A. General Terms and Conditions
This is a legal agreement ("Agreement") between and among you and Hyperagte Records Webshop, ENI, and any other entity affiliated with Hyperagte Records Webshop, ENI (collectively, "Hyperagte Records Webshop" stating the terms that govern your use of the Hyperagte Records Webshop websites and the music store or services located at websites owned by Hyperagte Records Webshop such as hypergate-records.com, hypergate-records.com/shop, hypergate-records.com/backstage, hypergate-records.com/site (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the "Website", as the context requires). By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Hyperagte Records Webshop reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
1. Age Requirement
To register for use of the Website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click "AGREE" to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.
All "Content", including but not limited to digital downloads of sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, Trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Hyperagte Records Webshop, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Hyperagte Records Webshop, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to listen to Samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the Website's Content. Some of the Content is "Products". The Content is only for your personal, noncommercial use.
3. Objectionable Material
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Website at your own risk and Hyperagte Records Webshop shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
4. Account Registration
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Hyperagte Records Webshop ("Registration Data" for the purposes of creating an Account, called my "Account". You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. Hyperagte Records Webshop may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, or incomplete. You agree that Hyperagte Records Webshop may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Hyperagte Records Webshop immediately of any unauthorized use of your password and/or account. Hyperagte Records Webshop shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or account, and you agree to hold harmless and to indemnify Hyperagte Records Webshop, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Hyperagte Records Webshop will terminate your Account
5. Consent to our communication with You by E-Mail
By establishing a Hyperagte Records Webshop Account, you grant permission for Hyperagte Records Webshop to contact you at your e-mail address.
6. System Requirements for Usage
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, play back, burn or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Content. If you need information on the specifications of any equipment, internet access or software required to use the services provided by Sounds To Sample please contact us here. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content.
7. Charges and Billing
You agree to pay for all Products that you purchase through the Website. Hyperagte Records Webshop may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. For subscription services for which recurring billing may be applicable, Hyperagte Records Webshop will charge your credit card on the first day of each new billing cycle as outlined in the terms of the applicable billing agreement. You hereby agree to authorize Hyperagte Records Webshop to charge your credit card for the above mentioned at Hyperagte Records Webshop's convenience, but within (30) days of credit card authorization. YOU ARE RESPONSIBLE FOR PROVIDING SINNERS ENSEMBLE RECORDINGS WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Hyperagte Records Webshop may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your "Member Account". You are responsible for any charges on your Account that are incurred by any person through your Account, and you are solely responsible for keeping your Account secure and confidential.
Hyperagte Records Webshop may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Hyperagte Records Webshop will not be liable to you or to any third party should it exercise such rights; provided that if Hyperagte Records Webshop terminates any prepaid subscription service, Hyperagte Records Webshop will refund a prorated amount of such prepaid fees.
You may not cancel your yearly or monthly membership for subscription services during the initial term of such services; however, you may give notice of nonrenewal for the following term. Upon any expiration or termination of your subscription service, you will no longer have access or right to any membership benefits under such subscription service.
8. Limitation on Sales
Hyperagte Records Webshop sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Hyperagte Records Webshop reserves the right to refuse access to the Website or sale of Products for any reason, to any end user. Hyperagte Records Webshop may terminate any offers for free or special promotions or pricing on merchandise at any time.
9. Right to Change Prices and Product Availability.
Prices and availability of Products offered through the Website are subject to change at any time. Hyperagte Records Webshop does not provide price protection or refunds in the event of a price drop or promotional offering.
10. Sales of Downloads
Each Download is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of Downloads by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
11. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Hyperagte Records Webshop will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by Hyperagte Records Webshop.
12. No Responsibility for Typographical Errors
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Content may be accidentally mispriced. In such an event, Hyperagte Records Webshop reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
14. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Hyperagte Records Webshop's offer to sell and (2) convey Hyperagte Records Webshop's acceptance of your order. Hyperagte Records Webshop reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order.
