Welcome to Hypeddit, a service provided by Hypeddit LLC. These Terms and Conditions of Use (“Terms”) govern the use of Hypeddit.com and all related tools, applications, data, software and other services provided (together, the “Website”).
1. Terms
By accessing the Website, you are agreeing to be bound by these Terms and all applicable laws and regulations. The Privacy Policy, DMCA Policy, and Affiliate Agreement provided on the Website are part of the Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- use the materials in connection with the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- use the materials to access websites that contain restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- insert viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, network or personal information;
- use any robot, spider, other automatic device, or manual process to monitor or copy pages from the Website or the content contained thereon or for any other unauthorized purpose without the prior express written permission of Hypeddit LLC, which may be withheld for any reason;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
- take any action that imposes, or may impose in Hypeddit LLC’s sole discretion an unreasonable or disproportionately large load on the Website’s infrastructure;
- take action that is harmful or disruptive to the Website, to the users of the Website, or Hypeddit LLC’s commercial activities;
- use the materials in any way that is outside of the scope of generally acceptable Internet and/or mobile device conduct, is harmful or disruptive to the business of Hypeddit LLC, or is banned by the Terms and/or any other guidelines posted to the Website;
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and this license and/or your account may be terminated by Hypeddit LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license and/or your account, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
- The materials and the Website are provided "as is". Hypeddit LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Hypeddit LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website. Neither the Website nor any related tools, applications, data, software or other services provided on or via the Website are endorsed by SoundCloud® and all materials on the SoundCloud® website remain the property of SoundCloud®. Notwithstanding the generality of the foregoing, Hypeddit LLC is not liable for any changes to the SoundCloud® website or functionality that might affect your use of the Website.
4. Revisions and Errata
The materials appearing on the Website may include technical, typographical, or photographic errors. Hypeddit LLC does not warrant that any of the materials on the Website are accurate, complete, or current. Hypeddit LLC may make changes to the materials contained on the Website at any time without notice. Hypeddit LLC does not, however, make any commitment to update the materials.
5. THIRD-PARTY LINKS AND SERVICES
Hypeddit LLC has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site or service. The inclusion of any link to any site or service does not imply endorsement by Hypeddit LLC of such site or service. Use of any such linked site or service is at your own risk. Similarly, Hypeddit LLC does not have or maintain control over any third-party service, including social media accounts and plugins or marketing platforms and Hypeddit LLC cannot be held liable for their content or operation or your use of the same. Such third-party sites and services have their own terms and conditions and privacy policies that govern their usage for which you are solely responsible for reviewing, understanding, and determining whether you consent thereto. Notwithstanding the generality of the foregoing, Hypeddit LLC is not responsible for any changes to your social media or music-sharing platforms or their functionalities.
6. Content Rights
Any and all audio, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, link to, exchange, or make available to or via the Website (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Hypeddit LLC. Hypeddit LLC does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
By uploading, submitting, or providing references to Your Content through the Website or by integrating the Website with a third-party service or application account owned by you (e.g. Facebook advertisements or Google Ads,) you grant Hypeddit LLC unrestricted, non-exclusive, sub-licensable, royalty-free, and revocable rights to store, use, distribute, make available to public, advertise, modify, display, and reproduce Your Content for the purposes of providing you with the requested services, granting access to Your Content to the users of the Website, operating the Website, and carrying out Hypeddit LLC’s legitimate business interests.
You hereby acknowledge and agree that the users of the Website that obtain access to Your Content through the Website are permitted to communicate Your Content to the public by wire and wireless means, if those users are not acting on a commercial basis or where their activity does not generate significant revenues. The authorization granted by you in the preceding sentence is subject to section 2 of the Terms.
Please note that, in the EU, Your Content may be freely used by the users who download Your Content for the following purposes: quotation; criticism; review; caricature; parody; or pastiche. Also, Your Content may be accessed by research organizations and cultural heritage institutions for the sole purpose of scientific research. In the US, Your Content may be used for similar non-commercial purposes under the Fair Use doctrine.
Without prejudice to any other Terms, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including, without limitation, by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website) may constitute an infringement of third-party rights and is strictly prohibited.
