Terms & conditions

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Please read these Terms and Conditions of Use (these “Terms”) as they govern use of and access to the HVR Service for Artists (“HVR for Artists”) and any material that is made available through HVR for Artist, the “Content” as described below.  Please read this Agreement carefully. By clicking "I agree" or otherwise signifying your acceptance of this Agreement or by submitting User Content (you are agreeing to be legally bound by this Agreement.

These Terms are between You and your Subscribing Entity (collectively “You”), on the one hand, and Hover Audio Streaming Services, LLC., a New York Corporation with offices at Union, NJ (“HVR Stream”). By signing up for, accessing, submitting Content or otherwise using HVR for Artists, You  agree to these terms on behalf of yourself or the entity, organization or business that you represent, including without limitation, a recording artist or a record label (the “Subscribing Entity”), and you represent and warrant that (i) You are an authorized representative of that Subscribing Entity with the authority to bind the Subscribing Entity to these Terms; (ii) the Subscribing entity agrees to be bound by these terms; and (iii) you agree to be bound by these Terms on behalf of the Subscribing Entity.

You hereby agree to submit the User Content and become part of the HVR for Artist Program in accordance with the terms and conditions of this Agreement. "Content" means any work, including video footage, photographs or stills, illustrations, music or sound effects track, animation, a 3D model or other digital media work, music, lyrics, videos, artwork, or any other materials that You submit HVR for Artists under these Terms. User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed or posted to HVR for Artist by users like You. HVR Stream and/or any third party appointed by HVR Stream may in its sole discretion decide to use all, or parts of, the metadata provided in connection with such User content, as well as to supplement and or replace such metadata.

Age and eligibility requirements

In order to use HVR for Artists on behalf of your Subscribing Entity, you need to: (1) be 18 years of age (or the equivalent age of majority in your jurisdiction) or older; (2) have the power to enter a binding contract with us on behalf of your Subscribing Entity and not be barred from doing so under any applicable laws; and (3) reside in a country where HVR Stream for Artists is available. You also promise that any registration information that you submit to HVR Stream is true, accurate, and complete, and you agree to keep it that way at all times.

In Exchange for the Content, HVR Stream shall provide the following:

1) Free Profile & Bio with Unlimited Upload of your content. 

2) Free Song/Album or Podcast display placement on our app, website, and social media platforms. 

3) Free promotion and advertising affiliated with HVR Stream marketing campaigns and product rollouts. 

4) HVR for Artist will invite artists of their choosing to be featured and perform their song(s) at a selected production studio.

Grant of Licensing Rights to HVR Stream in the User Content.

The Content you are submitting is not a “work for hire” for HVR Stream. As between You, your Subscribing Entity and HVR Stream, You own all rights, title and interest for the User Content, and You are responsible and liable for, all copyrights and intellectual property rights in the User Content. 

HVR Stream does not claim any ownership rights in the User Content that you and your Subscribing Entity post to HVR for Artists. After posting User Content to the Service, as between you and your Subscribing Entity and HVR Stream, you and your Subscribing Entity will continue to retain any rights you and your Subscribing Entity may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you and your Subscribing Entity grant to HVR in the next paragraph of this section. You will be responsible for procuring and paying for all necessary rights, licenses and clearances, including without any limitation any required payments to any recording artists, performers, writers, actors, singers, producers, union members (if engaged) and any and all other royalty participants arising from the creation and distribution of the Content in any medium.

By posting User Content to the Service, you, on behalf of your Subscribing Entity, grant HVR  a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, communicate to the public, translate, modify, create derivative works from, distribute, and otherwise use such User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with HVR  for Artists and HVR 's music streaming service, the promotion and marketing of HVR  for Artists and HVR 's music streaming service and the promotion and marketing of HVR  for Artists and HVR 's music streaming service. To the extent you and your Subscribing Entity provide User Content that contains names, likenesses or photographs, or brand features, you and your Subscribing Entity further grant us the non-exclusive, fully paid, worldwide right to use such names, likenesses, and photographs and brand features on HVR  for Artists and HVR's music streaming service and in our marketing communications to advertise, market and promote the availability of you and your Subscribing Entity's User Content on HVR  for Artists and HVR 's music streaming service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback (as defined below), and your right to object to derogatory treatment of such User Content. If you do not want HVR to use your User Content for these purposes, you should not post User Content to HVR for Artists.

Marketing and Promotion.  