15. Charges and Billing
Hyperagte Records Webshop currently accepts American Express, Visa, Master Card, Solo credit cards, and PayPal. Hyperagte Records Webshop does not accept cash, money orders, or checks. Hyperagte Records Webshop reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Hyperagte Records Webshop, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Content or Download orders previously accepted by Hyperagte Records Webshop will survive your termination of your Hyperagte Records Webshop Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Hyperagte Records Webshop's management's sole discretion.
16. Limitations of Content Usage and Copyright
Hyperagte Records Webshop may make available certain Content and Products. Your access to and/or use of any Products will be limited by the rules assigned to the Products by Hyperagte Records Webshop ("Product Rules") and described on the Webpage where you acquire access to the individual Product. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Product Rules. SINNERS ENSEMBLE RECORDINGS RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A "Sample" is a promotional portion of a Product, in some cases an entire Product, which is made available to you while you are logged onto the Website. Samples may also consist of a promotional music video. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Sample.
A "Download" is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Hyperagte Records Webshop shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or Content contained on the Site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
17. Prohibited Uses of Downloads
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads. You may not play and then re-digitize any Downloads. You may not create any "derivative works" by altering any of the Content. You may not use the Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
18. Loss of Rights by Hyperagte Records Webshop
Hyperagte Records Webshop may at any time lose the right to make certain Products available. In such an event, you will no longer be able to access such Products from Hyperagte Records Webshop's Library function or obtain them from the Website catalog.
19. Electronic Signatures and Contracts
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
20. Community Features / Public Areas
The Website may contain features designed to help members find Content of personal interest by viewing Content that other members have sampled and/or downloaded. These features may include access to members most recently played lists and access to member's collections of Content. Further, Hyperagte Records Webshop may feature message boards and/or chat rooms that allow for communication and posting of public profiles between users of the Website. The public areas are offered on a read only basis until a user signs up for the ability to post messages in the various forums. SINNERS ENSEMBLE RECORDINGS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Hyperagte Records Webshop is not responsible and assumes no liability for any activity, content, messages and the like that you or any other users post to a public area or a public profile, or send to another user over an instant messenger system.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
22. Hyperagte Records Webshop's Rights
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Hyperagte Records Webshop may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Hyperagte Records Webshop's use of such content exploits any proprietary rights you may have in such material, you agree that Hyperagte Records Webshop has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will defend indemnify and hold harmless Hyperagte Records Webshop, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility.
All copyrights in and to the Website, including but not limited to, the Hyperagte Records Webshop music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Hyperagte Records Webshop and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Hyperagte Records Webshop and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Hyperagte Records Webshop and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
26. Violation of Intellectual Property Rights
If Hyperagte Records Webshop receives a notice alleging that you have engaged in behavior that infringes Hyperagte Records Webshop's or an other's intellectual property rights or reasonably suspects the same, Hyperagte Records Webshop may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
27. Enforcement of These Terms
Hyperagte Records Webshop reserves the right to enlist and take measures that Hyperagte Records Webshop believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to Hyperagte Records Webshop's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party's rights). You agree that Hyperagte Records Webshop has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Hyperagte Records Webshop believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Hyperagte Records Webshop's right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party's rights).
28. No Responsibility for Third-Party Materials or Web Sites
The Website may include Products, Content, and services from third parties available via the Hyperagte Records Webshop Website. Hyperagte Records Webshop may include links to third party websites, which are provided solely as a convenience to you. Hyperagte Records Webshop assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Hyperagte Records Webshop is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
29. Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Hyperagte Records Webshop and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Sounds/To/Sample and its agents, representative, employees, Licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Hyperagte Records Webshop suspects that you have failed, to comply with any of the provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Hyperagte Records Webshop with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of these Terms and Conditions or any license to the software, Hyperagte Records Webshop, at its sole discretion, without notice to you may: (i) terminate this Agreement and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
31. Governing Law
The laws of the State of Colorado, of the United States of America, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Hyperagte Records Webshop or relating in any way to your use of the Website resides in the courts of the Aveiro District in Portugal.
