Website Terms of Service

General provisions

  1. Top Hit Corporation, a Delaware-based company at 160 Greentree Drive, Suite 101, Dover, Kent County, 19904 ("TopHit", "We", "Us"), offers internet users ("User", "You", "Your") access to its website https://tophit.com and related sites ("Site").

  2. Through the Site, TopHit provides various features and services, such as music and video distribution for broadcasters, TopHit charts, song demos, video previews, tracking services, donation collection, and other services ("Services").

  3. These Terms and Conditions ("Terms") govern your use of the Site and Services.

  4. The Site contains Content protected by intellectual property rights, which are owned by TopHit or its partners.

  5. You must comply with all applicable laws and restrictions when using such Content.

  6. Under these Terms, TopHit grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Site and Services, which may be revoked at TopHit's discretion.

  7. As an authorized agent, you remain personally responsible for your Site and Services usage.

  8. Your use of TopHit's services is subject to these Terms and the Privacy and Cookie Policy.

  9. If applicable, other Services may be governed by the Distribution Agreement, Radio Station Agreement, and TV Channel Agreement.

Terms and Definitions

  1. Registration involves a TopHit user providing personal information through a registration form on the Site to access TopHit services.

  2. A Registered User is a user whose registration has been verified and confirmed.

  3. A User Account consists of personal web pages on the Site, accessible via a unique username and password, which contain registration information, personal data, user files, management tools, and tools for using and paying for TopHit services.

  4. Intellectual Property Rights encompass all types of intellectual property, such as patents, copyrights, trademarks, and trade secrets, under any jurisdiction.

  5. A Rights Holder is the exclusive owner or representative of rights to published Content.

  6. Verification refers to a signed declaration by the Rights Holder confirming certain obligations under these Terms of Use.

  7. Content includes various intellectual property objects, such as musical works, audio recordings, demo recordings, recording libraries, music videos, previews, and information materials.

  8. User Content refers to content uploaded by users, including reviews, comments, messages, and multimedia files.

  9. Restricted Content is any content that violates third-party rights, including intellectual property and personal rights, or promotes discrimination, war crimes, or crimes against humanity.

  10. A Partner is a third party with whom TopHit has established or will establish commercial relationships.

  11. Territory refers to the worldwide territory, excluding sanctioned countries and territories or those excluded by the Rights Holder through their Account.

Registration and Account

  1. You can explore the Site and Content without registering, but using TopHit Services may require registration and providing accurate, up-to-date information. Failure to do so may result in account termination.

  2. When selecting a username, do not impersonate others, use someone else's name without authorization, or choose an offensive, vulgar, or obscene name. Never use another user's account without permission.

  3. You are responsible for keeping your account login information confidential and for all activities on your account. Notify us immediately at [email protected] if you suspect unauthorized account use or a security breach.

  4. TopHit is not liable for losses or damages due to unauthorized access or your failure to comply with these requirements. We reserve the right to deny registration or cancel a user's account at our discretion.

Restrictions on User Activity

You are prohibited from:

  1. Leasing, transferring, assigning, reselling, or sublicensing the Site or Services to third parties.

  2. Merging or integrating the Site or Services with non-approved equipment, software, or materials.

  3. Modifying or creating derivative products based on the Site or Services.

  4. Decompiling, disassembling, or reverse-engineering the Site or Services' source code.

  5. Using the Site or Services to break laws, harass individuals, collect personal data, impersonate others, or interfere with the Site, Services, or connected servers and networks.

  6. Accessing the Site or Services using high-performance, automated, or electronic means.

  7. Framing the Site or Services, posting pop-up windows, or altering the display without written consent.

No part of the Site or Services may be reproduced or distributed, except as explicitly stated in these Terms. Any updates or additions to the Site or Services' functionality will be subject to these Terms.

