TERMS OF USE

Last Updated: January 2024

Please read these Terms of Use (the “Terms”), our Privacy Policy (“Privacy Policy”), which includes our Cookie Policy) carefully because they govern your use of the website located at Rap-Up.com (the “Site”) and services accessible via the Site and corresponding mobile applications (“App”) offered by Rap-Up and any of its subsidiaries, affiliates and brands that it controls (“Rap-Up,” “we,” “us” and “our”). To make these Terms easier to read, the Site, our services, Content (as hereinafter defined) and App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RAP-UP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 20 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

IMPORTANT NOTICE REGARDING ARTIFICIAL INTELLIGENCE USAGE: AS NOTED IN SECTION 8 BELOW, USAGE OF OR ACCESS TO ANY CONTENT ON ANY OF OUR SITES OR IN THE SERVICES OR APPS FOR PURPOSES OF OR INCIDENTAL TO TRAINING ANY ARTIFICIAL INTELLIGENCE MODELS, TOOLS, SOFTWARE, APPS, OR SIMILAR TECHNOLOGIES, OR ARCHIVING CONTENT TO INCLUDE IN DATA SETS FOR ANY REASON, IS STRICTLY PROHIBITED WITHOUT RAP-UP’s EXPRESS WRITTEN CONSENT. Contact Us with your name, contact information and nature of desired access for further information.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
  3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, please discontinue your use of the Services immediately; you no longer may use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services?
  1. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (or allow others to use it) without any restriction or compensation to you.
  2. Fees. We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any terms and conditions applicable to such fee-based services shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
  3. Your Content.
  1. Intellectual Property Rights. We may make available through the Services content that is subject to intellectual property rights (“Content”), including without limitation copyright and trademark rights, provided that we make no representation or warranty with respect to that Content. As between you and Rap-Up, Rap-Up retains all rights to all such Content. We own all right, title and interest in any compilation, collective work or other derivative work and any modifications created by us using or incorporating your User Content and/or the Content. You are permitted to access and view the Content solely for personal, non-commercial, non-exclusive and non-transferable purposes in accordance with these terms. You may not modify the Content; create, distribute or advertise an index of any portion of the Content; download or archive the Content; upload, distribute or license any part of the Content or the Services; or otherwise create derivative works or other materials that are derived from or based on the Content. You may not use or access, without Rap-Up’s prior express written consent, the Content or any portion thereof for purposes of training any artificial intelligence models, apps, tools or technologies. We take protection of our intellectual property very seriously and take multiple measures to prevent copyright infringement and prevent any infringement against the Services which might occur. Without limiting the foregoing, you may not modify, interfere with, enhance, remove or otherwise alter in any way, any portion of any video player we may make available within the Services, any of such video player’s underlying technology, or any digital rights management mechanism, content protection or access control measure incorporated into the video player, including disabling, modifying, reverse engineering, or circumventing the video player in any manner.
  2. Viral Features. We may from time to time expressly authorize you to redistribute (such as by email, social media posts, or blogs) certain content (“Viral Features”) on a personal, non-commercial basis. Such authorization must be express; no content will be considered a Viral Feature without such authorization. Whenever you take advantage of any of these Viral Features, you agree not to download any such other content as part of such Viral Features.
  3. No Endorsements. The Site contains facts, views, opinions and statements of third parties, visitors and other organizations. Neither RAP-UP nor our affiliates represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site, except to the extent expressly disclosed by us or our affiliates, or required to be disclosed by us or our affiliates, under the FTC’s Native Advertising guidelines (https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses). You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that RAP-UP and its affiliates shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Rap-Up or our affiliates.
  4. Rights and Terms for Apps.
  1. General Prohibitions and Rap-Up’s Enforcement Rights. You agree not to do any of the following:

RAP-UP is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Any conduct by a user that violates these Terms in any way may result in the suspension or termination of the user’s registration and access to the Sites, in Rap-Up’s sole discretion, in addition to any other remedies. The Site may provide interactive activities on a number of topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. Our staff and the hosts claim no professional expertise or authority.

  1. DMCA/Copyright Policy. Rap-Up respects copyright law and expects its users to do the same. It is Rap-Up’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. In the event Rap-Up enables User Content through the Services, please contact us at:

Rap-Up c/o Legal Department
General Counsel Rap-Up
3336 S. La Cienega Blvd., Suite #120
Los Angeles, CA 90016
legal@rap-up.com.

  1. Links to Third Party Websites or Resources. The Services (including the Apps) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites or with respect to any data collection and use of your data from such third-party websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
  2. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. Rap-Up shall not be liable to you or any third party for removing your User Content or suspending or terminating your access to the Services (or any portion thereof). You may request to cancel your account at any time by contacting us. Upon any termination, discontinuation or cancellation of the Services or your account, those Terms which by their nature should survive termination or continue to be applicable to your conduct prior to termination shall survive.
  3. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
  4. Indemnity. You will indemnify and hold Rap-Up and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You may not settle any such claim without our prior written consent.
  5. Limitation of Liability.
  1. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section ‎18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Rap-Up are not required to arbitrate will be the state and federal courts located in Los Angeles County, and you and Rap-Up each waive any objection to jurisdiction and venue in such courts.
  2. Dispute Resolution.
  1. General Terms.
  1. Contact Information. If you have any questions about these Terms or the Services, please Contact Us.