Any such infringements may result in termination of your access to the Website, including termination of your account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder. Furthermore, Hypeddit LLC will terminate your access to the Website if, under appropriate circumstances, you have been determined to be a repeat infringer.
You agree to indemnify, defend and hold Hypeddit LLC and its affiliates, and each of Hypeddit LLC’s and its affiliates' respective past, present and future officers, directors, agents, subsidiaries, employees, contractors, suppliers and principals, harmless from and against any actual or alleged loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to, arising out, or related to of your use of the Website and/or the services offered by Hypeddit, including, but not limited to, your breach of these Terms, negligence, willful misconduct, or infringement of third-party intellectual property rights, including, without limitation, in connection with any claims made by any social media platform or other third party regarding Your Content.
If you use the Website to access or download user-generated content (e.g., music tracks), you agree to use such user-generated content for legitimate purposes only. In addition, unless permitted otherwise by the right-holder of the user-generated content, you are allowed to use the user-generated content for non-commercial purposes only or where your activity including the user-generated content does not generate significant revenues.
7. COPYRIGHT INFRINGEMENT CLAIMS
US USER: Please see our DMCA Policy for more information on how to protect your copyright if you believe that content available on the Website infringes your intellectual property rights.
EU USERS: If you have any grounds to believe that all of the following is true regarding any content available on the Website:
1. The content is covered by DIRECTIVE (EU) 2019/790 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (the “DSM Dir.”); and
2. Its presence on the Website violates your intellectual property rights (or the rights of someone you represent); and
3. You are, or you are authorized to act on behalf of, the rights-holder whose intellectual property rights may be violated,
Then please immediately contact Hypeddit LLC’s copyright agent as provided in our DMCA Policy. In your communication, please specify that you are writing with respect to an EU Copyright Infringement Claim, and not with respect to a DMCA claim. For instance, your email or letter should include the following subject or “re:” line: “EU Copyright Infringement Claim.
Please note that you may be liable for damages, including costs and attorney’s fees, if you materially misrepresent that content is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder, its authorized representative, or if copyright laws protect the material that you wish to report, you may need to consult a lawyer. To properly draft your copyright infringement notice, please follow the instructions provided in our DMCA Policy (even if you are based outside the US).
Upon receipt of a copyright infringement claim, Hypeddit LLC’s staff will review it. If the claim is acceptable, Hypeddit LLC will act expeditiously and disable access to the reported content or remove the reported content from the Website.
If Your Content has been removed as per the Website’s takedown procedure and you believe the takedown was improper, you may file a counter-notification by following the instructions provided in our DMCA Policy. You will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that the takedown was improper. Therefore, in order to assess the takedown, you may need to consult a lawyer.
You are not permitted to upload Your Content again after it has been removed from the website as a result of the Website’s takedown procedure .
If you are based in the EU, alternative dispute resolution (ADR) mechanisms may be available to you.
8. Limitations
You hereby acknowledge and agree that Hypeddit LLC stores Your Content and other information at your direction and request and with your authorization, acts merely as a passive conduit and/or host for the uploading, storage and distribution of Your Content, and plays no active role and gives no assistance in the presentation or use of Your Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Website, and to the extent permissible by law, Hypeddit LLC excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto including, without limitation, any comments its users may make to Your Content on your social media platform(s) connected to our Services. You hereby acknowledge and agree that Hypeddit LLC cannot and does not review the content created or uploaded by its users, and neither Hypeddit LLC nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and/or shareholders have any obligation, and do not undertake or assume any duty, to monitor the Website or your social media and music-sharing platforms for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms or applicable laws or regulations. Hypeddit LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Hypeddit LLC or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
In no event shall Hypeddit LLC or its suppliers be liable for any damages (including, without limitation, special damages, consequential damages, punitive damages, damages for loss of data or profit, or due to business interruption, any and all liability which may arise from any content uploaded to the Website by users) arising out of the use or inability to use the materials on the Website or the Hypeddit services, or which may arise due to issues related to third-party websites, platforms, and services with which Hypeddit integrates, including but not limited to Google Ads, Facebook Ads, TikTok, Snapchat, and SoundCloud® (“third-party advertising companies”), even if Hypeddit LLC or a Hypeddit LLC authorized representative has been notified orally or in writing of the possibility of such damage. The foregoing limitation of liability shall include, but shall not be limited to, advertising campaign spending and fees where arising from or related to your act or omission or any error attributable to you in creating an advertising campaign, errors in the third-party advertiser company's services, or errors in the Hypeddit services with respect to an advertisement campaign, including telecommunications, software, technology, and/or integration failures that may be attributable to Hypeddit. Hypeddit does not make editorial or content decisions regarding your advertising campaigns and does not guarantee that any advertising campaign will be accepted by a third-party advertising company or will remain available via a third-party advertising company. You remain solely responsible for any and all advertising campaigns, their content, target audience, and spend, and bear the sole responsibility to ensure a campaign is running as you desire.
