{"id":564,"date":"2020-07-29T15:24:23","date_gmt":"2020-07-29T22:24:23","guid":{"rendered":"https:\/\/getserenaded.com.dev\/?page_id=564"},"modified":"2021-03-02T02:22:02","modified_gmt":"2021-03-02T10:22:02","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/hinote.it\/terms-of-use\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"<p><strong>Effective Date: December 9th 2020<\/strong><\/p>\n<p>These HiNote Terms of Service (\u201cTerms of Service\u201d) apply when you access, use or visit the music-focused, personalized video message marketplace that is offered by Serenade Music, Inc. d\/b\/a \u201cHiNote\u201d (referred to in these Terms of Service as \u201cthe Company,\u201d \u201cwe\u201d, \u201cus\u201d, and \u201cour\u201d) and that is made available via our website located at<a href=\"https:\/\/hinote.it\"> hinote.it<\/a> (the \u201cSite\u201d), and our mobile application (the \u201cApp\u201d). The Site, the App, and the services, content and other materials made available on the Site and the App constitute the \u201cService\u201d. We prepared these Terms of Service to help explain the terms that apply to your use of the Service.<\/p>\n<p>Please read these terms of service Carefully. BY Clicking \u201cAccept \u201c and\/Or ACCESSING OR OTHERWISE USING THE Service, YOU AGREE TO THESE TERMS of Service. If at any time you do not accept the terms and conditions set forth in these Terms of Service, you must immediately stop using the Service.<\/p>\n<p><span style=\"text-decoration: underline;\">Notice regarding arbitration and dispute resolution:<\/span> you and the Company AGREE THAT Any future DISPUTES BETWEEN YOU AND the Company WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, unless you opt-out in accordance with Section 11.6. Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 11.6 BELOW.<\/p>\n<h3>How the Service Works.<\/h3>\n<p><strong>Video Messages.<\/strong> The Service offers you an opportunity to send and receive music-focused, personalized video messages (\u201cVideo Messages\u201d) from performing artists (each, an \u201cArtist\u201d). You will be able to purchase access to these Video Messages, with each Video Message to include the performance of a short excerpt of a song (each, a \u201cSong\u201d), as well as a personalized message to you or your designated recipient(s). Each Artist will provide a list of Songs that you can use as part of a requested Video Message, and you will be able to choose which of those Songs you want to include in the Video Message. You will not be able to choose Songs that are not specifically offered by an Artist.<\/p>\n<p><strong>Requesting Video Messages.<\/strong> You can request that an Artist creates a Video Message for you by following the request process on the Service. Your request may include your preferred Song and any customizations that are permitted as part of the request process. You acknowledge and agree that the Artist has sole discretion to determine how to fulfill your request, and the content of the Video Message that it creates may differ from your exact request. We reserve the right to reject any Video Message request in our sole discretion. The applicable Artist will also have up to seven (7) days to fulfill or decline your Video Message request (the \u201cArtist Response Period\u201d).<\/p>\n<p><strong>Video Message Fees; Payment.<\/strong> The fee that you will be charged in connection with the requested Video Message will be provided as part of the Video Message request submission process. You will be charged the applicable fee at the time you submit your Video Message request, however, if for any reason an Artist declines your request within the applicable Artist Response Period, the fee will be refunded to you. Once your request is fulfilled by the applicable Artist you will not be entitled to a refund. Your payment will be processed through a third party payment provider (each, a \u201cPayment Provider\u201d). You must provide the Payment Provider with valid payment information as requested at the time you submit your payment. You acknowledge and agree that the Company does not operate, own, or control the Payment Provider. Your submission of an applicable payment is governed by your agreement with, and the privacy policy of, the applicable Payment Provider. We reserve the right to cancel your Video Message request if your payment method is declined.<\/p>\n<p><strong>Your Rights in Video Messages.<\/strong> By requesting and paying the applicable fee for a Video Message, upon delivery of the Video Message to you or the designated recipient, you, and each designated recipient of the applicable Video Message, are granted a royalty-free, fully paid, worldwide, sublicensable, license to reproduce, distribute, publicly perform, publicly display, exhibit, transmit, communicate to the public, make available and otherwise use the Video Message for your own personal, non-commercial purposes and to share the Video Message through your and the designated recipient\u2019s social media accounts, as permitted through the Service. You acknowledge and agree the foregoing limited license constitutes the only rights you will have with respect to each Video Message, and that each Video Message is licensed, and not sold, to you. The applicable Artist, or licensors of the Songs, as applicable, will retain ownership of all right, title, and interest in and the Video Messages. We also reserve the right to terminate all or part of the foregoing licenses at any time for any reason and to remove a Video Message from the Service at any time for any reason without any notice to you.