Terms of Service.

1. Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the website located at hitskope.com and any related pages, subdomains, content, and features operated by Hitskope Music Group Inc. (“Hitskope,” “we,” “us,” or “our”), other than the Hitskope artist dashboard at app.hitskope.com, which is governed by a separate agreement. By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Site.

2. Eligibility

The Site is intended for users who are at least eighteen (18) years of age and who are legally competent to form a binding contract. If you access the Site in a professional capacity (for example, as an artist, manager, publisher, attorney, or media representative), you represent that you are authorized to do so and that your acceptance of these Terms binds the person or entity you represent. The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

3. Description of the Site

The Site is a marketing and informational property. Through the Site, we provide (a) information about Hitskope’s distribution and label services, (b) artist roster and individual artist pages, (c) a blog, news, and editorial section, (d) a services overview, (e) an inquiry form for prospective artists and labels to request consideration (the “Apply for Distribution Form”), (f) an about/team page, (g) press and contact information, (h) an optional newsletter signup, and (i) embedded audio, video, and social content. The Site is not a distribution portal, does not host masters, does not process royalties, and does not substitute for any distribution, publishing, label-services, or other commercial agreement between Hitskope and an artist, which (if entered) is a separate signed instrument.

4. Modifications to the Site and Terms

We may modify the Site, its features, or these Terms at any time. Non-material modifications to the Terms take effect upon posting of the updated Terms with a new “Last Updated” date. Material modifications take effect no earlier than thirty (30) days after we post notice, display a banner on the Site, or email newsletter subscribers, whichever applies. Continued use of the Site after the effective date of an update constitutes acceptance.

5. User Accounts

The Site does not currently require an account. If and when account functionality is added, users will be responsible for maintaining the confidentiality of credentials and for all activity occurring under their accounts, and additional terms may apply.

6. User-Submitted Content; Representations and Warranties

By submitting information, audio files, links, images, videos, musical compositions, sound recordings, metadata, biographies, press materials, or any other content (“Submissions”) through the Apply for Distribution Form, any contact form, email, or other channel on the Site, you represent and warrant that:

(a) you are the sole owner of, or have obtained all rights, licenses, consents, clearances, and permissions necessary to submit, each Submission, including without limitation all copyrights in the musical compositions and sound recordings, all performance releases, all sample clearances, all featured-artist consents, all producer and songwriter clearances, all rights of publicity and digital-replica rights, and all moral rights to the extent applicable;

(b) your Submission does not and will not infringe or violate the intellectual property, privacy, publicity, contractual, or other rights of any third party;

(c) there is no exclusive distribution agreement, exclusive publishing agreement, exclusive license, or similar restriction in effect that conflicts with your submission, and you are not subject to any injunction or cease-and-desist affecting the Submission;

(d) to the extent you disclose the identity of your current or prior distributor, publisher, label, manager, or other industry counterparty, (i) such disclosure does not breach any confidentiality, non-disclosure, or non-disparagement obligation you owe to that counterparty, (ii) submission of that information does not and will not tortiously interfere with, induce breach of, or otherwise disrupt any existing agreement, and (iii) you remain solely responsible for the timing and manner of notifying any such counterparty of your interest in other services;

(e) the Submission does not contain any content generated, in whole or in material part, by generative artificial intelligence unless the Submission clearly and conspicuously discloses that fact and you have all rights to the AI-generated portions;

(f)the Submission does not contain, and is not an unauthorized digital replica of, any person’s voice, likeness, or performance;

(g) the Submission does not contain defamatory, harassing, obscene, or unlawful material;

(h) you are at least 18 years of age (or, if a minor is the performer, a parent or legal guardian has consented in writing); and

(i) all factual statements in the Submission, including biographical and performance claims, are accurate.

You acknowledge that Hitskope does not solicit unsolicited recordings, compositions, or other creative materials. Notwithstanding any invitation to submit through the Apply for Distribution Form, any Submission is provided on a non-confidential, non-proprietary basis. Hitskope has no obligation to review, accept, respond to, pay for, return, preserve, or enter into any agreement based on any Submission. Any commercial relationship between you and Hitskope requires a separate, signed written agreement; no Submission, whether acknowledged, reviewed, or retained, creates such an agreement.

Free-Form Fields; No Sensitive Information

The “about you” field and any other free-form text input on the Site are intended solely to convey non-sensitive professional information relevant to your inquiry. You are instructed not to submit, and you agree not to submit, through any free-form field (i) sensitive personal information (including Social Security numbers, driver’s license or passport numbers, financial account numbers, payment card data, precise geolocation, biometric identifiers, health or medical information, racial or ethnic origin, religious beliefs, sexual orientation, or immigration status), (ii) confidential information of any third party, (iii) information subject to any legal hold, protective order, or non-disclosure obligation, or (iv) information that is the subject of pending litigation. Hitskope disclaims any obligation to treat information submitted through free-form fields as sensitive, confidential, or privileged. If sensitive or confidential information is inadvertently submitted, Hitskope may delete it without notice.

