"This statement discloses the specific legal obligations in connection with use of Hypersonix Music's web site, Hypersonixmusic.com (the "Site"). 
By accessing or using the Site, you agree to abide by all applicable laws and be bound by our Legal Notices, Conditions of Use, and Privacy Policy (collectively, "Terms")."

User Submissions

Hypersonix Music may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Hypersonix Music does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Hypersonix Music to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Hypersonix Music, you hereby grant Hypersonix Music a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Hypersonix Music's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under the Terms. The foregoing license granted by you terminates once you remove or delete a User Submission from the Site.

In connection with User Submissions, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hypersonix Music all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Hypersonix Music or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business: (e) impersonate another person. Hypersonix Music does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Hypersonix Music expressly disclaims any and all liability in connection with User Submissions. Hypersonix Music does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Hypersonix Music will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Hypersonix Music reserves the right to remove Content and User Submissions without prior notice. Hypersonix Music will also terminate a User's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. Hypersonix Music also reserves the right to decide whether Content or a User Submission is appropriate and complies with the Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Hypersonix Music may remove such User Submissions and/or terminate a User's access for uploading such material in violation of the Terms at any time, without prior notice and at its sole discretion.

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Use of Mixed Media

The artwork, text, video, audio, software, information or pictures (collectively, "Mixed Media") contained on the Site are protected by copyright laws.  You may only access and use the Mixed Media for your personal enjoyment, entertainment and education.  You may not modify or use the Mixed Media for any other purpose without the express written consent of Hypersonix Music and the related copyright owners of the Mixed Media, if applicable.  Except as provided below, you may not reproduce, republish, post, transmit or distribute any Mixed Media on the Site.  You may print Mixed Media on the Site for personal or educational purposes only, and you must include any copyright notice originally included with the Mixed Media with all copies.  The Mixed Media included on the Site have been compiled by Hypersonix Music from a variety of sources and are subject to change without notice.  All media files on the Site are protected by copyright laws.  You may not, under any circumstances, reproduce, record, publish, exhibit or distribute any media files (including, but not limited to, .re, .smil, .mpg or .mov files) made available for playback on the Site without the express written consent of Hypersonix Music.  You may not link directly to any .ram or .rm or video file located the Site server, and you should not attempt to wrap our Mixed Media within content pulled from your web-site (including, but not limited to, frames and dynamic pages) without the express written consent of Hypersonix Music.  Requests seeking permission, syndication or licensing of content should contact us.

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Copyrights and Trademarks

The entire content of the Site, including, but not limited to, text, design, graphics, interface and code, and the selection and arrangement thereof, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hypersonix Music.  The collective work includes works that are licensed to Hypersonix Music, Copyright 2003, All Rights Reserved.  All trademarks, service marks and trade names (collectively, "Marks") are trademarks or registered trademarks of and are proprietary to Hypersonix Music or other respective owners that have granted Hypersonix Music the right and license to use such Marks.

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Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Codes, Section 512(c)(2), notification of claimed copyright infringement should be sent to Hypersonix Music's designated agent.  ALL INQUIRIES NOT RELEVANT OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Hypersonix Music respects the intellectual property of others and we ask our users and visitors to do the same.  Hypersonix Music will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium copyright Act ("DMCA") and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, Hypersonix Music will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hypersonix Music the following information.  Be advised that to be effective, the notification must include the following (17 U.S.C. § 512(c)(3)): 

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2. a description of the copyrighted worked that you claim has been infringed;

3. a description of where the material that you claim is infringed is located on the Site;

4. your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Hypersonix Music to contact you;

5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

6. a statement by you, made under penalty of perjury, that the above information in your claim is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Notice of claimed copyright infringement should be directed to:

Hypersonix Music
2110 Artesia Blvd.
P.O. Box 122
Redondo Beach, CA 90278-3069

Call: 1.888.4REMIXX


Linked Sites and Advertising

Other web-sites linked from the Site are not under the control of Hypersonix Music, and Hypersonix Music does not assume any responsibility or liability for any communications or Mixed Media available at such linked web-sites, nor does it take any responsibility for the goods and services provided by its advertisers. Hypersonix Music does not intend links on the Site to be referrals or endorsements of the linked entities, and are provided for convenience only.

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Indemnification

You agree to indemnify, defend and hold harmless Hypersonix Music, Hypersonix, LLC, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of the Terms or any activity related to your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

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Applicable Laws

This Agreement and your use of the Site shall be governed in all respects by the laws of the State of California, United States of America, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.  You agree that jurisdiction over and venue in any dispute, action or proceeding directly or indirectly arising out of or relating this Agreement or use or non-use of the Site (including, but not limited to, the purchase of Hypersonix music products) shall be in the state or federal court located in Los Angeles County,

California.  You further irrevocably waive your right you may have to a trial by jury in such a dispute, action or proceeding.  Any cause of action or claim you may have with respect to the Site (including, but not limited to, the purchase of Hypersonix Music products) must be commenced within one (1) year after the claim or cause of action arises.  Hypersonix Music's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practices shall act to modify any of these terms and conditions

Hypersonix Music makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.  Those who choose to access the Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws.  You may not use or export the materials in violation of United States export laws and regulations.  Any claim relating to the materials shall be governed by the internal substantive laws of the State of California. 




Please read our
Privacy Policy
and Conditions of Use


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