User Warranties

By accessing or using the Site and/or Services, you confirm that:

  1. You have read, understood, accepted, and agreed to these Terms.

  2. You are at least 18 years old or the age of majority in your jurisdiction.

  3. You are acting on your own behalf or as an authorized agent for another individual or entity.

  4. All registration information you provide is accurate and up-to-date, and you will maintain its accuracy.

  5. You are not on any sanctions- or export-related list of restricted or blocked persons, including OFAC's List of Specially Designated Nationals and Blocked Persons.

  6. You are not located in, organized under, or a resident of any sanctioned country or territory, including Cuba, Iran, Syria, North Korea, and Venezuela.

  7. You will not violate or cause TopHit to violate any economic sanctions, including those administered by OFAC, in connection with the Site and/or Services.

If you disagree, you must not access or use the Site and/or Services and must exit the Site.

User Content and Activity

  1. The Site enables users to send, upload, store, share, and make User Content publicly available.

  2. You are fully responsible for the User Content you upload and your user activity on the Site.

  3. You agree that any loss or damage arising from the use of User Content on the Site and/or Services is your sole responsibility.

  4. You understand that you may encounter User Content that is inaccurate, offensive, indecent, or objectionable, and TopHit is not liable for any harm resulting from such content.

  5. TopHit reserves the right to reject or remove User Content that violates these provisions but assumes no responsibility and has no obligation for User Content posted, used, stored, or transmitted by you or others on the Site and/or Services.

  6. TopHit is not responsible for the public display or misuse of your User Content.

Restricted Content

You agree not to submit User Content or otherwise engage in User actions that:

  1. Risk causing harm, loss, injury, distress, death, disability, disfigurement, or illness to yourself, others, or third parties;

  2. Risk causing loss or damage to people or property;

  3. Aim to harm or exploit children through inappropriate content, soliciting personal information, or other means;

  4. Contribute to a crime or violation;

  5. Contain content that is unlawful, harmful, abusive, offensive, defamatory, infringing, invasive of privacy, harassing, demeaning, slanderous, threatening, obscene, prejudicial, or considered "hate speech";

  6. Contain illegal information or content (e.g., disclosing insider information or trade secrets);

  7. Contain information or content that you do not have the legal right to provide under any law or contractual obligations.

Counter-Notification Procedure

TopHit reserves the right to remove any user content without prior notice if it violates these Terms, third-party rights, or applicable laws. If you believe your content was removed or disabled in error, please send a counter-notification to [email protected], including the following:

  1. The authorized person's electronic or physical signature, acting on behalf of the exclusive rights owner;

  2. A description of the removed or disabled material, and its original location;

  3. Your contact information, including mailing address, phone number, and email;

  4. A statement that the information in the notice is accurate, and you believe in good faith that the material was removed or disabled due to an error or misidentification.

Ownership

  1. Between you and us, we retain all rights, title, and interest in the Site, Services, and related intellectual property rights.

  2. All ungranted rights are reserved.

  3. You are prohibited from copying, distributing, publicly performing or displaying, digitally performing (for sound recordings), or creating derivative works from any copyrighted work available through the Site or Services.

  4. The trademarks, logos, and service marks ("Marks") displayed on the Site and/or Services are either our property or that of third parties.

  5. You must obtain written consent from us or the third-party owner of the Mark(s) before using them.

Links to Third-Party Websites or Services

  1. The Site may provide links to third-party websites, content, products, or services ("Third Party Services"), such as digital music services.

  2. If you choose to use these Third Party Services, you agree to comply with their respective terms and conditions.

  3. TopHit is not the provider of, and (to the maximum extent legally permitted) bears no responsibility for, any Third Party Services or any transactions or usage associated with them.

  4. The inclusion of links to Third Party Services on the Site does not imply our endorsement of the goods, services, or materials available on such Third Party Services.

Copyright Policy

TopHit is committed to respecting intellectual property rights and expects users to do the same. If you are a copyright holder or its agent, and believe any copyrighted Content on the Site and/or Services infringes upon your copyright or related rights, or those of someone you represent, please submit a notice of alleged copyright infringement using our web form or email us at [email protected].