<\/p>\n<p><strong>Updates to these Terms of Service.<\/strong> We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service reasonably in advance of the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new Terms of Service take effect, you will be bound by the modified Terms of Service.<\/p>\n<p><strong>Privacy Policy.<\/strong> In connection with your use of the Service, please review our Privacy Policy, located at hinote.it, to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.<\/p>\n<p><strong>Affirmative Representations Regarding Your Use of the Service.<\/strong> When you use the Service, you represent that: (A) the information you submit to the Service is truthful and accurate; (B) your use of the Service does not violate any applicable laws or regulations; (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service; and (D) you (and any Service account that you created or control) have not been previously banned or removed from the Service for any reason.<\/p>\n<h3>User Registration; Access.<\/h3>\n<p><strong>User Registration.<\/strong> You will not be able to purchase Video Messages through the Service or access certain other portions of the Service unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process on the Service. If you sign up to become a registered user of the Service, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Service\u2019s registration process (the \u201cRegistration Data\u201d); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.<\/p>\n<p><strong>User Accounts.<\/strong> You will be required to create a user I.D. and password that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not: (A) select or use as a user I.D. a name of another person with the intent to impersonate that person; (B) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (C) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password.<\/p>\n<p><strong>App Access.<\/strong> You acknowledge and agree that the availability of the App may be dependent on third party websites or mobile applications from which you download the App ( e.g., the Apple App Store or Google Play Store) (each a \u201cThird Party App Store\u201d). You acknowledge that these Terms of Service are between you and the Company and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply. In addition, your access to the App may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications and\/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. We are not responsible and will have no liability for any failures of the internet or any data or telecommunications equipment, system or network used in connection with the App.<\/p>\n<h3>Prohibited Activities.<\/h3>\n<p><strong>Prohibited Activities.<\/strong> You agree that, in connection with your use of the Service, you will not:<\/p>\n<ul>\n<li>use the Service for any unauthorized purpose including collecting usernames and\/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;<\/li>\n<li>transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;<\/li>\n<li>transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;<\/li>\n<li>impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;<\/li>\n<li>post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation,<\/li>\n<li>posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;<\/li>\n<li>post on the Service any franchise, pyramid scheme, \u201cclub membership,\u201d distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;<\/li>\n<li>violate our or any other person\u2019s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;<\/li>\n<li>engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of our Service, or use any means to scrape or crawl any part of the Service;<\/li>\n<li>participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;<\/li>\n<li>access or use the Service for purposes of obtaining information to build a similar or competitive website, application or service;<\/li>\n<li>decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or<\/li>\n<li>circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Company Content (as defined in Section 7) or enforce limitations on use of the Service or the Company Content on the Service.<\/li>\n<\/ul>\n<p><strong>Our Intellectual Property Rights.<\/strong> Except with respect to the Video Messages, which are owned by the Artists and\/or licensors of the Songs, if applicable, we own (and you acknowledge that we own) all right, title, and interest in and to: (A) the Service and all related intellectual property, including the \u201clook and feel\u201d of the Service and all software, ideas, processes, data, text, media, and other content available on the Service (individually and collectively, \u201cCompany Content\u201d); and (B) our trademarks, logos, and brand elements (\u201cMarks\u201d). The Service, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We grant you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. The Service and the Company Content are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service, the Company Content and the Marks.<\/p>\n<h3>Our Management of the Service; User Misconduct<\/h3>\n<p><strong>Our Right to Manage the Service.