32. Disclaimers and Limitations of Liability
(a) You agree that from time to time Hyperagte Records Webshop may remove the Website for indefinite periods of time, or cancel the Website at any time, with or without notice to you.
(b) Hyperagte Records Webshop makes no warranty that any particular CD burner or portable device will be compatible with the Website or any Content offered on the Website.
(c) Under no circumstance shall Hyperagte Records Webshop be liable for any unauthorized use of the Website or its Content.
(d) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Hyperagte Records Webshop shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(e) All Content on this Website is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Company makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
(f) Company specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
B. Hyperagte Records Webshop Mixes Terms and Conditions
The Hypergate Records MIXES ("MIXES") program allows you to create your own unique "mixtape" compilations using recordings from any Hyperagte Records Webshop online stores, including Hyperagte Records Webshop SoundsSM (the Hyperagte Records Webshop Recordings), and any recordings that, together with the underlying compositions, are owned and controlled solely by you ("Your Content"), to upload those MIXES for Hyperagte Records Webshop to sell, and to earn a royalty for each of your MIXES sold by Hyperagte Records Webshop.
1. Eligibility and Terms
2. MIXES Requirements
You may submit as many MIXES as you like, but each must:
A. consist solely of Hyperagte Records Webshop Recordings and/or Your Content. Hyperagte Records Webshop Recordings and Your Content are sometimes referred to below collectively as "Content".
B. be one continuous file up to one (1) gigabyte in size and containing no more than twenty-five (25) total recordings.
C. be uploaded to the Hyperagte Records Webshop server per our instructions as an MP3, WAV or AIFF audio file format. Files must not include any viruses, corrupted files or other harmful software elements, and will not be returned.
D. be accompanied by a full and complete playlist of all track names and any other Content embodied in the MIXES. We will make available for that purpose a list of all Hyperagte Records Webshop Recordings that we have a record of you having purchased from us.
E. be accompanied by your desired cover artwork, which also must be 100% original and owned by you (i.e., must be your own creation or used with the authorization of the copyright owner) and will also be considered "Your Content" for purposes of these Terms.
Your MIXES must not contain any Content other than Hyperagte Records Webshop Recordings and Your Content, and must comply with all of the representations and warranties below.
4. Availability and Pricing
Hyperagte Records Webshop will have the right, but not the obligation, to review your MIXES before making them available for sale. We may refuse to offer and sell your MIXES (or any particular Content) for any reason or no reason, and may also stop selling it at any time in the future, temporarily or permanently, in our sole discretion. However, this will not limit your representations and warrants or your indemnification obligations. Hyperagte Records Webshop will set the price of your MIXES in our sole discretion, and we may change the price or our pricing policy from time to time, territory by territory.
5. Representations and Warranties
By uploading and submitting one or more MIXES to Hyperagte Records Webshop, you represent and warrant to us that:
A. your MIXES and all associated Content comply with these Terms. Your Content shall not contain any unauthorized samples or any other material that infringes upon the rights of any third parties or violates any applicable law or any codes of conduct that we may adopt and post from time to time.
B. you grant and assign to Hyperagte Records Webshop an exclusive, irrevocable, perpetual, sub-licensable and assignable right and license to any and all rights you have to your MIXES, under copyright or otherwise, to store, save, copy, promote, market, advertise, offer, stream, distribute, publicly perform, sell and otherwise use and exploit your MIXES (including, without limitation, the compositions embodied in Your Content) , as well as your personal and user names, in any and all media and formats and channels now or hereafter known throughout the universe and to do all things incidental, necessary or desirable in connection with the foregoing. For the avoidance of doubt, you retain the right to sell and otherwise exploit Your Content independently of the compilation embodied in your MIXES.