You hereby authorize HVR Stream and its affiliates to use the Content in connection with HVR Stream’s marketing efforts. This license is free of charge, can be sublicensed and/or transferred by HVR Stream, cannot be revoked by You, and includes (without limitation) the right to reproduce, create derivative works of, and otherwise the Content, in whole or in part, in the HVR Stream’s official account including incorporating Your Content with Content from other Artist and Creators to make a compilation or in combination with any other material in the HVR Stream’s websites and social media sites. In the event HVR Stream and its affiliates decide to use the Content as provided for in this Section, HVR Stream agrees to give proper credit, mention and or “tag” You.  Failure to provide proper credit shall not constitute a breach of this Agreement. You represent and warrant that You has full power and authority to authorize this release and to grant all necessary rights relating to the Content for the purposes provided for in this Section.

HVR Stream reserves the right to review, monitor, and moderate all Content submitted to the Service, and may remove or reject any Content that violates this Agreement or is deemed inappropriate, offensive, or harmful to the Service or its users, at its sole discretion.

User Content and Intellectual Property Rights

You and your Subscribing Entity are solely responsible for all User Content that you post.

You and your Subscribing Entity promise that, with respect to any User Content you post on HVR for Artists: (1) you own or have the right to license and post such User Content under the terms and conditions provided in the Terms; (2) such User Content, or its use by HVR for Artists pursuant to the licenses granted to us below, does not (i) contain any explicit or offensive material, violate these Terms, including the HVR for Artists, User Guidelines, applicable law, the regulations and rules of any guilds, unions or collectives, or violate or infringe the rights of any third party, including any intellectual property (including without limitation, copyright), publicity, privacy, personality, contract or other rights of others, or (ii) imply any affiliation with or endorsement of you or your User Content by HVR Stream or any artist, band, label, or other individual or entity without the prior express written consent from HVR Stream or such individual or entity; (3) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the User Content you post to HVR for Artists and required by HVR Stream to exercise the license granted in these Terms; (4) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced in clause (3) of this paragraph, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals; (5) no royalties, fees or other monies (however characterized) are or shall be payable by or on behalf of HVR Stream to or on behalf of any person or entity in connection with or arising out of the User Content you post to HVR for Artists or the exercise by HVR Stream of the license granted in these Terms; (6) all User Content you post to HVR for Artists is and shall be correct, accurate, and does not contain content that violates our User Guidelines; and (7) you have and shall comply with all applicable laws, regulations, guidelines, and industry standards, and any updates thereto, when posting User Content to HVR for Artists. 

HVR 's Proprietary Rights

HVR for Artists and the HVR for Artists Content are the property of HVR or HVR 's licensors. All HVR trademarks, service marks, trade names, logos, domain names, and any other features of the HVR brand ("HVR Brand Features") are the sole property of HVR or its licensors. These Terms do not grant you or your Subscribing Entity any rights to use any HVR Brand Features whether for commercial or non-commercial use.

Takedown Notices

HVR is under no obligation to include or distribute User Content.  HVR reserves the right to remove or disable access to any User Content from the platform in its sole discretion, for any or no reason, including without limitation if the User Content violates HVR’s Guidelines and HVR may take these actions without prior written notification to you or any third party and without any liability to you for such removal. 

User Guidelines

HVR has established guidelines for using HVR for Artists and other HVR services, to make sure our services stay enjoyable for everyone ("HVR User Guidelines"). In using HVR for Artists, you and your Subscribing Entity must comply with the HVR User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Indemnification: You agree to indemnify, defend, and hold harmless HVR Stream and its affiliates, officers, directors, employees, agents, and partners from and against any claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorney's fees, arising out of or related to your submission of Content to the Service, your violation of this Agreement, or your infringement of any third-party rights.

Termination: HVR Stream reserves the right to terminate or suspend your access to the Service, or remove any Content, at any time and for any reason, without prior notice or liability.

Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Notwithstanding the “Governing Law” provision in this Section, You and your Subscribing Entity and HVR Stream agree that any dispute, claim or controversy between you and your subscribing entity and HVR Stream arising in connection with or relating with these Terms.

In the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in New York, New York, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this Agreement to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration. 

Entire Agreement: This Agreement constitutes the entire understanding between you and HVR Stream regarding your submission of Content to the Service and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.

Amendments:  HVR Stream reserves the right to modify, amend, or update this Agreement at any time and without prior notice. Any changes to this Agreement will be effective immediately upon posting on the Service. Your continued submission of Content to the Service after any such changes constitutes your acceptance of the updated Agreement.

By submitting Content to the Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to this Agreement, you must not submit any Content to the Service.

If you have any questions or concerns about these Terms & Conditions, please contact the HVR Stream at legal@hvrstream.com.

Infringement and Takedown Notices:  If you believe that any HVR User Content infringes on your copyrights please visit Copyright Policy and Procedures

Last Updated: 5-26-23