1- User Acceptance.

This H2sound Inc. (“H2sound”) Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and may be posted and applicable to specific services, governs your use of the H2sound Inc. website (“H2sound.com”) and any H2sound platform (“Platform”) specifically including but not limited to the H2sound mobile application, is a LEGALLY BINDING CONTRACT, and are referred to throughout as the “Agreement’.

By visiting the h2sound.com, using any content, products or services provided to you on, from, or through the h2sound Inc. website or Platform (collectively the “Services”) you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement.

If you don’t completely agree with the terms of the agreement, but still use any H2sound Service or Platform, you will still be bound to the terms of the agreement.

H2sound may modify this Agreement at any time without any prior notice to you and said modifications may become effective immediately upon their posting to the website. Your continued use of any H2sound Service or Platform following a modification to this Agreement indicates your acceptance of the Agreement and you agree to be bound by any such modification. If you are dissatisfied with anything related to any H2sound.com Service or Platform your sole remedy is to discontinue use of said Service or Platform. You use any H2sound Service or Platform at your own risk..

2- Services - Terms of Use

The Agreement applies to all users of any H2sound Service or Platform, including users who contribute content. "content" includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may contribute to any H2sound Service or Platform. This includes all aspects of H2sound including but not limited to, all products, software and services offered via the H2sound website and mobile app.

H2sound may change, suspend or discontinue all or any aspect of any Service or Platform at any time, including the availability of any feature, database, or content, without prior notice or liability.

H2sound may contain links to third party websites. By use of any H2sound Service or Platform, you expressly relieve H2sound Inc. from any and all liability arising from your use of any third-party website.

By signing up for an H2soundk account you opt-in to receiving emails from H2sound. At times H2sound will send account holders emails notifying them of system upgrades, issues and other messages. You will have the option to opt-out of these emails by clicking the unsubscribe link included in any of our email messages.

Acceptable Use of the Service – User Responsibility

ou agree while using any H2sound Service or Platform that you MAY NOT:

Distribute an illegal or unauthorized copy of another person's trademarked or copyrighted work;
Alter or modify any part of the Services;
Alter or modify any part of the Platform;
Use the Services for any illegal purpose;
Use the Platform for any illegal purpose;
Use any spider, readers, site search application, or other device to retrieve or index any portion of the Service or Platform, with the exception of major public search engines;
Transmit any viruses, worms, spam or malware or other items of a destructive nature;
Upload any content that includes code hidden or otherwise contained within the content which is unrelated to the content;
Reformat or frame any portion of any web page that is part of the Service or Platform;
Collect or harvest any personal identifiable information or account names or solicit users;
Impersonate another person or artist.
Violate or attempt to violate H2sound systems or interfere with the normal use of the Service or Platform by users;
Post advertisements, promotions or solicitations;
Submit any content that falsely implies sponsorship of the content by the Service or Platform, falsify or delete any author attribution in any content, or promote any information that you know is false or misleading;
Post any links to any external Internet sites that are obscene or sexually explicit material of any kind.

4- H2sound Accounts

To access or benefit from some of the H2sound Service or Platform you will have to create a H2sound account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although H2sound will not be liable for any losses you might suffer, you may be liable for the losses of H2sound or others.

5- User Content and Conduct

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content. You will comply with laws regarding transmission of data.

Content is provided to you as is. You understand that when using any H2sound Service or Platform, you will be exposed to content from a many different sources, and that H2sound is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. You further understand and acknowledge that you may be exposed to content that is 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 H2sound with respect to the extent permitted by NG law, agree to indemnify and hold harmless H2sound its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service or Platform. You acknowledge your use of content is at your sole risk.

You shall be solely responsible for your own content and the consequences of storing and distributing your content on the H2sound Service or on any H2sound Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute content through the H2sound Service or on any H2sound Platform; and you license to H2sound all patent, trademark, copyright or other proprietary rights for distribution on any H2sound Service or Platform pursuant to the Agreement.

For clarity, you retain all of your ownership rights in your content. However, by distributing content through H2sound.com, you grant H2sound a non-exclusive, royalty-free, and licensable to use, reproduce, distribute, prepare derivative works of, display, perform the content in connection with any H2sound Service, Platform and H2sound’s (including but not limited to its successors and affiliates) business. By accepting these terms and uploading your content, you agree and understand that in the event you elect to enable downloads/offline play on any of your songs and/or albums, these materials will be made available to iOS and Android app users who select your material for offline play. Accepting our TOS means you grant H2sound the right to make your songs/albums available to app users for offline play if you select "allow downloads/offline play" in your song or album settings. As a reminder - you cannot upload any third party content which infringes on third party intellectual property or copyrights, and you cannot make any material available download that you are not the authorized copyright holder for.

H2sound will respond to any and all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”), and other applicable intellectual property laws. To file a copyright infringement notification with us you will need to send a written or electronic communication to H2soundat the email address following this Agreement that includes the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed. Please include a screenshot of the alleged copyright infringement on the H2sound platform.

(3) Information reasonably sufficient to permit H2sound to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.

You understand and agree that H2sound reserves the right to delete, move, or edit any content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.

You control your data through your account and/or cookies which may be placed on your computer. H2sound maintains multiple copies of active files. H2sound bears no responsibility for maintaining your data.

H2sound.com is not a data warehousing website. The intended use is for active file sharing which may inadvertently result in backups of files being shared.

Any views expressed on the website do not reflect the views of H2sound.

6- General Terms and Conditions

These Terms of Service, together with the Privacy Policy and any other legal notices published by H2sound on any H2sound Service, Platform or within the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on any H2sound Service or Platform, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

Please e-mail reports of any violations to info@H2sound.com

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