C. all registration details, Content information, and all other information and materials that you provide to us are true, complete and correct in all material respects. You must maintain the accuracy of such information to ensure that it is always current.
D. you have read these Terms and have the full legal right, power and capacity to grant Hyperagte Records Webshop the rights granted herein and to agree to these Terms.
E. Hyperagte Records Webshop and its affiliates, licensors and licensees will have no liability for, and you release and agree to defend, indemnify and hold Hyperagte Records Webshop and its affiliates, licensors and licensees harmless from and against, any and all claims, damages, expenses, costs, losses and/or liabilities resulting from or associated with your MIXES, Your Content, your participation in the MIXES program, and/or your breach of these Terms.
For each copy of one of your MIXES sold by Hyperagte Records Webshop, we will pay to you a royalty of 10% the amount actually received by Hyperagte Records Webshop. For any sales made in Euro (EUR) or British Pounds Sterling (GBP), the royalty will be calculated based on the conversion to United States Dollar (USD) using the rate as published on xe.com. Notwithstanding the foregoing, if you are party to a separate sales or supplier agreement with Hyperagte Records Webshop, then we will instead pay and account to you under that agreement rather than in accordance with these Terms, unless we agree otherwise. Your royalty is your sole compensation and includes all payments due to you in connection with the Content, including any mechanical royalties, public performance monies, or other music publishing monies to which you may be entitled as a writer or composer. In addition to its other rights and remedies, Hyperagte Records Webshop may withhold payment from any person attempting to defraud or in any way tamper with the MIXES program, who does not fully comply with these Terms, and/or in amounts reasonably related to any indemnifiable claim hereunder.
After an initial 60-day period following public launch of the MIXES program, statements of activity will be made available on your Hyperagte Records Webshop account within thirty (30) days after the end of each calendar month. Payments for each month's activity will be made within thirty (30) days after the end of such calendar month. Payment will be made to the valid PayPal account you provided in your Hyperagte Records Webshop registration account details. As noted above, if you are party to a separate sales or supplier agreement with Hyperagte Records Webshop, then we will instead pay and account to you under that agreement, unless we agree otherwise.
By visiting or registering at one or more of the Sites, you acknowledge that you have read, understand and agree to be bound by this Policy as it may be amended from time to time, and to our collection, transfer (if applicable), storage and processing of your information in the United States of America. If you do not agree to these terms, please navigate away from the Site and do not register, make any purchases or provide us with any personal information about you.
What information do we collect?
We generally collect two kinds of information through the Site: "personal information" about you which you provide to us, and "non-personal information" about you, your computer and technology, and your use of the Sites, which alone doesn't identify you personally.
In order for you to become a registered user, make purchases from, or sell content through our Sites, you will need to provide us with certain personal information, such as your age, name, business name if applicable, e-mail address, street address and telephone number during the registration process. For online purchases or sales, we will also require your credit or debit card number, expiration date, billing address and related details (which may include your social security or other tax ID number) in order to process payments. We may also ask for additional personal information from time to time such as such as gender and income level, in connection with online promotions, contests, giveaways, surveys and other programs, but it's entirely up to you whether or not to provide that information to participate in those programs.
We may also collect non-personal information from visitors and registered users of the Sites. We may ask you to provide some of that information yourself, such as your musical preferences, your favorite artists, labels or genres, or your purchasing, listening and concert-going habits. Other technical, geographic and usage data and information we may collect directly, such as your browser type, ISP, operating system, log and Site usage data, IP address, zip code or location, the pages you visit and music or other content that you listen to or access while on the Sites, websites you've visited upon entering or leaving the Sites, and if you purchase or sell content through the Sites we will keep track of those purchases and/or sales. Such information may be combined with your personal information.
