1. Your Acceptance
2. Hyped Sound Website
B. The Hyped Sound Website may contain links to third party websites that are not owned or controlled by Hyped Sound. Hyped Sound has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Hyped Sound will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Hyped Sound from any and all liability arising from your use of any third-party website.
3. Hyped Sound Accounts
A. In order to access some features of the Website, you will have to create a Hyped Sound account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Hyped Sound immediately of any breach of security or unauthorized use of your account.
B. Although Hyped Sound will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hyped Sound or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions that are not marked as downloadable (defined below), without Hyped Sound's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Hyped Sound's Music Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Hyped Sound Content through any technology or means other than the audio playback pages of the Website itself, the Hyped Sound Music Player, or other explicitly authorized means Hyped Sound may designate.
D. You agree not to use the Website, including the Hyped Sound Music Player for any commercial use, without the prior written authorization of Hyped Sound. Prohibited commercial uses include any of the following actions taken without Hyped Sound's express approval: sale of access to the Website or its related services (such as the Music Player) on another website; use of the Website or its related services (such as the Music Player), for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the Hyped Sound website or any third-party website, targeted to the content of specific User Submissions or Hyped Sound content; and any use of the Website or its related services (such as the Music Player) that Hyped Sound finds, in its sole discretion, to use Hyped Sound's resources or User Submissions with the effect of competing with or displacing the market for Hyped Sound, Hyped Sound content, or its User Submissions.
E. Prohibited commercial uses do not include: uploading an original audio track to Hyped Sound, to promote your business or artistic enterprise; using the Music Player to play Hyped Sound audio on an ad-enabled blog or website, provided the primary purpose of using the Music Player is not to gain advertising revenue or compete with Hyped Sound; any use that Hyped Sound expressly authorizes in writing.
F. If you use the Hyped Sound Music Player on your website, you must include a prominent link back to the Hyped Sound website on the pages containing the Music Player and you may not modify, build upon, or block any portion of the Music Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Hyped Sound servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Hyped Sound grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hyped Sound reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
I. Hyped Sound reserves the right to discontinue any aspect of the Hyped Sound Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Hyped Sound Website.
A. The content on the Hyped Sound Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Hyped Sound, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hyped Sound reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely: for your information and personal use; for downloading where provided a link from the Website; as intended through the normal functionality of the Hyped Sound Service; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Hyped Sound Service to a user's device in such a manner that the data is intended for real-time listening and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Audio for any purpose or in any manner other than Streaming, when not provided with a link from the Website, is expressly prohibited. User Audio is made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Hyped Sound Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Hyped Sound Service or otherwise as prohibited under this Agreement.
D. You may access Hyped Sound Content, User Submissions and other content only as permitted under this Agreement. Hyped Sound reserves all rights not expressly granted in and to the Hyped Sound Content and the Hyped Sound Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Hyped Sound Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Hyped Sound Website or the Content therein.
G. You understand that when using the Hyped Sound Website, you will be exposed to User Submissions from a variety of sources, and that Hyped Sound is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hyped Sound with respect thereto, and agree to indemnify and hold Hyped Sound, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As an Hyped Sound account holder you may submit audio content ("User Audio") and textual content ("User Comments"). User Audio and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Hyped Sound does not guarantee any confidentiality with respect to any User Submissions.
D. In connection with User Submissions, you further agree that you will not: submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hyped Sound all of the license rights granted publish falsehoods or misrepresentations that could damage Hyped Sound or any third party; submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business; and impersonate another person.
E. Hyped Sound does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Hyped Sound expressly disclaims any and all liability in connection with User Submissions. Hyped Sound does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Hyped Sound will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Hyped Sound reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. Hyped Sound will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("in") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hyped Sound's designated Copyright Agent to receive notifications of claimed infringement is: Jonathan Jaeger, 8601 Beaver Pond Lane, Fairfax Station, VA, 22039, United States, email: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Alexandria, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Hyped Sound may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content 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 content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Hyped Sound's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE HYPED SOUND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPED SOUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HYPED SOUND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HYPED SOUND WEBSITE. HYPED SOUND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HYPED SOUND WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HYPED SOUND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL HYPED SOUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HYPED SOUND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HYPED SOUND SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Hyped Sound from its facilities in the United States of America. Hyped Sound makes no representations that the Hyped Sound Website is appropriate or available for use in other locations. Those who access or use the Hyped Sound Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.