Inde. Hype! Media Terms and Conditions

These terms and conditions create a contract between you; here-in-after also called end-user and Inde. Hype! Here-in-after also referred to as, We, us, and our Please read the Agreement carefully.

Introduction to Our Services

Inde. Hype! Terms of Use Agreement governs your use of Inde. Hype!’s services (“Services” – exam. our website and ALL services, Apps, end-users and partner services within, and associated with framework of Inde. Hype!’s music website platform. Services such as, streaming music from our site, artist digital media content upload and download, artist public data, sign-up, memberships, user accounts, and transactions) whereby you can buy, sell, license, rent or subscribe to content, Apps (as stated below) and other in-app services.  Content may be offered through our services or by third parties. Our services are available for your use in ALL countries that provide access. To use our services you will need compatible hardware; be it phone or computer. You will also need the proper software.

PAYMENTS, TAXES AND REFUNDS

Inde. Hype! allows the end-user; artist to upload and download media content for listeners to download for free or at a cost per download. Either types of media download; free or cost per download is referred to as a “Transaction”.  Each transaction is an electronic contract between you and Inde. Hype! and or, you and the End-User who created the content referred to as “content creator” on our services. Some media content is owned by Inde. Hype! The other media maybe own by content creator. If you download any content free or paid you are required to be logged in to Inde. Hype! membership account.

Inde.Hype will charge your selected payment method for any paid transactions, including any applicable taxes. If you have added fund to your Inde. Hype! wallet. Your funds will be withdrawn directly from the funds available in your Inde. Hype! wallet.  Currently we use two payment processing companies; Paypal and 2Checkout.  All transactions made through these two services; Paypal and 2Checkout.

Paid media download will not download unless you have funds available in online in your Inde. Hype! wallet or if your credit/ debit card has funds to complete the transaction. There is a minimum Add Funds amount of $10 (Ten dollars is the lowest amount that you can add to your Inde. Hype! wallet.) All transactions are final. Content prices may change at any time.  Prices of media content are set by the content creator; the Artist. Please pay attention to the price(s) of media content because, again, they are set by the artist. If a price seems unfair please contact us immediately so that we can contact the artist to make corrections or removed the content.

If technical issues prevent you from downloading paid media content after a payment has been withdrawn from your card or account, a refund or manual delivery of purchased content will be sent to you via your email address. Inde. Hype! may suspend or cancel payment or refuse a refund request if there is evidence of fraud, abuse or unlawful or other manipulative behavior that entitles Inde. Hype! to a corresponding counterclaim.

Privacy

For more information on your privacy, go to the link below.

https://www.indehype.com/index.php?page=index/privacypolicy

Account

Using Inde. Hype! requires signing up via free or paid membership. Upon successful sign-up with Inde. Hype! your will be provided with a User ID and Temporary Password. It is suggested that you change your temporary password to something that you can remember.  Your account is valuable. You are responsible for maintaining the confidentiality and security of your login information. Inde. Hype! is not responsible for loss that may arise from unauthorized use of your account. Please contact us if your feel that your account has been hacked, compromised or something does not seem right with your account.

You must be 13 years old or older to create an account with Inde. Hype! and use our services. An account can be created for persons under the age of 13 by a legal guardian. Legal guardians should review this agreement with the minor to make sure they understand.

Services and Content Usage Terms

While using Inde. Hype! Services and Content platform, our website, you must follow the rules set forth in this section; referred to as “Usage Rules”.  Other use of our Services and Content is a material breach of this Agreement. Inde. Hype may monitor your usage of our Services and Content to make sure that you are following these Usage Rules.