If you contact or communicate with us or our representatives by e-mail or through the Sites, or if you post any information on any forums, chat rooms, profile pages, feedback, customer service or other portions of the Sites, we may collect, retain and use any information that you provide.
Do we use "cookies" or "web beacons"?
We do use "cookies" to collect Site usage data and to improve your experience on the Sites and our service generally. A "cookie" is a small data file transferred to your computer for access on future visits to the Site, which can tell us that you (or someone using the same computer or IP address) visited our Site(s) before, what clips you've listened to, etc. You can stop accepting cookies by setting your Internet browser accordingly, but this will likely result in our not recognizing you or your preferences on future visits, so you may have to re-enter certain information.
The Sites and e-mails from us may contain electronic images known as "web beacons." These are files that allow us to count visitors to our Sites, to tell if an ad has been viewed or if an e-mail has been opened or forwarded, or to serve particular content or services. Web beacons collect limited non-personal information, including beacon number, time and date of a page or e-mail view, and a description of the page on which the web beacon resides, all of which we may store and use. Disabling cookies may prevent some beacons' activity, but generally the beacons will operate if you visit the Sites or open e-mails from us.
What kind of "cookies" do we use?
Based on the guidelines found in the ICC UK Cookie guide, we may use the following categories:
Strictly Necessary Cookies
These cookies are essential in enabling you to browse our website and use its features. Without these cookies, services like shopping carts and electronic payments cannot be provided. For these types of cookies that are strictly required, no user consent is necessary.
These cookies collect anonymous information on how visitors use our website and whether they encounter error messages from our web pages. All information gathered is aggregated and therefore anonymized. They are only used to improve how a website works. By using our website, you agree that we can place these types of cookies on your device.
These cookies allow our websites to remember choices you make while browsing, like language, font size, and user name preferences. We may also remember preferences such as text size, fonts and other customizable site elements. They may also be used to enable you to watch videos or comment on a blog. The information these cookies collect will not personally identify you, and they cannot track your browsing activity outside our websites. When you choose these preferences, you agree that we can place these functional customization cookies on your device.
These cookies are used to deliver targeted advertising as may be relevant to you and your interests. They are also used to limit the number of times you see an advertisement and help measure the effectiveness of the campaign. They remember you have visited a website and is shared with other sites such as advertisers. They may be linked to functionality provided by the other sites. You can choose whether to allow these cookies by changing your cookie settings in your browser.
What do we do with the information we collect?
Our main use for the personal information we collect is to process your registration, purchases and payments, and to maintain your account on an ongoing basis. If you are a content supplier, we will also use your personal information to make accountings and pay royalties to you. If you enter any contests, promotions, giveaways or other optional programs, we will use the information you provide to facilitate and communicate with you about that particular transaction, such as to notify you whether you've won, to deliver prizes. If you maintain a DJ profile page, we may use your personal information to communicate with you about that.
We may also use your personal and non-personal information to enhance your experience with the Sites and our service, such as sending you e-mails and otherwise providing you with other information, content and material in which we think you may be interested; displaying content and ads according to your prior browsing history, preferences and location; fulfilling your orders; providing customer service and responding to your questions and comments; or contacting you about your account or about our and and partners' promotions, contests, surveys, or other promotions.
We may use information learned from cookies and web beacons to make sure that our content and emails are in a format that you can read, to analyze trends about which Sites, content and e-mails are popular and are being read and/or forwarded, to maintain a history of e-mail activity, and to evaluate the effectiveness and efficiency of certain communications.
Your feedback and other information will also be used to evaluate and enhance our Sites and service. For example, we may analyze the traffic and usage of our Site; the participation rate of our various promotions, offerings, e-mails, and other programs; and the popularity of our content, artists, and participating suppliers. We may also use that information for product development purposes, such as determining what other labels, artists, products and services our users are interested in, and for technical purposes such as monitoring the functionality of our servers and e-mail systems.
Do we share the information we collect with third parties?