7. License Grant for Submissions

You grant Hitskope a limited, non-exclusive, royalty-free, worldwide, sublicensable (to Hitskope’s affiliates, vendors, and counsel), revocable license to reproduce, display, review, store, and internally evaluate your Submission for the purpose of evaluating potential business opportunities and responding to your inquiry. This license does not authorize Hitskope to exploit, distribute, license, publish, or commercialize the Submission. Any broader rights require a separate signed agreement. Your Submission may be deleted at any time in Hitskope’s discretion; retention does not create any obligation. Hitskope’s use of any ideas, suggestions, or feedback included in a Submission is not subject to any obligation of compensation or attribution.

8. Prohibited Conduct

You agree not to, and not to permit, facilitate, or encourage any third party to:

(a) copy, scrape, spider, crawl, data-mine, or systematically retrieve any portion of the Site or its content, except as permitted by a valid robots.txt directive and for lawful search-engine indexing;

(b) use the Site or its content to train, fine-tune, or develop any machine-learning or generative artificial-intelligence model;

(c) reproduce, distribute, display, sublicense, or create derivative works from any Hitskope trademark, logo, artist name, artist image, audio, video, or editorial content without our prior written permission, except as permitted by fair use or a specific license;

(d) produce, distribute, or make available any unauthorized digital replica, deepfake, synthetic voice, or synthetic likeness of any Hitskope artist or any other person;

(e) impersonate any person or entity, misrepresent an affiliation, or submit false or misleading information;

(f) interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or any related systems, including through the use of viruses, malware, denial-of-service techniques, or credential stuffing;

(g) circumvent, disable, or tamper with any security feature of the Site;

(h) use the Site to transmit unsolicited commercial email, solicit personal information from other users, or engage in any unlawful, harassing, defamatory, or discriminatory conduct;

(i) use the Site in violation of any applicable law, including export controls and sanctions; or

(j) reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is prohibited by applicable law.

9. Intellectual Property

All content on the Site — including text, graphics, logos, icons, images, audio clips, video, data compilations, software, and the selection, arrangement, and “look and feel” of the Site — is the property of Hitskope, its licensors, its artists, or third-party rights holders, and is protected by United States and international copyright, trademark, right-of-publicity, and other intellectual property laws. “Hitskope,” the Hitskope logo, and related marks are trademarks or service marks of Hitskope Music Group Inc. Artist names, likenesses, and associated marks are the property of the respective artists and are used under license. Third-party marks on the Site (for example, digital service provider logos) are the property of their respective owners and do not imply endorsement. Nothing in these Terms grants you any right, title, or interest in or to any intellectual property of Hitskope, its artists, or any third party, other than the limited right to view the Site in an ordinary browser for personal, non-commercial purposes.

10. DMCA Copyright Infringement Policy

Hitskope respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

10.1 Notification of Infringement

If you believe that content on the Site infringes your copyright, please send a written notice to our designated agent that includes the elements required by 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Site, with sufficient detail to permit us to locate it; (d) your contact information (address, telephone number, email); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

10.2 Designated Agent

Notices must be sent to: Hitskope Music Group Inc., Attn: DMCA Designated Agent, legal@hitskope.com.

10.3 Counter-Notification

If you believe your content was wrongly removed, you may send a counter-notification meeting 17 U.S.C. § 512(g)(3). Upon receipt of a compliant counter-notification, we may restore the content within 10 to 14 business days unless the original complainant files suit.

10.4 Repeat Infringers

Consistent with 17 U.S.C. § 512(i), Hitskope will, in appropriate circumstances, terminate the access of users who are determined to be repeat infringers of intellectual property rights.

10.5 Misrepresentation

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing or was mistakenly removed may be liable for damages.

11. Third-Party Links, Embeds, and Services

The Site may contain links to, or embedded content from, third-party websites and services, including digital service providers, social-media platforms, and audio and video hosting providers. Such links and embeds are provided for convenience; Hitskope does not control, endorse, or assume responsibility for any third-party content, privacy practices, or terms. Your use of any third-party site or service is governed by that third party’s terms and policies.

12. Disclaimers of Warranties

THE SITE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, HITSKOPE AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OR CONTENT ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HITSKOPE OR ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST OPPORTUNITIES, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT HITSKOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HITSKOPE AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; NOTHING HEREIN LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Hitskope and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your Submissions, (b) your access to or use of the Site, (c) your violation of these Terms, (d) your violation of any law or the rights of any third party, including without limitation any intellectual property, privacy, publicity, or digital-replica right, or (e) any representation or warranty made by you that is untrue or breached. Hitskope may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate.

