherwise specified by Merchant.
• The issuing of credit is at the sole discretion of the Merchant unless
otherwise required by law.
• Neither HipHopBlog.com nor the Merchant is responsible for lost or
stolen Vouchers or Voucher’s reference number.
• Voucher cannot be combined with any other vouchers, third party
certificates, coupons, or promotions, unless otherwise specified by
Merchant.
• Reproduction, sale or trade of this Voucher is prohibited unless done
so in compliance with applicable law.
• Any attempted redemption not consistent with these terms and
conditions will render the Voucher null and void.
• Void to the extent prohibited by law.
• If you redeem the Voucher for less than its face value, you will only
be entitled to a credit or cash equal to the difference between the face
value and the amount you redeemed from the Merchant if required by
law. You will only be entitled to a continuing redemption value as
noted above if the amount that you paid for the Voucher exceeds the
amount you redeemed. For example, if you paid $20 for a Voucher
which entitles you to purchase $50 of product by February 1, 2010
and you make a purchase for $40 on January 30, 2010, you will only
be entitled to a credit or cash equal to the difference between the $50
face value and the amount you redeemed from the Merchant (i.e., $10)
if required by applicable law. You will not have any redemption value
either because the amount you redeemed is more than what you paid
for the Voucher.
3. Additional Terms and Conditions for All HipO Vouchers.
All Vouchers shall be subject to the terms and conditions of HipO and the
participating Restaurant or Merchant. The Merchant or Restaurant are the
sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant.
The holder and issuer of a Merchant Voucher is the Merchant. As a holder
and issuer of the Voucher, the Restaurant or Merchant shall be fully
responsible for any and all injuries, illnesses, damages, claims, liabilities and
costs suffered by or in respect of a customer, caused in whole or in part by
the Restaurant or the Merchant, as well as for any unclaimed property
liability arising from unredeemed Vouchers or portions thereof. You waive,
and release HipHopBlog.com and its officers, directors, employees and
agents from, any claim, liabilities, damages, or injury arising from or related
to any act or omission of Merchant or Restaurant in connection with a
Voucher or the services/goods provided in connection therewith and/or as it
relates to compliance with applicable unclaimed property and other laws
relating to the redemption of the Vouchers or any portion thereof.
Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in
their entirety and on a one time basis only and may not be redeemed
incrementally.
According to applicable law, the Merchant may be responsible for allowing
you to redeem your Voucher for the cash value based on the money you
actually paid for your Voucher (i.e. if you paid $20 for a Voucher which
gives you $50 of value to the Merchant, the cash value that you paid is $20,
not $50), for a period of time that extends beyond the expiration date on the
Voucher. While the expiration date on the Voucher dictates the last date that
you can use your Voucher at Merchant for the promotional offer stated on
the HipO, applicable law may provide that the Merchant is responsible for
honoring the cash value that you paid for your Voucher for a period of time
beyond the expiration date stated on the Voucher. In other words, you
should be allowed to redeem the cash value (or purchase price) of your
Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the
minimum length of time allowed by applicable law for a Voucher to expire.
In the event that you have an expired Voucher and would like to redeem it
for the price you paid to acquire it, please contact the Merchant. Once again,
the Merchant should allow such redemption if applicable law requires it, and
we have instructed the Merchant to do so. If you have gone to the Merchant
and the Merchant has refused to redeem the cash value of your expired
Voucher, and if applicable law entitles you to such redemption, then please
contact HipO [and explain your situation in writing] and HipO will refund
the purchase price of the Voucher in either U.S. Dollars or credit for
purchases of future Vouchers from HipO (presently known as "O").
