Terms of Use
Last Updated: Jan 4, 2024
These Terms of Use ("Terms") contain information on and govern the use and access to the licensed songs (understood to include: sound recordings, compositions, remixes), video, album artwork, creative materials, and other information (collectively: the “Content”) on the website hookmusic.com (the “Site”) and software application (the “App”) (collectively: the “Service”) that are maintained and controlled by Hook Media, Inc (“Hook”, “We”, or “Us”).
These Terms and You
These Terms are between you, as someone who accesses the Service (“You”, “User”) and Hook Media, Inc, 200 Riverside Blvd. Apt 21B New York, NY 10069. Your use of the Service, and access to the Content is conditioned upon your acceptance without modification of these Terms and subject to your acceptance of the Hook Privacy Policy (the “Privacy Policy”). The Privacy Policy is deemed made part of these the Terms and is incorporated by reference.
If you do not agree to these terms, then please do not access the service.
Modification of The Terms
Hook may, at its sole discretion, modify these Terms at any time without incurring any liability to you. If we do, we will bring it to your attention by placing a notice on the Service. If you don’t agree with the revised Terms, please do not access the Service. If you access the Service in any way after a change to the Terms is effective, that means you agree to all the revisions made by Hook to the Terms.
The Service – A Description
The Service is a free-to-the-registered User, Remix creation, rights management, Remix distribution platform that is designed to legally empower User creativity while ensuring that the third-party owners of licensed Content available on the Service have control over the use and distribution of their Content.
Through the Service, the registered User can access a creator interface (“Creator Interface”) that provides features and settings by which the User can:
- Browse a library of licensed sound recordings and the underlying compositions embodied in the sound recordings (the “Songs”); and
- Isolate up to sixty (60) seconds of the Song (a “Clip”); and
- Apply pre-set audio parameters intended to create specific predetermined audio effects and editing effects (collectively, the “Creation Filters”) that when applied to a Clip will create a new derivative version of the Song (the resulting creation, a “Remix(es)”); and
- Create and upload User generated images, video, and/or descriptive words to accompany the Remix (the “Your Materials”); and
- Associate and synchronize Your Materials in timed relation to the Remix; and
- Share, browse, search, and view their own and other Remixes (with or without Your Materials) within the Creator Interface; and
- Share the Remixes on approved third party social media platforms.
Account Registration
The Service is only available to registered Users. To register with the Service, you will need to create a registered Hook account by providing your name, date of birth, selecting a username, providing an email, selecting a password, and agreeing to these Terms. Your username and password are for your personal use only and should be kept confidential.
You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You understand that you are responsible for all use (including any unauthorized use) of your username and password. Please contact Customer Service via email: help@hookmusic.com immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
By accessing the Service, you warrant that the registration information that you submit to Hook is and will at all times be true, accurate and complete.
You further acknowledge that: (i) Hook may require you to change your registration information for any reason and (ii) if Hook disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.
The email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.
Communications
By using the Service or providing personal information to us, you agree to receive communications from us, including via e-mail. Communications from us may include but are not limited to operational communications concerning your account or the use of the Service, updates concerning new and existing features on the Service, communications concerning promotions run by us or our third-party partners, and news concerning the Hook and industry developments.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
Age and Eligibility Requirements
Access to the Service is restricted to individuals who are at least 18 years old - which in most jurisdictions is the age which an individual may legally enter into a binding agreement.
If you are under the age of 18, but at least 13 years of age, you may use the Service only after obtaining the consent of a parent or legal guardian who have agreed to be bound by the Terms.
The Service is not intended for children under the age of 13.
By accessing the Service, you represent that:
- You meet the eligibility requirements stated above, and
- You are acting in your in your right and capacity; or
- You have the full authority on behalf of the User to legally bind the User to the Terms and to agree to these Terms on behalf of the User.
- General Hook grants you a personal, limited, nontransferable, non-sublicensable, revocable license to access and use the Service personal, informational, non-commercial purposes.
- The App Further and subject to the limitations set forth in the Terms, Hook grants the User a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal or internal use. The App is licensed, not sold, or transferred to you. Hook and its designees will retain ownership of all copies of the App even after installation on your device.