<\/strong> We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and\/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Video Messages or any portion thereof; (D) manage the Service in a manner designed to protect our, our users\u2019, and third parties\u2019 rights and property or to facilitate the proper functioning of the Service; and\/or (E) terminate or block you your use of the Service for violating these Terms of Service.<\/p>\n<p><strong>Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF Video Messages or the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.<\/strong><\/p>\n<p><strong>Third Party Sites.<\/strong> The Service may contain links to websites operated by third parties, such as third party social media services (\u201cThird Party Sites\u201d); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. <strong>THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on or through the service, you SHOULD REVIEW THE THIRD PARTY SITE\u2019S TERMS AND CONDITIONS and PRIVACY Policy, AND INFORM yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.<\/strong><\/p>\n<h3>Digital Millennium Copyright Act Policy.<\/h3>\n<p><strong>DMCA Notifications.<\/strong><br \/>\n(A) If you believe that material available on or through the Service infringes one or more of your copyrights, please send a notification (a \u201cDMCA Notification\u201d) including all of the information described below to our DMCA Agent by mail or email using the contact information provided below.<br \/>\n(B) We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers.<br \/>\n(C) In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 10.3 below (a \u201cDMCA Counter Notification\u201d) that could result in our restoring content removed in response to a DMCA Notification.<br \/>\n(D) You may send a DMCA Notification to our DMCA Agent at:<br \/>\nSerenade Music, Inc.<br \/>\nAttn: Tyler Childs<br \/>\n1461 Tamarind Avenue<br \/>\nLos Angeles, CA 90028<br \/>\nEmail: <a href=\"mailto:support@hinote.it\">support@hinote.it<\/a><\/p>\n<p><strong>DMCA Notification Requirements.<\/strong> All DMCA Notifications must include the following:<\/p>\n<ul>\n<li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<\/li>\n<li>Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of the works at that site.<\/li>\n<li>Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage for where the material is posted).<\/li>\n<li>Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.<\/li>\n<li>A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.<\/li>\n<li>A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<\/li>\n<\/ul>\n<p>A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the DMCA Notification.<\/p>\n<p>Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys\u2019 fees if you make material misrepresentations in a DMCA Notification.<\/p>\n<p><strong>DMCA Counter Notifications from Users.<\/strong> If you, the user, receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:<\/p>\n<ul>\n<li>Your physical or electronic signature;<\/li>\n<li>Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted);<\/li>\n<li>A statement from you under the penalty of perjury, that you 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; and<\/li>\n<li>Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in Los Angeles, California and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.<\/li>\n<\/ul>\n<p>If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.<\/p>\n<p>Please note that sending a DMCA Counter Notification may not result in your content being restored to the Service if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.]<\/p>\n<h3>Legal Disputes and Arbitration Agreement<\/h3>\n<p><span style=\"text-decoration: underline;\"><strong>Please Read This Following Clause Carefully \u2013 It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court<\/strong><\/span><\/p>\n<p><strong>Initial Dispute Resolution.<\/strong> We are available by email at <a href=\"mailto:support@hinote.it\">support@hinote.it<\/a> to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.<\/p>\n<p><strong>Agreement to Binding Arbitration.<\/strong> If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 11.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties\u2019 relationship with each other and\/or your use of the Service shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator\u2019s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.<\/p>\n<p><strong>The JAMS rules governing the arbitration may be accessed at <a href=\"https:\/\/www.jamsadr.com\/adr-rules-procedures\" target=\"_blank\" rel=\"noopener\">https:\/\/www.jamsadr.com\/adr-rules-procedures<\/a>. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.<\/strong><\/p>\n<p><strong>The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.<\/strong><\/p>\n<p><strong>Class Action and Class Arbitration Waiver.<\/strong> You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.<\/p>\n<p><strong>Exception &#8211; Small Claims Court Claims.<\/strong> Notwithstanding the parties\u2019 agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court\u2019s jurisdiction.<\/p>\n<p><strong>Exception \u2013 California Private Attorneys General Act (PAGA) Action.<\/strong> Notwithstanding the parties\u2019 agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California\u2019s Private Attorneys General Act.