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Tuesday, September 26, 2017

 

Our Terms & Conditions

 

Welcome to Hypergate Records Backstage. Here you can download promos, samples and other packs from Hypergate Records Backstage. You are also allowed to upload demos of your original tracks and share with us.

 

By registering you agree with the terms of Hypergate Records Backstage. 

 

  • Only you can access your Hypergate Backstage Account (*1)
  • You are not allowed to share downloads from Hypergate Backstage
  • Your account and ip can be banned at any moment if the administration finds miss used of your account
  • You can use Hypergate Backstage to upload only your original creations.
  • You agree with Hypergate Backstage Terms and Conditions (*2)

 

 

(*1) If you share your login details that can lead to ip banned and account deactivated.

(*2) Check our Terms and Conditions


These Terms and Conditions for Hypergate Records Backstage Agreements set out the terms under which you, as a Partner of Hypergate Records Backstage, agree to share content with Hypergate Records Backstage. They should be read in conjunction with the Term Sheet issued to you by Hypergate Records Backstage and together these form your Agreement with Hypergate Records Backstage.

1. Definitions

1.1 You are allowed to share your own content only. Files from other users you are allowed to download only and not share any links or otherwise send out files taken from Hypergate Records Backstage which can lead to account deactivation and IP Banned.

2. Rights and Licence to Use

2.1 The Licensor shall retain all copyright and all other right, title and interest in and to its Content. Subject to the terms of this Agreement, the Licensor hereby grants to the Licensee a non-exclusive, worldwide licence for the Contract Period to load the Licensor Content on to its server and use, reproduce, transmit and publicly display the Content on the Licensee Platform in accordance with this Agreement and the Publication Limits.

2.2 Licensor grants an irrevocable and permanent worldwide licence subject to Clause 4 to:

2.2.1 store the Content in internal archives; and

2.2.2 publish and transmit the Content on the Licensee Platform

after the Contract Period only in the same form and context, and to the extent, that such Content has been reproduced on the Licensee Platform during the Contract Period in accordance with this Agreement.

2.3 Partner grants to Hypergate Records Backstage the perpetual right to authorise the Believe Digital Distribution (BDD) to distribute or license the distribution of the Partner Content for the BDD's licensed acts and purposes as amended from time to time.

2.4 The Partner shall email with the title, author and date of all items of Hypergate Records Backstage Content it wishes to publish on the Partner Website. The parties shall discuss in good faith the procedure for the supply of the Partner Content from Partner to Hypergate Records Backstage. The Licensee agrees not to publish any Content until it has confirmation that the Licensor has sufficient rights in the Content.

2.5 End users of the Licensed Platforms may view, print and download the Content for their own personal use only (and not in a systematic or regular manner so as to create a database of the contents) and may not reproduce the Content or transmit it to or store it in any other website or disseminate it in any other form. Each party shall ensure that the terms of use of material on the Licensed Platforms include restrictions of equivalent or greater affect to those set out in this clause.

2.6 The Licensee shall not edit, modify, use, copy, transmit, display or redistribute the Licensor Content in any way except as set out in Clauses 2.1-2.3. The Licensee may not copy any other material which appears on the Licensor Platform without its prior written approval.

2.7 Hypergate Records Backstage may change the headline, standfirst and add pictures and captions to the Partner Content but shall not make any changes to the body of the Partner Content. If the Partner objects to the changes made, Hypergate Records Backstage shall remove them with immediate effect. The Partner may not make any changes to the Hypergate Records Backstage Content unless Hypergate Records Backstage agrees to the specific change required.

3. Logos and Credits

3.1 Hypergate Records Backstage shall display the Partner Logo on the Hypergate Records Backstage Platforms. The Partner shall display the logo of the Hypergate Records Backstage Content Network as defined in the Term Sheet on the front page or other prominent position on the Partner Website.

3.2 The Partner shall publish a credit alongside each item of Hypergate Records Backstage Content with the name of the author and the name of the Hypergate Records Backstage Content Network as defined in the Term Sheet hyperlinked back to the relevant home page on Hypergate Records Backstage's network of websites.

3.3 Hypergate Records Backstage shall publish a credit alongside each item of the Partner Content as follows:

[Author] for [Partner], part of the [Hypergate Records Backstage Content Network]

3.4 The Licensor shall retain all right, title and interest in and to its name, logo and trade marks worldwide.

4. Display and Removal of Content

4.1 The Licensee acknowledges that on occasion the Licensor may need to remove certain parts of the Content for legal reasons and accordingly the Licensee shall, on receipt of a notice from the Licensor, immediately remove from the Licensee Platform any part of the Content identified in such notice.

4.2 In the event that such Content is not removed from the Licensee Platform within 24 hours, the Licensee agrees to indemnify the Licensor from and against all costs, claims and expenses attributable to and/or resulting from such non-removal. The Licensee shall have the right to control any proceedings in relation to which this indemnity applies.