The liability of Hypeddit and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and/or shareholders to any user or third party in any circumstance is limited to the greater of the amount of fees the user pays to Hypeddit in the twelve (12) months prior to the action giving rise to the claim or (b) Fifty U.S. Dollars and No/Cents ($50.00), whichever is greater. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users.
9. Your Account
By using the Website, you represent and warrant that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your account may be terminated without warning if Hypeddit LLC finds that you have violated any of the Terms. Your account subscription is solely for your personal use, and you shall not authorize others to use your account. It is your responsibility to ensure your computer meets all the necessary technical hardware and operating system specifications to enable you to access and use the Website. If you post any of Your Content, we will treat it as non-confidential and non-proprietary to you and Your Content and any other information posted by you in connection with your use of the Website shall not be subject to the Privacy Policy and may be publicly displayed and disclosed by Hypeddit LLC or any third party in any way. In connection with your use of the Website, you should not post information about yourself that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, email address or other such information and if you post such information, Hypeddit LLC cannot prevent it from being used in a manner that violates the Terms, applicable laws or regulations, or your personal privacy and safety you assume the risks and sole liability for the results of such posting and you hereby indemnify and hold Hypeddit LLC harmless with respect to any such liability.
10. Account Subscription
If you wish to upgrade from a free subscription to a monthly or annual paid subscription, you may do so at any time on the Website. Your paid subscription will start after your payment has been processed, and if you are upgrading to an annual paid subscription from a monthly paid subscription, your annual paid subscription will be activated immediately, irrespective of any remaining time on your then-current monthly paid subscription. Hypeddit LLC does not offer you any refund for your paid subscription, whether due to your cancellation of a paid subscription, your subscription upgrade, or termination of your account due to your violation of these Terms.
11. Terms Modifications
Hypeddit LLC may revise these Terms at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms.
12. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Hypeddit LLC and you is intended or created by these Terms.
13. Notices
Except as expressly stated otherwise, all notices to Hypeddit LLC shall be sent to the email addresses provided on the Website 
. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the subscription registration process. Such notice shall be deemed given on the date the email is sent. Alternatively, we may give you notice by mail, postage prepaid and return receipt requested, to an address provided to Hypeddit LLC during your subscription registration process, or to any later given address. In such case, notice shall be deemed given three (3) days after the date of mailing.
14. Miscellaneous
These Terms (and all policies and guidelines that are posted on the Website and incorporated by reference) constitutes the entire agreement between Hypeddit LLC and you pertaining to the subject matter hereof and supersedes all prior agreements and understandings between Hypeddit LLC and you with respect to the subject matter hereof, whether written or oral. The following policies and guidelines are incorporated by reference:
If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. Headings contained herein are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section or provision of these Terms. Hypeddit LLC’s failure to act with respect to a breach by you shall not be deemed a waiver of Hypeddit LLC’s right to act with respect to subsequent or similar breaches.
By connecting your social media accounts to the Website, you also agree to be bound by the respective social media platform’s terms of service and privacy policy.
15. Governing Law
Any claim relating to the Website shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
16. DATA PROCESSING CLAUSE
By using the Website, uploading data from your databases or collecting data from other users on the Website, you agree to be bound by our Privacy Policy published on the Website here.