Terms of Use

The use of the HITLAB Web site located at www.hitlab.com and the applications, functionality, products, services, information and other materials available on and through this Web site (collectively, the "Site"), by a user (“you”) whether you participate in the community or are just visiting the Site, is subject to the terms and conditions set forth herein, as well as any other agreements, notices, policies, disclaimers, or restrictions posted on the Site (collectively, the "Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE READ THEM. [NOTE: THE VALIDITY OF SHRINKWRAP OR WEBWRAP AGREEMENTS HAS NOT BEEN FORMALLY RECOGNIZED IN ALL JURISDICTIONS]. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, DO NOT USE THIS SITE. HITLAB MAY AT ITS SOLE DISCRETION MODIFY THESE TERMS OF USE AT ANY TIME AND SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON BEING POSTED ON THIS SITE. YOU ARE RESPONSIBLE FOR REVIEWING THIS PAGE PERIODICALLY. YOUR CONTINUED USE OF THIS SITE FOLLOWING SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE MODIFIED TERMS OF USE. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP USING THIS SITE.

SCOPE

The Site is operated by HITLAB INC., doing business under the name Hitlab (“HITLAB”).

SERVICES

The use of the Site is intended solely for users who are thirteen (13) years of age or older. Users may register as Artists or Listeners. If you register as an Artist or Listener, you agree to (a) provide accurate, current and complete information about you as requested ("Registration Data") and promptly update the Registration Data to ensure it remains accurate, current and complete; (b) maintain the security of your password and identification and be fully responsible for all use of your password and identification. [Note: when registering, Users or Artists should be required to expressly accept these Terms of Use.]

As a Listener or an Artist, you may post content on the Site, including text, photos and other elements including your personal information (“User Content”). As an Artist, you may also upload your songs, music, images and videos (“Artist Content”). Any posting or uploading of User Content or Artist Content is subject to these Terms of Use. You may not register as an Artist or Listener on behalf of another person without this person’s express authorization.

When you post User Content or Artist Content to the Site, you authorize HITLAB to make such copies thereof as HITLAB deems necessary in order to post the User Content or Artist Content on the Site, to store it and to make it available to others on the Site.

Any purchase of products or services from HITLAB (including the participation in any contest or competition or the download of Artist Content) is subject to the specific Terms of Sale or contest rules applicable to this purchase or participation.

INTELLECTUAL PROPERTY

HITLAB does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the HITLAB Services. After posting your Content on, through or in connection with the HITLAB Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the HITLAB Services, you hereby grant to HITLAB a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the HITLAB Services, including, without limitation, through the HITLAB Services to applications, widgets, websites or mobile, desktop or other services which are linked with your HITLAB account (collectively, “Linked Services”), including, without limitation, distributing part or all of the HITLAB Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by HITLAB outside the HITLAB Services. This limited license does not grant HITLAB the right to sell or otherwise distribute your Content outside of the HITLAB Services or Linked Services. After you remove your Content from the HITLAB Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the HITLAB Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the HITLAB Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the HITLAB Services, HITLAB is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

The license you grant to HITLAB is non-exclusive (meaning you are free to license your Content to anyone else in addition to HITLAB), fully-paid and royalty-free (meaning that HITLAB is not required to pay you or anyone else deriving rights from you for the use on the HITLAB Services of the Content that you post), sub licensable (so that HITLAB is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the HITLAB Services), and worldwide (because the Internet and the HITLAB Services are global in reach).

You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the HITLAB Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the HITLAB Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the HITLAB Services and/or Linked Services.

The HITLAB Services contain Content of HITLAB. HITLAB Content is protected by copyright, trademark, patent, trade secret and other laws, and HITLAB owns and retains all rights in the HITLAB Content and the HITLAB Services. HITLAB hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HITLAB Content (excluding any software code) solely for your personal use in connection with viewing the HITLAB Website and using the HITLAB Services.

The HITLAB Services contain Content of Users and other HITLAB licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the HITLAB Services.

HITLAB performs technical functions necessary to offer the HITLAB Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the HITLAB Services. In addition, you agree and acknowledge that HITLAB may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the HITLAB Services.

HITLAB welcomes feedback, suggestions or comments on how to improve the Site. See our contact page on how to reach us.

TRADEMARKS

"HITLAB" and all HITLAB logos, as well as other related trademarks and other marks which may appear on the Site ("Marks"), are the service marks and trademarks of HITLAB and/or its affiliates. All other trademarks, trade names, service marks and logos used on this Site, with or without attribution, are the trademarks, trade names, service marks or logos of their respective owners.

THIRD PARTY CONTENT

HITLAB is a distributor and not a publisher of information supplied to the Site by users or third parties. Any data (including User Content and Artist Content) is the responsibility of the respective author, Listener or Artist and not of HITLAB. HITLAB ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO ANY CONTENT PROVIDED BY ANY USER OR OTHER THIRD PARTY.

LINKS

The Site may contain hyperlinks to other Web sites that are not operated by HITLAB. HITLAB does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between HITLAB and their operators. Such hyperlinks, where provided by HITLAB, are for your reference only. Listeners and Artists may also post links on their personal pages on the Site. If you post such links, you represent and warrant to HITLAB that such links are in compliance with applicable laws and do not violate the rights of any third parties and you agree to indemnify HITLAB and its affiliates for any damages related to a breach of this representation.