- The Service Through the features made available on the Service via the Creator Interface, you may access Songs to create Remixes. Hook grants you the following limited, revocable, non-exclusive, non-transferable non-sublicensable rights:
- To select a Clip from the Songs solely through the Creator Interface; and
- To modify, remix or alter the Clip to create Remix for personal and non-commercial purposes, solely via the features made available on the Creator Interface; and
- To synchronize the Remix in timed relation with approved artwork or Your Materials; and
- To reproduce, transmit, publicly perform, or display, communicate, and make available to the public the Remix, within the Service platform and/or on approved Third Party Services via the Creator Interface in each case, subject to the terms and conditions of the (i) the applicable Third-Party Service; (ii) Hook’s agreements (if any) with the Third-Party Service, and (iii) Hook’s license with Songs’ rights owners; and
- To participate in the community areas within the Service and communicate with other Users.
- Hook Branding All Hook trademarks, service marks, trade names, logos, domain names, and any other features of the Hook brand are protected by applicable intellectual property laws and are the sole property of Hook or our licensors (collectively the “Hook Branding”) Nothing in these Terms shall be construed to give the User any right, title, or interest in the Hook Branding whether for commercial or non-commercial use.
- Hook Property In addition to the Hook Branding, you acknowledge that Hook or its licensors, retain all right, title, and interest throughout the World and in perpetuity, to all intellectual property rights in the Service including but not limited to the visual interfaces, interactive features, audio, video, audio-visual material, graphics, design, compilation, computer code, products, software, services, proprietary information, distinctive information (such as logos), the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Service that are provided to the User by Hook (collectively the “Hook Property”). Nothing in these Terms shall be construed to give the User any right, title, or interest in the Hook Property whether for commercial or non-commercial use.
- Using scraping or other techniques repurpose, republish, or remove of any Content from the Service.
- Use any techniques or services to misrepresent the popularity of your Remixes on the Service, or to misrepresent your activity on the Service, including by the use of bots, botnets, scripts, viruses, worms, computer code, files, programs, or other automated processes.
- Altering, obscuring, or removing, or attempting to do the same, any trademark, copyright, metadata or other proprietary or legal notices contained in, or appearing on the Service or any Content appearing on the Service (other than in Your Materials).
- Copying or adapting, either by yourself or via a third party, the object code of the Service, or attempting to reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any digital rights management or copy protection mechanism or access any rights management information pertaining to Content other than Your Materials, except to the extent permitted by applicable law.
- Using or attempting to use another person's account, password, or other information, unless you have express permission from that other person.
- Collecting or attempting to collect personal data, or any other kind of information about other Users, including through spidering or any form of scraping.
- Attempting to gain unauthorized access to the Service or any part of it, other accounts, computer systems or networks connected to the Service or any part of such accounts, systems, or networks, through hacking, password mining or any other means or interfere or attempt to interfere or disrupt the Service.
- Download or copy the Service or Hook Property (other than as specifically permitted in these Terms)
- You agree that all Remixes, from the inception of creation shall remain the sole property of Hook its assignees or designees throughout the World, free of any claim whatsoever by you or any other third party other than the true owners of the sound recording and underlying composition embodied in the sound recording.
- Hook, its assignees and designees shall have the exclusive right to copyright each Remix in the name of its owner and author thereof and to secure any and all renewals and extension throughout the World.
- Each Remix shall be deemed a "work for hire" owned by us or our assignees and designees.
- If for any reason, any such Remix is determined not to be a "work for hire" all right title and interest in the Remix, including all copyrights therein are hereby deemed irrevocably transferred by the User to Hook or its assignees and designees immediately upon creation of the Remix.
- To the extent that any third party you engaged or otherwise collaborated with in connection with the creation of the Remix has any right, title or interest in or to any such Remix (or any component thereof), you agree to: (a) cause each of your third party to execute any documents or take any other actions as Hook may request to irrevocably waive such rights and perfect Hook’s ownership interest in and to any Remix and at Hook’s request, consent to and join in any action to enforce such rights.
- In the event you fail to execute any documents or instruments necessary to conclude the foregoing transfer, then you hereby irrevocably grant to Hook the power to do so on your behalf. Hook shall use reasonable efforts to provide you with copies of any such documents mentioned in the preceding sentence.
