Terms of Service

HiVocals Terms of Service

Overview

This website is operated by HiVocals. Throughout the site, the terms,” site”, HiVocals”, “we”, “us” and “our” refer to Hivocals. HiVocalsoffers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting and/or using our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws. Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The site is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or legal guardian, to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms using the Site.

General Terms

By agreeing to these Terms of Service, you represent that:

- You are not under the age of 16.

- You are not a minor in the jurisdiction in which you reside, or if a minor, you must have received parental permission to use the Site.

- You have the legal capacity and you agree to comply with these Terms of Use.

You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). We are a service provider and make no representations as to the safety, effectiveness, accuracy, or legality of any of the information contained on the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied on and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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Disclaimer Of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Hivocals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Hivocals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Selling Vocals

Compositions and recordings (“vocal tracks” or "vocals") are made available by third parties (“vocalists”) through the Site. HiVocals requires all vocalists to confirm that their recordings and offerings do not infringe any third-party rights and that they have the necessary permissions to make the vocal tracks available and grant ongoing rights to purchasers. Vocalists agree that they own 100% of the vocal tracks they offer for sale or for lease and or have the appropriate licenses, copyrights, mechanical licenses, and all other permissions required to offer vocal tracks to others.

Seller Obligations

By uploading and selling vocal tracks and any associated artwork or other content, including your name, description, and photograph (together “vocal track content”) on the site, vocalists warrant and represent that:• you have the authority and permission to make the vocal track content available in the manner offered by you• the vocal track content does not infringe the rights of any third party, including any sample owners, writers, artists or musicians• the vocal track content shall not contain or transmit any virus or other harmful matter• all files you advertise as being included with purchase are uploaded while Hivocals provides a platform for you as a Seller to sell and grant licenses to vocals, all sales and licenses of vocals are between the seller and buyer. You agree that any claims you have arising from a sale, license, or purchase of a vocal will be brought solely against the buyer, and in no instance, against Hivocals. HiVocals reserves the right to remove any of Your Content from the Website if such content: (i)is patently offensive, pornographic, or defamatory; (ii)is the subject of a dispute between you or us and a third party; (iii)is content to which you cannot document your rights therein upon Hivocal’s ‘request; (iv)violates the intellectual property rights or other protected interests of a third party; (v)is the subject of a takedown notice by a party claiming to own the rights therein, or (vi)is the subject of any fraudulent activity, or for any other reason in Hivocal’s sole and absolute judgment is necessary to protect the business interests of Hivocals or Licensees. HiVocalsshall has no liability to you for the removal of any of Your Content from the Website. HiVocalsaims to provide the music community with high-quality vocals. As such, we reserve the right to remove content that we deem as substantially poor quality. We reserve the right to terminate, suspend or remove any account or content which we believe breaches our terms and conditions, without liability to you. You shall indemnify us against any and all direct and indirect claims, losses, damages, costs, and liabilities arising out of any breach by you of these terms.

Buying Vocals

As a purchaser of vocal tracks, your contractual relationship relating to the vocal tracks is with the licensor or seller of vocal tracks and not with Hivocals. When you purchase vocal tracks, it will be under the conditions and limitations of the license terms stipulated by the relevant vocalist. These terms will be presented prior to completing the purchase of a vocal track. If you do not agree to those license terms, you must not purchase that vocal track. Any exploitation by a purchaser which is outside of the vocalist’s license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable. While Hivocals provides a platform for you as a buyer to purchase or obtain licenses to vocals, all sales and licenses of vocals are between the seller and buyer. You agree that any claims you have arising from a sale, license, or purchase of a vocal will be brought solely against the seller, and in no instance, against Hivocals.
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Refunds

HiVocals will not be responsible for any refunds for any licensing or sales purchases. Vocalists use Hivocals to sell their vocals. However, we are not the sellers or the owners of the vocals on our platform. Therefore if you require a refund, please contact the vocalist, as money is paid directly to them, and only they can refund this. HiVocals does not guarantee satisfaction with any vocal tracks offered by vocalists and refunds are at the sole discretion of the seller. In cases in which a seller has breached their "Seller Obligations" (seen above), relating specifically to the vocal purchased, Hivocals will take steps to refund a payment to you as a purchaser. However, we cannot guarantee a refund, as ultimately the files and payments are with the seller.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hivocals is not responsible for third-party access to your account that results from theft or misappropriation of your account. HiVocalsand its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. By using the Site you represent that all registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary.

Links to Third Party Sites/Third Party Services

HiVocals.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hivocals and Hivocals is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HiVocals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hivocals of the site or any association with its operators. Certain services made available via HiVocals.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the HiVocals.com domain, you hereby acknowledge and consent that Hivocals may share such information and data with any third party with whom Hivocals has a contractual relationship to provide the requested product, service, or functionality on behalf of HiVocals.com users and customers.

Use of Communication Services

The Site contains messaging functionality and/or other message or communication facilities designed to enable you to communicate with other users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; Hivocals has no obligation to monitor the Communication Services. However, Hivocals reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. HiVocalsreserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. HiVocalsreserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Hivocal's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HiVocals does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Hivocals specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hivocals spokespersons, and their views do not necessarily reflect those of Hivocals.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

International Users

The Service is controlled, operated, and administered by Hivocals from our offices within the UK. If you access the Service from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the Hivocals Content accessed through HiVocals.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If you are a vocalist on the site, you can delete your account via the Manage Subscription link in Hivocal's dashboard in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Contact Information

Questions about the Terms of Service should be sent to us at support@hivocals.com