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TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE

WELCOME TO HIGHER TRACKS, A SERVICE PROVIDED BY THATHARD NTK. THESE TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN THE USE OF HIGHERTRACKS.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 and Copyright Policy 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

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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:

  1. modify or copy the materials;

  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  3. use the materials in connection with the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

  4. 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);

  5. 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;

  6. 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 Thathard NTK, which may be withheld for any reason;

  7. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;

  8. take any action that imposes, or may impose in Thathard NTK’s sole discretion an unreasonable or disproportionately large load on the Website’s infrastructure;

  9. take action that is harmful or disruptive to the Website, to the users of the Website, or Thathard NTK’s commercial activities;

  10. 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 Thathard NTK, or is banned by the Terms and/or any other guidelines posted to the Website;

  11. attempt to decompile or reverse engineer any software contained on the Website;

  12. remove any copyright or other proprietary notations from the materials; or

  13. 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 Thathard NTK 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

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The materials and the Website are provided "as is". Thathard NTK 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, Thathard NTK 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, Thathard NTK is not liable for any changes to the SoundCloud® website or functionality that might affect your use of the Website.

 

4. REVISIONS AND ERRATA

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The materials appearing on the Website may include technical, typographical, or photographic errors. Thathard NTK does not warrant that any of the materials on the Website are accurate, complete, or current. Thathard NTK may make changes to the materials contained on the Website at any time without notice. Thathard NTK does not, however, make any commitment to update the materials.

 

5. LINKS

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Thathard NTK 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 Thathard NTK of such site. Use of any such linked site is at your own risk. Notwithstanding the generality of the foregoing, Thathard NTK is not responsible for any changes to the SoundCloud® website or functionality.

 

6. CONTENT RIGHTS

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Any and all audio, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Website (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Thathard NTK. Thathard NTK does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. 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. You agree to indemnify, defend and hold Thathard NTK and its affiliates, and each of Thathard NTK’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.

 

7. LIMITATIONS

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You hereby acknowledge and agree that Thathard NTK stores Your Content and other information at the direction, request and with your authorization of, 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, Thathard NTK 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 Thathard NTK cannot and does not review the content created or uploaded by its users, and neither Thathard NTK 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. Thathard NTK 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 Thathard NTK or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

In no event shall Thathard NTK 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 Thathard NTK or a Thathard NTK authorized representative has been notified orally or in writing of the possibility of such damage.

 

8. YOUR ACCOUNT

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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 Thathard NTK 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 Thathard NTK 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, Thathard NTK 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 Thathard NTK harmless with respect to any such liability.

 

9. ACCOUNT SUBSCRIPTION

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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. Thathard NTK 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.

 

10. TERMS MODIFICATIONS

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Thathard NTK 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.

 

11. NO AGENCY

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No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Thathard NTK and you is intended or created by these Terms.

 

12. NOTICES

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Except as expressly stated otherwise, all notices to Thathard NTK 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 Thathard NTK 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.

 

13. MISCELLANEOUS

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These Terms (and all policies and guidelines that are posted on the Website and incorporated by reference) constitutes the entire agreement between Thathard NTK and you pertaining to the subject matter hereof and supersedes all prior agreements and understandings between Thathard NTK and you with respect to the subject matter hereof, whether written or oral. 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. Thathard NTK’s failure to act with respect to a breach by you shall not be deemed a waiver of Thathard NTK’s right to act with respect to subsequent or similar breaches.

 

14. GOVERNING LAW

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Any claim relating to the Website shall be governed by the laws of the E.U. without regard to its conflict of law provisions.

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