- You hereby irrevocably and unconditionally waive any and all moral and like rights that you might have in any such Remix and in the performances embodied therein and hereby agree not to make any claim against Hook or any party authorized by Hook to exploit such Remix based on such moral or like rights.
- Without limiting any of Hook or its designees rights in the Remix, Hook or its designees shall have the universe-wide exclusive right, in perpetuity, in its sole discretion, to use, reproduce, distribute, adapt, create derivative works based on, transmit, display and perform (publicly or otherwise), make, sell, offer to sell, import and otherwise exploit any Remix (including, without limitation, in albums, singles, records, music videos, and any advertisements, trailers, clips, featurettes, or other promotions in connection therewith), in any and all media now known or hereafter devised, and by any means or methods now known or hereafter devised.
- entitle you to any compensation, revenue share, royalties, or income whatsoever from Hook or any third party in connection with the use of the Service, Creator Interface, the creation of Remixes or the distribution and exploitation of any Songs or Remixes;
- permit you to download the Song or Remix in any manner;
- permit you to modify, adjust, remix, alter or change the Song or Remix via any platform, digital audio interface or audio remixing tool kit other than the Creator Interface and the pre-set audio parameters and effects included in the Creator Interface;
- permit you to broadcast, share, assign, license, sell, distribute, transfer, or make available the Song or Remix in any manner not expressly provided for in these Terms;
- permit you to register or claim any copyright in the Song or Remix;
- allow you to use the Songs or Remixes to create content that is illegal, defamatory, offensive, or obscene.
- permit you to use the Songs or Remixes in any unlawful manner or for any unlawful purpose or in any manner that is consistent with these Terms.
- You have permissions, approvals, licenses, and are otherwise authorized to grant Hook the above rights to Your Materials;
- Your Materials do not violate, plagiarize, misappropriate, or infringe the rights of any other party including, without limitation, copyright, trademark rights, rights of privacy or publicity, proprietary rights, or any other rights of a third party;
- Your Materials are not offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically, culturally offensive, or indecent.
- Your Materials do not promote violence, terrorism, or illegal acts, incite hatred on grounds of race, gender, religion, or sexual orientation, and are not otherwise objectionable in our reasonable discretion.
- Your Materials do not encourage, induce, solicit, or promote, any conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
- Your Materials do not contain unsolicited or unauthorized advertising, promotional messages, spam, or any other form of solicitation.
- Your Materials or your conduct on the Service does not involve stalking, exploiting, threatening, trolling, bullying, abusing or otherwise harassing another User, or any of our employees.
- Termination by You You may terminate the Terms or cancel your account with Hook at any time by sending a notice via email to help@hookmusic.com confirming such termination or cancellation.
- Termination by Us We may terminate the Terms, suspend your account, or remove your access to the Service and the Content on a temporary or permanent basis at any time for any suspected breach or noncompliance of the terms and conditions herein, unauthorized use of the Content or Service. We may also terminate the Terms if we withdraw or wind down the Service, in which we shall provide you with adequate notice in advance of doing so.
- Consequences of Termination Upon termination of the Terms, your Hook account and any and all of Your Materials and Remixes residing in your account, or pertaining to activity on the Service (for example: data relating to the consumption of your Remixes) may be irretrievably deleted by us, except the extent that we are obliged or permitted to retain such data or information in compliance with applicable laws or regulations and/or to protect our legitimate business interests.
- You have the full power and authority to enter and perform the obligations specified in these Terms, which you acknowledge, is a valid, legal, and binding agreement between you and Hook.
- You will access and use the Service for the purposes expressly permitted by Hook in the Terms.
- Your Materials and the availability thereof on the Service does not and will not infringe or violate the rights of any third party, including any copyright or other intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
- You have understood and agree to all the terms and conditions in the Terms.
- Your breach of these Terms including any representation or warranty made hereunder;
- Your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
- Any activity related to your account on the Service, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by an act or default for which we are responsible.
- Your name, telephone number, address, and e-mail address; and
- A description of the copyrighted work that you claim has been infringed; and
- A description of the material on the Site that you believe is infringing the copyrighted work and where such material may be found on the Site; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
- Assignment This Terms will not be assignable or transferable by you to any third party without the prior written consent of Hook. We may assign the Terms any of our rights under the Terms, in whole or in part, and we may delegate any of our obligations under the Terms, to any third party at any time without notice, including to any person or entity acquiring all or substantially all of the assets or business of Hook.