• You may use the Services and Content for personal and commercial purposes as set forth below at which we reserve the right to change the terms with or without notice.
• As an end-user, you do NOT work for Inde. Hype! In ANY way (directly or indirectly). If you upload “ANY” media content to sell for profit gain and generate a profit, you do so as an independent agent (Your business is completely and totally separated from Inde. Hype!). Whereby, at the end of the year, you will be totally and completely responsible for filing a 1099 form or whatever tax form is applicable for you or your business in your territory, state or country for your tax purposes.
• Inde. Hype! media content delivery services does not transfer any commercial, non-commercial use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
• Manipulating play counts, downloads, ratings, or reviews in any way – such s using a bot, script, using an automated process, bribing with compensation or incentive is prohibited.
• It is your responsibility to secure and protect your media content once you download it. We encourage you to back it up.
• It is prohibited to alter any security technology included with the Services or Content.
• As a content provider, it is your responsibility to “make sure” that the content that you upload is not a copyright or trademark infringement.
• In Inde. Hype! Terms of Use, you agree that you will be held totally and completely liable for any, and all legal action that may arise for the content that you upload. Whereas; you agree that Inde. Hype! is completely innocent and shall not, nor will not be held liable or responsible in ANY way for any legal actions that may arise due to illegal content that you; the end-user upload to our service platform. To comply with law, we may provide your uploads to law enforcement for review.
• By using Inde. Hype! services, you agree to the Terms that you are solely responsible for the media that you upload You agree that Inde. Hype!, our staff, investors and partners will be held as harmless and innocent of any legal action(s) that may arise  against you; the end-users in the event of you uploading media or content that constitute a copyright or trademark infringement or that maybe or is illegal in ANY way.
• In the event of you uploading illegal, copyright, and or trademark infringement content that invokes legal actions to arise, that you the end-user relieve Inde. Hype!, our staff or partnering services from any and all of these legal actions. Whereby; you the end-user will be solely and totally responsible for paying, any, and all, fees, fines, royalties, reparations, and court fees that may arise because of your actions.
• If it is discovered via another artist, content provider, Inde. Hype!, or partnering services or listeners, that you have committed a copyright or trademark infringement or violation to our terms, your content may be removed. An investigation will begin to prove the copyright or trademark status of your content or violation of your actions. If your content is cleared of infringement, or violation to our Term of Use, you may upload your content back to our services if you choose.
• If you re-upload the same media content that our services remove due to illegal or fraudulent action without a written permission or approval from our services, we may suspend, or terminate your account.  In the event of termination due to repeated offenses, any and all funds invested for membership or within your Inde. Hype! wallet will be loss and no refund will be granted.
• If your purchase media and or content from our service platform, it normally remains available for download in your membership area. Upon purchasing media from Inde. Hype!, it is recommended that you download a digital copy to your local device for your safe keeping immediately. Media content may be removed at any time, with notice or warning. There may be cases where content providers remove media from our service platform for one reason or another; such as copyright or trademark issues, errors found in media, user account termination or content that violate our Privacy Policy or Terms of Use, etc. If content is removed by provider, or Inde. Hype!, it will no longer be available for download. If you have it download to your computer or phone, it is yours to keep.
• Inde. Hype has a zero policy for hate speech, and or hate propaganda use in ANY way on our services, such as, hateful speech in reviews, in post or comments, hate speech towards other listeners, or toward the content providers that share content on our services. Hate propaganda will be anything to the nature, of promoting hate towards another's races, religous belief, or lifestyle. Any hate violation may lead to a warning or suspension, or termination of your membership with or without notice. If your membership is terminated, any funds that you spend with our service will be loss and no refund will be granted.
• If your membership account is reported to Inde. Hype! by a listener(s), or a content creator(s) as a violation, we will invesigate and may removed your content that is in violation with or without notice. If you become a repeated offender, your membership may be suspended or terminated with or without notice.
• Inde. Hype! reserves the right to suspend or terminate any end-user(s) membership for any reason, with or without notice, such as, but not limited to, any violation of our Terms of Use and or our Privacy Policy. Any violation to our security, the security of Inde. Hype! staff, investors, partners and or other members that use our services.

Subscriptions

Inde. Hype! website and App provide some services for free, such as streaming and listening to individual tracks of content providers. Other services require a subscription basis (“Paid Subscription). Paid subscriptions may automatically renew until cancelled in your membership area. If the price of membership increase you will be notified and your consent will be required. If we cannot charge your payment method your account will expire until you update your payment method. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription.

If it is discovered that you are a have violated (or are a repeated offender to) our Privacy Policy or Terms of Use, we reserve the right to suspend, or terminate your account with, or without notice to you; the subscriber.

Media Content Submission to Inde. Hype!

Our service platform allow you to upload, post, comment, and review media content on Inde. Hype! Your use of our services must comply with Submission Guidelines which are below. These Guidelines maybe updated from time to time. If any material violates our Submission Guidelines it will be removed with/ without notice to you. Violations to our Guidelines may also lead to suspension or termination of your membership with Inde. Hype! If you see material that does not comply, please contact us so that we can rectify the violation. We may monitor submitted content and decide to remove it, or edit it.

Under our Terms of Use, you may not use our services to:

• Post any material that you do not have permission, rights or license to use. Do not use works that constitute trademark or copyright infringement.
• Post any kind of hate speech or promote action of hate.
• Post offensive, unlawful, deceptive, inaccurate or harmful content.
• Post personal, private or confidential information belonging to others
• Request information from minors
• Misrepresent or impersonate your affiliation with other people or entities.
• Post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional or make announcements.
• Modify post, reviews or rate content for compensation
• Post dishonest, abusive, harmful, misleading or bad faith rating and reviews that is irrelevant to content being viewed.
• Engage in any illegal, fraudulent, or manipulative activity.

Disclaimers

INDE. HYPE! DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. INDE. HYPE!  CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INDE. HYPE! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDE. HYPE!  DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY INDE. HYPE!  SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST INDE HYPE! FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Inde. Hype! reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold Inde. Hype!, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Apple by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Inde. Hype! may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Inde. Hype!’s rights or property, or the rights or property of visitors to or users of the Site, including Inde. Hype!’s customers. Inde. Hype! reserves the right at all times to disclose any information that Inde. Hype! deems necessary to comply with any applicable law, regulation, legal process or governmental request. Inde. Hype! also may disclose your information when Inde. Hype! determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Inde. Hype! may preserve any transmittal or communication by you with Inde. Hype! through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Inde. Hype! determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Inde. Hype!, its employees, users of or visitors to the Site, and the public.

You agree that Inde. Hype! may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Inde. Hype!, for which monetary damages would be inadequate, and you consent to Inde. Hype! obtaining any injunctive or equitable relief that Inde. Hype! deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Inde. Hype! may have at law or in equity.

You agree that Inde. Hype! may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Inde. Hype! does take any legal action against you as a result of your violation of these Terms of Use, Inde. Hype! will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Inde. Hype!. You agree that Inde. Hype! will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

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