We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and the labels, artists and others who provide our content or whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors-in-interest.
We may engage trusted third party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the Site, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for products and services you may purchase through the Site. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.
We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the Sites in a shared location, and type of the device used to visit the Sites. They may aggregate information about our advertising and what you see on the Sites and then provide auditing, research and reporting for us and our advertisers.
We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
Is your information secure?
We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. All credit transactions occur in a secure area of the Site using Secure Sockets Layer (SSL) software to process orders, which encrypts the information you input on the Site. For the storage and processing of credit card information, we engage a third party certified as compliant with the Payment Card Industry Data Security Standard (PCI DSS).
In addition, all personal user information is stored behind a firewall with limited administrative access. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable.
Any information or material you may enter in publicly viewable portion of the Sites, such as on a DJ profile page, an online forum or comment section, chat room, or bulletin board, will be readily accessible to the general public. Therefore, do not enter in those areas of the Site any personal information (e.g., your name, e-mail or postal address, credit card details) or other information or materials that you would not wish to be publicly available. This also applies to any communications you may have directly with other users of the Sites.
Does this Policy apply to any other sites or services?
The Sites may contain links to the websites associated with record labels, DJs, artists, and suppliers of content to the Sites and to our advertisers, marketing partners, contest sponsors, or other third parties. Links, advertisements, promotions, or other mentions do not constitute our endorsement, authorization or representation of our affiliation with any third party, or of their products or services.
What is our policy regarding children's information?
Our Sites, products and and services are not intended for, and we do not knowingly accept registration or collect personally identifiable information from, engage in financial transactions with, or otherwise transact with, children under 13 years old. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If parents or legal guardians become aware that their under-13s have provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), they should contact us at firstname.lastname@example.org.
If you are between the ages of 13 and 18, or otherwise below the age of legal majority where you live, you must obtain permission from your parent or legal guardian before registering with one or more of the Sites, using a credit card or providing any information about themselves to us or anyone else over the Internet.
Where do we store and use your information?
We collect, store and process the information we collect in the United States of America. If you are outside the U.S., then your personal and non-personal information may be transferred to the U.S.
California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, and those who have an established business relationship with us may also choose to opt-out from such disclosures. To do so, please contact us by one of the methods described below stating your specific request and your name, address, e-mail address and phone number. This will not prohibit disclosure of information for non-marketing purposes.
E-mails that you receive from us will include specific instructions on how to unsubscribe from receiving certain communications. You may also send an email to us at email@example.com to update or correct the personal information we have on file for you or to be unsubscribed from marketing or promotional e-mailings.
As long as you remain a registered user of one or more of the Sites, or continue to make purchases or provide us with content, then we still reserve the right to contact you about your account and to inform you about operational matters regarding the Sites.
E. API Terms and Conditions
If you are requesting access to the Hyperagte Records Webshop API on behalf of yourself, "you" and "your"shall refer to you as a contracting individual.
The Hyperagte Records Webshop API is a service that allows pre-approved licensees to retrieve select content available at the Website for inclusion on your Hyperagte Records Webshop approved domain.
B. Your Use of the Hyperagte Records Webshop API
(II) Prohibited Actions
You, as the user of the Hyperagte Records Webshop API, must not attempt to:
(a) encourage or facilitate the violation of any aspect of Hyperagte Records Webshop's Website Terms and Conditions .
(b) use, display, mirror or frame (including in meta-tags or hidden text) the Website or any individual element of the Website without Hyperagte Records Webshop's express written consent;
(c) use the API in conjunction with a subscription service or the distribution of, whether for free or for sale, any content that is available for purchase or free download on the Website, whether or not you have the appropriate license and rights to distribute such materials, without express permission by Hyperagte Records Webshop (except that your use of the API may provide a link to the Website where the user may purchase or download the associated content); or
(d) mislead, misguide, or confuse users
(III) Use of Hyperagte Records Webshop Logos and Trademarks
Hyperagte Records Webshop grants you a non-exclusive license to use Hyperagte Records Webshop trade names, logos, trademarks, and other distinctive brand features of Hyperagte Records Webshop solely in connection with your use of the Hyperagte Records Webshop API. All Hyperagte Records Webshop trade names, logos, trademarks, and other distinctive brand features must be presented as provided through the Hyperagte Records Webshop API or as defined in the Hyperagte Records Webshop Style Guide.