- Entire Agreement. The Terms contain the entire understanding between you and Hook regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between Hook and you regarding its subject matter.
- Waiver No failure or delay by a party in exercising any right, power, or privilege under the Terms will operate as a waiver thereof.
- Relationship of Parties No agency, partnership, joint venture, or employee-employer relationship is intended or created by the Terms.
- Enforceability Unless otherwise stated in the Terms, should one or more provisions of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the fullest extent permitted by law. Any failure by us to enforce the Terms or any provision thereof shall not constitute a waiver of our right to do so.
- Compliance The Service is hosted and operated in the United States of America and Hook makes no representation that any content is appropriate for access outside of the United States, and those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Service and You
The Service is exclusively owned by Hook Media, Inc. Subject to these Terms and in compliance will all applicable privacy, data protection and intellectual property laws, Hook grants the User the following:
Prohibited Uses of The Service
You acknowledge that you are expressly prohibited from:
If you use the Service in a manner that exceeds the scope of this license or breaches these Terms, Hook may revoke the license granted to you and prevent you from accessing the Service.
Your Rights to the Songs and Remixes
Your access to the Songs and creation of Remixes on the Service is subject to the following binding terms and conditions:
For the avoidance of doubt and notwithstanding anything to the contrary contained in the Terms, you hereby acknowledge and accept that the above license DOES NOT:
Hook reserves the right to revoke its license to you if it discovers that you are using a Song or Remix in any of the foregoing ways or as not expressly permitted hereunder.
Your Materials
You may submit or otherwise make available to Hook certain images (including your likeness), videos, your name and biographical information, or written descriptions in connection with your use of Services (collectively the “Your Materials”).
We do not claim any ownership rights in Your Materials, and you hereby expressly acknowledge and agree that Your Materials remain your sole responsibility.
You hereby agree that Your Materials are not confidential, and you hereby grant to Hook, its licensees, assignees, and designees an irrevocable, worldwide royalty free, fully paid, non-exclusive, perpetual, transferable and fully sublicensable license without any additional consideration to you or any third party, to use and exploit Your Materials in any and all media now known or hereafter devised.
You warrant and represent to Hook, its designees, and assignees that:
While we have no obligation to and do not monitor, review or edit Your Materials, we reserve the right to block, remove or delete Your Materials at any time, and to limit or restrict your access to any Content or the Service and/or pursue all legal remedies, for any reason and without liability, including if we have reason to believe that Your Materials infringes or may infringe upon the rights of any third party, or violates or may violate these Terms.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or submitted to the Service by other Users ("Other User’s Materials"). You accept that any reliance on Other User’s Materials posted by other Users or third parties will be at your own risk. By using the Service, you accept the risk that you might be exposed to Other User’s Materials and Content that is objectionable to you.
Termination
These Terms shall continue in perpetuity until terminated by either you or Hook.
Beta Testing Period, TestFlight, and Third-Party Sites and Services
The Service is currently in its testing and development phase (“Beta Testing Period”). In order to access the Services during the Beta Testing Period, you may be required to register for third party services such as Apple’s TestFlight (“TestFlight”) and will need to accept Apple’s TestFlight Terms of Service and TestFlight Privacy Policy. (collectively the “TestFlight Agreements”) that govern your use and access to TestFlight.
You acknowledge that Hook does not control TestFlight and is not responsible for any loss, injury, claim, liability, or damage related to your use of any TestFlight at any time, whether from errors or omissions in the content on TestFlight, errors in downloading the TestFlight or from the Test Flight being down. You acknowledge and agree that Hookdoes not endorse any advertising, products, or other Content on or available on TestFlight.
Hook may also include in the Service, links to third party sites and services (“Third Party Services”). You acknowledge that Hook does not control these Third-Party Services. You acknowledge and agree that Hook is not responsible for the availability of Third-Party Services, and does not endorse any advertising, products, or other Content on or available on Third Party Services. You further agree that Hook will not be liable to you in any way for your access of any Third-Party Services.