5. Confidentiality

5.1 Each party undertakes to use all documents and all technical, commercial, financial and other information which is obtained from the other party in connection with this Agreement, or with the negotiations leading up to it, for the purpose of performing this Agreement, to treat them confidentially and to make them available or disclose them to third parties only so far as it is necessary (i) for the performance of this Agreement; or (ii) as permitted under the Licence to Use in Clause 2; or (iii) to their professional advisers; or (iv) as required by law. Further, each party undertakes not to disclose to any person, without the previous written consent of the other party, the existence of any term of this Agreement, or the existence of any information about any dispute or disagreement between the parties.

5.2 The obligations of confidentiality set out above shall not apply to any documents or information which a party can show:

5.2.1 at the time of its acquisition was in, or at a later date has come into, the public domain, other than following a breach of this Clause 5; or

5.2.2 it knew prior to first disclosure to it by the other party; or

5.2.3 it received independently from a third party with the full right to disclose.

6. Warranties and Exclusions

6.1 The Licensor warrants that it has full right, title and authority to license the Content to the extent set out in this Agreement and that the Content shall not be an infringement of any third party intellectual property rights.

6.2 Save the warranty as set out in clause 6.1, the Licensor excludes any and all warranties, conditions or other terms implied by statute, common law or otherwise to the fullest extent permitted by law.

6.3 The Licensor shall not be liable (and hereby excludes liability) for the consequences of any inaccuracy, interruptions or errors in the Content.

6.4 Each party shall be solely responsible for virus detection and the development, operation and maintenance of their respective websites and for imposing disclaimers on end users of the Website equivalent to those set out in this Clause 6.

6.5 The Licensor does not provide the Content for any specific purpose or persons. Accordingly, it is not intended to be relied upon in making any particular decisions and appropriate independent advice should be obtained before doing so.

6.6 Some of the Content may contain links to websites provided by independent third parties. The Licensor is not responsible for the availability or content of such sites and shall not be responsible for any transaction concerning goods or services available from those sites.

6.7 The Licensee shall promptly inform the Licensor in the event of any claim by a third party in relation to the Content and the Licensee shall comply with the reasonable requests of the Licensor in relation to such claim.

7. Exclusion of Liability

7.1 Neither party shall be liable to the other for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement or the Content, even if one party has advised the other of the possibility of such damages.

8. Termination

8.1 Either party may terminate this Agreement by giving written notice to the other in any of the following events:

8.1.1 if the other party commits any breach of any of the terms of this Agreement and fails to remedy that breach (if capable of remedy) within 7 days after notice from the other party giving full particulars of breach and requiring it to be remedied; or

8.1.2 if any step, action, application or proceeding is taken in relation to the whole or any material part of the other party for a voluntary arrangement or composition or reconstruction of its debts, or winding up, dissolution, administration or receivership (administrative or otherwise) or a threat of the same.

8.2 The Agreement may be terminated by either party, on giving the other 30 days written notice.

8.3 On termination of this Agreement the rights and obligations of the parties shall terminate except that the provisions of Clauses 2.2, 2.3, 2.5 and Clauses 3-7 shall survive any termination or expiration of this Agreement.

9. General

9.1 Any notice given under this Agreement shall be in writing to the Contact specified on the Term Sheet or such other Contact as the parties may notify from time to time and may be delivered to the other party or sent by pre-paid post or email to the address of that party specified in this Agreement or such other address as may be notified under this Agreement by that party from time to time for this purpose.

9.2 The parties do not intend for any third party to have any rights under this Agreement by virtue of the Contracts (Rights or Third Parties) Act 1999 or otherwise.

9.3 A party shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent that this failure or delay is the result of any cause or circumstance beyond the reasonable control of that party and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If by reason of force majeure a party is unable to perform all or any part of its obligations under this Agreement for a continuous period of 20 working days, the other party may terminate this Agreement immediately by written notice.

9.4 Neither party shall assign or transfer its rights or obligations under this Agreement without the other party's prior written consent.

9.5 This Agreement represents the entire terms agreed between the parties in relation to its subject matter. Any variation to this Agreement must be agreed in writing by the parties.

9.6 Nothing in this Agreement shall be deemed to create a partnership or joint venture between the parties. No party shall have the authority to bind the other party or to contract in the name of or create a liability against the other party in any way for any purpose.

9.7 No failure or delay by any party in exercising its rights under this Agreement shall operate as a waiver of that right nor shall any single or partial exercise by either party of any right preclude any further exercise of any other right.

9.8 Each party shall comply with all applicable law including, without limitation, the provisions of the Data Protection Act 1998.

9.9 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

9.10 This Agreement shall be governed by and interpreted in accordance with the laws of Portugal and EU. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.

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