15. Termination

We may suspend or terminate your access to the Site at any time, with or without cause or notice. Provisions that by their nature should survive termination will survive, including Sections 6–10 and 12–19.

16. Governing Law

These Terms and any dispute arising out of or related to them or the Site are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. California governing law is selected because Hitskope is headquartered in Beverly Hills, Los Angeles County, California, and the substantive regulatory framework most relevant to the Site is Californian.

17. Dispute Resolution; Binding Arbitration; Class-Action Waiver

17.1 Informal Resolution

Before filing a demand for arbitration or a lawsuit, you and Hitskope will attempt in good faith to resolve any dispute informally. You may initiate informal resolution by sending a written notice describing the dispute to legal@hitskope.com. Either party may propose a telephone or video conference. The parties will negotiate in good faith for at least sixty (60) days after notice is received. No arbitration or lawsuit may be commenced during this period except for relief expressly permitted under Section 17.4.

17.2 Binding Arbitration

If the dispute is not resolved within the informal-resolution period, it will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Los Angeles County, California, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration provision.

17.3 Class-Action and Representative-Action Waiver

You and Hitskope agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this waiver is unenforceable with respect to any claim, then only that claim will be severed and litigated in court; the remainder of this Section 17 will remain in effect.

17.4 Carve-Out for Intellectual Property and Injunctive Relief

Notwithstanding Sections 17.2 and 17.3, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in the Los Angeles County Superior Court (or, where subject-matter jurisdiction exists, the United States District Court for the Central District of California) for any actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, confidentiality obligations, or digital-replica rights, without first engaging in informal resolution or arbitration. Each party consents to personal jurisdiction and venue in such courts for that purpose.

17.5 Thirty-Day Opt-Out

You may opt out of the arbitration and class-waiver provisions of this Section 17 by sending written notice to legal@hitskope.com within thirty (30) days of first accepting these Terms, stating your name, address, and an unambiguous statement that you opt out of arbitration.

18. Miscellaneous

18.1 Severability

If any provision of these Terms is held invalid or unenforceable, the remainder will remain in full force, and the invalid provision will be modified to the minimum extent necessary to render it enforceable.

18.2 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices posted on the Site, constitute the entire agreement between you and Hitskope with respect to the Site. They supersede any prior or contemporaneous understandings with respect to the same subject matter. Any separate commercial agreement between you and Hitskope (including any distribution, publishing, or label-services agreement) governs its own subject matter and, to the extent of conflict with these Terms, controls with respect to that subject matter.

18.3 Assignment

You may not assign or transfer these Terms without Hitskope’s prior written consent. Hitskope may assign these Terms to a successor in connection with the continuation of its business operations.

18.4 Waiver

No waiver of any provision will be effective unless in writing and signed by the waiving party; no waiver constitutes a waiver of any other or subsequent breach.

18.5 Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including acts of God, war, terrorism, labor disputes, governmental action, telecommunications or utility failures, and pandemics.

18.6 Notices

Notices to Hitskope must be sent to legal@hitskope.com, with a concurrent copy by mail to Hitskope Music Group Inc., 9171 Wilshire Blvd., Suite 500, Beverly Hills, California 90210. Notices to you may be sent to the email address you have provided or by posting on the Site.

18.7 Electronic Communications

You consent to receive communications from Hitskope electronically, including by email and by notices posted on the Site. Electronic communications satisfy any legal requirement that communications be in writing. This consent is provided under the E-SIGN Act, 15 U.S.C. §§ 7001 et seq., and the California UETA, Cal. Civ. Code § 1633.1 et seq. You may withdraw consent by ceasing to use the Site.

18.8 California Consumer Notice

In accordance with California Civil Code § 1789.3, California users are entitled to the following consumer-rights notice: the provider of the Site is Hitskope Music Group Inc., located at 9171 Wilshire Blvd., Suite 500, Beverly Hills, California 90210; the Site is presently provided at no charge; complaints regarding the Site may be directed to legal@hitskope.com; and the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18.9 Accessibility

Hitskope is committed to substantial conformance with the Web Content Accessibility Guidelines 2.2, Level AA. If you encounter any accessibility issue or need an accommodation, please contact legal@hitskope.com.

18.10 Headings

Headings are for convenience only and do not affect interpretation.

19. Contact Information

Legal notices, DMCA notices, arbitration notices, and general questions about these Terms should be sent to legal@hitskope.com. Privacy-specific inquiries should be sent to privacy@hitskope.com as described in our Privacy Policy.