(IV) Link to Purchase Pages
The Hyperagte Records Webshop API may only be used with those platforms from which a functional link is made available that, when accessed, takes the user to the page on Hyperagte Records Webshop's website where the user can access the associated content. You may not utilize the Hyperagte Records Webshop API in a manner that does not permit successful linking to, redirection to or delivery of the applicable Hyperagte Records Webshop web page.
2. Platform Usage
A. Hyperagte Records Webshop may sometimes review the API platform (including how our services are being accessed and used), but you acknowledge that we have no obligation to do so. Hyperagte Records Webshop is not responsible for files, content, or any other information accessible through the API platform.
B. We may limit the number of calls accepted by the API if we believe that the number of calls to the Hyperagte Records Webshop API may negatively impact the Hyperagte Records Webshop API or Website performance.
C. Our API platform is a work in progress. Please keep that in mind. It may continue to change over time as Hyperagte Records Webshop refines and adds more features with the needs of our audience and feedback received.
3. End User Data
4. Other Platforms and Users.
5. Copyright and License
Hyperagte Records Webshop grants you a limited, non-sublicensable right to access the API and use the Hyperagte Records Webshop data for non-commercial and informational use. Any commercial use must be pre-approved by Hyperagte Records Webshop and any options to purchase content provided by the API must link back to Hyperagte Records Webshop's website, unless otherwise permitted by Hyperagte Records Webshop.
6. Proprietary Rights and License
A. Hyperagte Records Webshop Property
As between you and Hyperagte Records Webshop, Hyperagte Records Webshop retains all rights, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the Hyperagte Records Webshop brands; and (d) any feedback (including suggestions, comments, improvements, ideas, etc.) about the Hyperagte Records Webshop services, the content, the API, or any applications Hyperagte Records Webshop may be developing.
B. No Implied Rights
C. Hyperagte Records Webshop Development
7. Term and Termination
Your User of the Hyperagte Records Webshop API is subject to the following restrictions:
A. All calls to the Hyperagte Records Webshop API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.
B. You will provide the Hyperagte Records Webshop content to your users on "As Is" terms.
C. You may not use the Hyperagte Records Webshop content in a product, service, or for commercial use without Hyperagte Records Webshop's express permission.
D. You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Hyperagte Records Webshop API or any content or data provided through the Hyperagte Records Webshop API.
E. You agree not to use the Hyperagte Records Webshop API, Hyperagte Records Webshop content, or the Hyperagte Records Webshop trade names, logos, and trademarks in any way that harms Hyperagte Records Webshop, its service providers, its suppliers, its artists, its labels, Hyperagte Records Webshop or your end users, or any other person.
F. You may not use the Hyperagte Records Webshop API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights.
9. Representations and Warranties
The Hyperagte Records Webshop API is provided “As Is", at your own risk, without express or implied warranty or condition of any kind. Hyperagte Records Webshop also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement.
12. Limitation of Liability
In no event will Hyperagte Records Webshop, its affiliates, agents or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Hyperagte Records Webshop has been warned of the possibility of such damages. Hyperagte Records Webshop assumes no liability for any of your activities in connection with the Hyperagte Records Webshop API or for your use of the Hyperagte Records Webshop API in connection with your website.
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If you have still have any questions or concerns about these Terms and Conditions, please contact us by e-mail at firstname.lastname@example.org
Hyperagte Records Webshop, ENI© 2013 All Rights Reserved