Data Protection, Privacy, and Cookies
Your submission of personal data that you provide in connection with use of the Service is collected, stored, and used by Hook in accordance with our Privacy Policy. In addition, as is in common with most online services, we use cookies to help us understand how people are using the Service, so that we can continue to improve the services we offer. Our use of cookies, and how to disable cookies, is explained in our Privacy Policy.
Your Additional Representations and Warranties to Hook
In addition to the above representations and warranties, you also warrant and represent that:
Your Indemnifications
To the fullest extent allowed by applicable law, you agree to indemnify and hold Hook, its successors, assigns, designees, affiliates, directors, shareholders, officers, agents, and employees, (“Hook Entities”) harmless from and against all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from, or related to:
Further to your indemnifications above, Hook will have the right to control the defense, settlement, and resolution of any claim for which you must indemnify Hook at your sole expense and for which you must cooperate with Hook in every step of the process. You may not settle or otherwise resolve any claim in Hook’s name unless you have Hook’s express written permission.
The Service – Limitations and Updates
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in the Service or in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions.
Hook reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons. You understand, agree, and accept that we will make reasonable efforts, although we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Any new versions, tools, resources and other services and features released for the Service are subject to these Terms, as well as any additional terms and conditions that may apply to those specific releases.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, (A), THE SERVICE, AND CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND (B) HOOK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. HOOK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, THAT ANY OF THOSE ISSUES WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM THE ACCESS OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
ANY CONTENT ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH SERVICE CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOOK OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THE HOOK ENTITIES (AS DEFINED ABOVE) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HOOK ENTITIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SERVICES, THIRD-PARTY APPLICATIONS AND THEIR OPERATORS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Limitation of Liability and Indemnifications
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOOK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HOOK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HOOK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF AMOUNTS YOU HAVE PAID TO HOOK, IF ANY, DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE OF YOUR CLAIM AGAINST US, OR $100.00
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FOR UK USERS, HOOK DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY HOOK'S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.
You hereby release Hook Entities and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site, including but not limited to, any interactions with or conduct of other Third-Party Site of any kind arising in connection with your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states,
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Hook Entity or for such party's fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
Notices
All notices required or permitted to be given under the Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Hook, you must use the following address:
By Email:
legal@hookmusic.com
By Courier:
Hook Media, Inc.
Attn: Legal Affairs
100 Riverside Blvd – Unit 25C
New York, NY 10069
If Hook provides notice to you, Hook will use the contact information provided by you to Hook. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement, and that the email address(es) provided or associated with your Hook account in the Site are utilized solely by you, and therefore all communications, authorizations and approvals made through and to such email are made directly by and to you, and accordingly it is your responsibility to update such information in your Site account.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Terms and any access to or use of this Site will be governed by the laws of the State of New York, excluding its conflict of law provisions and the application and the proper venue for any disputes arising out of or relating to the Terms, and any access to or use of the Site, will be the state and federal courts located in New York County, New York, U.S.A.
Copyright Infringement Claims
Hook respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. Infringing activity will not be tolerated on or through the Site. Hook will promptly remove or disable any Materials that Hook believes in good faith, following its receipt of notice in accordance with the requirements below, that the Materials infringe a third party’s rights. Whether or not Hook disabled access to or removes materials, Hook may attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and/or take other reasonable steps to notify the user that Hook has received notice of an alleged violation of intellectual property rights or other violation. Hook may also, in its discretion, terminate the accounts of repeat copyright infringers or of those who post inaccurate or unlawful content. Any notice or counter-notice you submit must be truthful and submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Procedure for Reporting Claimed Infringement on the Site
If you believe in good faith that your copyright or other intellectual property rights have been infringed, please provide us with a written notice, pursuant to the Digital Millennium Copyright Act (17 U.S. Code §512 – hereinafter referred to as the “DMCA”) containing:
Please submit your notice to Hook as follows:
By Email:
legal@hookmusic.com
By US Mail:
Hook Media, Inc.
Attn: Copyright Claims
200 Riverside Blvd – Unit 21B
New York, NY 10069
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
False Notificaitons of Infringement
The Copyright Act provides that "[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [our] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it." 17 U.S.C. § 512(f). Accordingly, we reserve the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. The foregoing is not intended to provide you with legal advice.
Hook reserves the right to seek damages from any party that submits a false notification of claimed infringement or a false counter notice to restore content in violation of applicable Federal or State laws.