Hype Machine follows music blog discussions
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The purpose of the Site, owned and operated by The Hype Machine Inc. ("Hype Machine"), a Delaware corporation, is to compile new music tracks from the blogosphere. Hype Machine tracks MP3 blogs and add links to tracks featured by those blogs so that users can discover new artists and music, preview tracks, and link to merchant sites to buy music they like (the "Services"). The Site is accessed by you ("User" or "you") under the following terms and conditions:
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5. SITE CONTENT. Subscriber may preview audio Content and other items displayed on the Site for personal use only. Subscriber shall not download or store audio Content from the Site. Subscriber may purchase audio Content available on the Site by using the merchant links that appear next to most tracks. Copying, downloading or storing of any Content is expressly prohibited without prior written permission from the Hype Machine, or from the copyright holder identified in such Content's copyright notice.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of (except as provided in this Section of the Subscriber Agreement), reproduce, create derivative works based on, distribute, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
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7. THIRD PARTY WEBSITES. Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Hype Machine or the Site. Unless explicitly otherwise provided, neither Hype Machine nor the Site makes any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. The Hype Machine and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export Content or other information onto them. You hereby irrevocably waive any claim against the Site or Hype Machine with respect to such sites and third party content.
8. REGISTRATION AND SECURITY. As a condition to using certain Services, you may be required to register with Hype Machine and select a password and username. You shall provide Hype Machine with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as your username the name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization. The Hype Machine reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your Hype Machine password.
You hereby irrevocably authorize Hype Machine to disclose your personally identifiable information at the request of any state or federal agency or in response to any judicial process (including, without limitation, a subpoena).
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10. FEES AND PAYMENT. Some of the Services may require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services you select. The Hype Machine reserves the right to change its pricing and to institute new charges at any time, upon ten (10) days prior notice, which may be sent by e-mail or posted on the Site. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. The Hype Machine may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Copyright 2009 The Hype Machine Inc. All rights reserved.
The Hype Machine has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Hype Machine's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Hype Machine Site or Service infringes a copyright, please send a notice of copyright infringement by facsimile, regular mail, or e-mail to the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent"):
The Hype Machine Inc.
Attn: Copyright Agent
2165 Brigham Street, # 3F
Brooklyn, NY 11229
The message must containing the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of the Content that is claimed to be infringing including specific URLs of the Content that the copyright owner seeks to have removed ;
• Contact information about the notifier including address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Hype Machine's policy to remove or disable access to the infringing Content and to notify the Content provider or user that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Service and that Hype Machine will terminate such content provider's or user's access to the Site and the Service.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with Hype Machine, the user must provide the following items to us in writing:
• The specific URLs of material that Hype Machine has removed or to which Hype Machine has disabled access.
• User's name, address, telephone number, and email address.
• A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• User's signature.
Send the written communication to the following address:
The Hype Machine Inc.
2165 Brigham Street # 3F
Brooklyn, NY 11229
Attn: DMCA Counter-Notification
After we receive the user's counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes the user's personal information. By submitting a counter-notification, the user consents to having his or her information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Hype Machine. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.