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.
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. The inclusion of any link to any site does not imply endorsement by Hypeddit LLC of such site. Use of any such linked site is at your own risk. Notwithstanding the generality of the foregoing, Hypeddit LLC is not responsible for any changes to the SoundCloud® website or functionality.
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, 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 any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website including, without limitation, in connection with any claims made by SoundCloud® 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.
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 authorised 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.
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 the SoundCloud® website. 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 the SoundCloud® website 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, 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 which may arise due to issues on the SoundCloud® website even if Hypeddit LLC or a Hypeddit LLC authorized representative has been notified orally or in writing of the possibility of such damage.
If you wish to upgrade from a free subscription to a monthly or annual “pro” subscription, you may do so at any time on the Website. Your “pro” subscription will start after your payment has been processed and if you are upgrading to an annual “pro” subscription from a monthly “pro” subscription, your annual “pro” subscription will be activated immediately, irrespective of any remaining time on your then-current monthly “pro” subscription. Hypeddit LLC does not offer you any refund for your “pro” subscription, whether due to your cancellation of a “pro” subscription your upgrade to a “pro” subscription or termination of your account due to your violation of these Terms.
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.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Hypeddit LLC and you is intended or created by these Terms.
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.
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 YouTube account to the Website, you also agree to be bound by the YouTube Terms of Service https://www.youtube.com/t/terms.
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.
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 Data Processing Agreement published on the Website here.
SoundCloud® is a registered trademark of SoundCloud Limited.