<\/p>\n<p><strong>30 Day Right to Opt-Out.<\/strong> You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11.2 and 11.3 by sending written notice of your decision to opt-out by emailing us at <a href=\"mailto:support@hinote.it\">support@hinote.it<\/a>. The notice must be sent within thirty (30) days of your initial use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.<\/p>\n<p><strong>Choice of Law; Exclusive Venue for Litigation.<\/strong> These Terms of Service will be governed by and construed in accordance with the laws of the State of California. To the extent that the arbitration provisions set forth in Section 11.2 do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 11, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.<\/p>\n<h3>Warranty Disclaimer; Limitation on Liability<\/h3>\n<p><strong>Disclaimer of Warranties<\/strong><br \/>\n<strong>(A) to the extent permitted by applicable law, The SErvice, the company content and ANY OTHER content, MATERIAL OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED \u201cAS IS\u201d AND \u201cAS AVAILABLE,\u201d WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE Any Content, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE company content OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of SErvice. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.<\/strong><\/p>\n<p><strong>(B) to the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the Service, the Company Content, OR ANY OTHER content, MATERIAL OR ITEMS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (for clarity, on or off the service) (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND\/OR ANY AND ALL PERSONAL INFORMATION STORED on our service, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND\/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL or itemS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, material or items (including without limitation Company Content) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE through the Service.<\/strong><\/p>\n<p><strong>Limited Liability. to the extent permitted by applicable law, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, Company Content OR ANY OTHER CONTENT, material or items on the SErvice. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of SErvice, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.<\/strong><\/p>\n<p><strong>Indemnity.<\/strong> You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your violation of these Terms of Service, or our Privacy Policy, and\/or the terms and conditions that are applicable to your use of Third Party Sites. <strong>You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company\u2019s own negligent conduct.<\/strong><\/p>\n<p><strong>Notice to New Jersey Users.<\/strong> Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Sections 11, 12 or 13 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of these Terms of Use shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys\u2019 fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.<\/p>\n<p><strong>Notice to California Users.<\/strong> Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to <a href=\"mailto:support@hinote.it\">support@hinote.it<\/a>. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.<\/p>\n<p><strong>Independent Contractors.<\/strong> Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.<\/p>\n<p><strong>Non-Waiver.<\/strong> Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.<\/p>\n<p><strong>Severability.<\/strong> These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.<\/p>\n<p><strong>Assignment.<\/strong> We may assign our rights under these Terms of Service without your approval and with or without notice to you.<\/p>\n<p><strong>No Modifications by Our Employees.<\/strong> If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.<\/p>\n<p><strong>Contact Information.<\/strong> If you have any questions about these Terms of Service or the Service, please contact us at <a href=\"mailto:support@hinote.it\">support@hinote.it<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Effective Date: December 9th 2020 These HiNote Terms of Service (\u201cTerms of Service\u201d) apply when you access, use or visit the music-focused, personalized video message marketplace that is offered by Serenade Music, Inc. d\/b\/a \u201cHiNote\u201d (referred to in these Terms of Service as \u201cthe Company,\u201d \u201cwe\u201d, \u201cus\u201d, and \u201cour\u201d) and that is made available via [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_relevanssi_hide_post":"","_relevanssi_pin_for_all":"","_relevanssi_pin_keywords":"","_relevanssi_unpin_keywords":"","_relevanssi_related_keywords":"","_relevanssi_related_include_ids":"","_relevanssi_related_exclude_ids":"","_relevanssi_related_no_append":"","_relevanssi_related_not_related":"","_relevanssi_related_posts":"","_relevanssi_noindex_reason":"","footnotes":""},"acf":[],"_links":{"self":[{"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/pages\/564"}],"collection":[{"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/comments?post=564"}],"version-history":[{"count":0,"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/pages\/564\/revisions"}],"wp:attachment":[{"href":"https:\/\/hinote.it\/wp-json\/wp\/v2\/media?parent=564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}