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

  1. You represent, warrant and covenant to HITLAB that:
    • You are 13 years old or older;
    • You will comply at all times with all applicable federal, provincial and local laws, rules and regulations and these Terms of Use in your use of the Site;
    • You will not use the Site for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or in any unlawful manner or in any other manner that could disable, impair, overburden or damage the Site or which violates the Terms of Use;
    • Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. "viruses") that are designed to modify, damage, delete or disable the Site or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Site, or (iii) any embedded code that could trigger, shut down or disable the Site;
    • You hold all intellectual property rights in any song, image, video or other User Content that you post or upload on the Site.
    • You will not post a picture of someone else on the Site without their express authorization;
    • All information you post about yourself is true and accurate;
    • You have or have obtained all necessary assignments, licenses, releases and consents to grant the rights set forth herein and to comply with all the provisions of the Terms of Use;
    • You have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Site and perform your obligations hereunder;
    • You will comply with the security measures set forth below under the heading "SECURITY";
    • You will not solicit any personal information about members of the community such as address, phone number, or any other information; and
    • By posting any content or creating a profile on HITLAB, you warrant and covenant that: (i) your information is true and accurate and you are the sole person responsible for content on your profile; and (ii) you are at least 18 years of age.

NO WARRANTIES

You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks.

THE SITE, MATERIALS, DATA AND OTHER INFORMATION OR FUNCTIONALITY CONTAINED WITHIN OR MADE AVAILABLE THROUGH THE SITE IS PROVIDED BY HITLAB ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, LEGAL OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED OR LEGAL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR PERFORMANCE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED BY HITLAB.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HITLAB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS THAT (I) THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE (II) THE SITE MEETS YOUR REQUIREMENTS, (III) DEFECTS IN OR ON THE SITE OR MATERIALS WILL BE CORRECTED, (IV) THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE SITE, MATERIALS, DATA OR OTHER INFORMATION OR FUNCTIONALITY PROVIDED THROUGH THE SITE ARE CORRECT, ACCURATE, RELIABLE, COMPLETE OR COMPLY WITH ANY APPLICABLE LEGAL REQUIREMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, MATERIALS AND DATA. WITHOUT LIMITING ANY OTHER PROVISION OF THESE, UNDER NO CIRCUMSTANCES WILL HITLAB BE LIABLE IN ANY WAY FOR ANY MATERIALS OR DATA, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR USER DATA, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS, INFORMATION OR RESULTS POSTED, E-MAILED OR OTHERWISE RECEIVED OR TRANSMITTED VIA THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL HITLAB, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH (COLLECTIVELY, THE “HITLAB PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, MORAL, PUNITIVE OR OTHER DAMAGES, LOST PROFITS, LOST OPPORTUNITIES OR OTHER DAMAGES WHATSOEVER, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OF USE, THE SITE, MATERIALS, USER DATA OR THE USE OF, INABILITY TO USE OR RELIANCE ON ANY OF THE FOREGOING, WHETHER RESULTING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL OR EXTRA-CONTRACTUAL LIABILITY, GROSS NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, THIRD PARTY CLAIMS OR ANY OTHER THEORY OF LIABILITY, EVEN IF HITLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify, defend and hold HITLAB and its subsidiaries, affiliates, and the respective officers, directors, agents, mandataries, partners, sponsors, employees and independent contractors of each harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content, data, materials or information you submit, post to or transmit to or through the Site, your use of the Site or reliance upon any Materials provided through the Site, your connection to the Site, your violation of the Terms of Use, your breach of any representation or warranty hereunder, your use or disclosure of any content, data, materials or information received through the Site, any content or material uploaded or posted by you on the Site, your negligence, omissions or misconduct or your violation of any rights of another party through the Site. This provision will survive the expiration or termination of the Terms of Use.

PRIVACY

We care about the privacy of our users. Click here to view the Site’s Privacy Policy. By agreeing to these Terms of Use, ou acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.

SECURITY

USE OF THE SITE IS RESTRICTED TO HITLAB AND ITS AUTHORIZED USERS. UNAUTHORIZED USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ENTRY INTO THE SITE, MISUSE OF PASSWORDS, OR MISUSE OF ANY INFORMATION WITHIN THE SITE IS STRICTLY PROHIBITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS A VIOLATION OF THE TERMS OF USE TO LOG ONTO THE SITE WITH A LOGIN ID AND PASSWORD THAT IS NOT YOUR OWN. YOU AGREE TO KEEP YOUR LOGIN ID CONFIDENTIAL AND TO IMMEDIATELY NOTIFY HITLAB IF YOU LEARN THAT THE SECURITY OF YOUR LOGIN ID AND/OR PASSWORD HAVE BEEN COMPROMISED AND/OR IF YOU SUSPECT THAT ANYONE OTHER THAN YOURSELF HAS ACCESSED THE SITE WITH YOUR LOGIN ID AND PASSWORD.

MODIFICATION, SUSPENSION OR TERMINATION OF THE SITE

HITLAB may suspend, modify, delete or discontinue the Site or Materials or any part of either, including the applications, functionality, information, materials, products, services or content available through the Site or in the manner in which any of the foregoing are provided, at any time and without notice or liability to you. HITLAB may suspend your access to the site at any time and without notice or liability to you and for any reason. Not all Materials are available in all geographic areas. HITLAB may, from time to time, introduce new applications, functionality or Materials to the Site or modify or delete existing applications, functionality, services or Materials. By using new applications, functionality, services or Materials you agree to be bound by the rules concerning them.

GOVERNING LAW AND JURISDICTION

The Terms of Use will be governed by, construed and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by you or any third party in connection with these Terms of Use or any matters related to this Site, will be subject only to the jurisdiction of the provincial or federal courts located in the District of Montreal, Province of Quebec, Canada, and you hereby expressly waive any right to challenge the jurisdiction or venue of such courts.