Your notice of infringement must contain:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed.

  2. Information about the title of the work/recording and the names of its authors and performers.

  3. A description of the material on the Site and/or Services that you believe infringes upon copyright and related rights, along with information sufficient for us to locate the material.

  4. Your mailing address, telephone number, and email address.

  5. A statement that you have a good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.

  6. A statement from you that the information in your notice is accurate, and that you are the owner of the exclusive copyright and/or related rights or are authorized to act on behalf of the Rights Holder.

TopHit may restrict or terminate users' access to the Content under investigation for copyright infringement during the investigation period and until evidence of the disputed Content's legal origin is provided.

Payments

We offer various Service options, including free and paid options. To access paid options, users must make a 100% advance payment to their TopHit account, based on TopHit's price list. Payments for Services are debited from the user's account.

Users can make advance payments via:

  1. Visa/MasterCard through Stripe, or

  2. Wire transfer to Top Hit Corp's account.

Information about advance payments, user account balances, and charges for TopHit's services are displayed in the user's account.

Payments made by a third party to a TopHit user account are considered actions solely benefiting the user, creating no obligations for TopHit towards the third party. All rights and obligations regarding third-party payments on behalf of the user solely involve the user.

Refund Policy

Refunds cannot be requested for Services already provided or in progress. However, users can request a refund for unspent advance payments if they decide to stop using the Services. To initiate a refund, email [email protected].

Upon receiving the request, TopHit will start the refund process, subject to these conditions:

  1. The refund amount will be reduced by any commission fees paid by TopHit to banks and payment agents;

  2. The refund amount will not exceed the balance in the User's TopHit account at the time of the refund request;

  3. The refund will be credited to the same bank card used to fund the User's TopHit account; and

  4. The refund will be credited to the same User account from which previous payments were made to the User's TopHit account.

The actual time to credit funds to the User's account may vary according to banks, payment systems, and aggregators' rules, typically taking 7 to 30 calendar days from the start of the refund process.

Hold Harmless and Limited Liability

  1. The Site and Services are provided "As Is" without guarantees for continuous, uninterrupted, error-free, or secure access or use.

  2. You agree to indemnify, defend, and hold harmless TopHit Parties from any claims, liabilities, losses, damages, judgments, awards, costs, and expenses, including reasonable attorneys' fees, related to your use of the Site, Services, or violation of these Terms or applicable laws, regulations, or third-party rights.

  3. Your agreement to these Terms permanently bars you from taking legal action against TopHit for any issues arising from the Site and/or Services.

  4. To the maximum extent allowed by law, TopHit Parties shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising from your use or inability to use the Site and/or Services, any content or services offered through the Site, or interactions with other users.

  5. TopHit's total aggregate liability, along with that of its licensors, is limited to $100 (one hundred US dollars).

  6. Some jurisdictions may not permit the exclusion or limitation of certain warranties or liabilities. In such cases, TopHit's liability will be the minimum allowed under the applicable law.

Modifications

  1. We reserve the right to modify these Terms or alter, suspend, or discontinue the Service at any time by posting a notice on the Site or sending you an email.

  2. You are responsible for regularly reviewing the Terms for updates.

  3. Continued use of the Site and Services after any modifications signifies your acceptance of the changes and agreement to be bound by the updated Terms.

  4. Changes to the Terms will not apply to disputes that occurred before the modification date.

  5. If you disagree with any modifications, your only option is to cease using the Site and Services.

Privacy

  1. Your privacy is important to us. Please review our Privacy Policy (https://tophit.com/legal/policy/privacy). It describes how we collect, use, and share information when you use the Site and Services that link to this Privacy Policy.

  2. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

Miscellaneous

  1. These Terms encompass the full understanding between you and us regarding your access and utilization of the Site and Services.

  2. We retain the authority to terminate these Terms, your Account, and your access to the Site and Services without prior notification.

  3. Your rights under these Terms will cease automatically and immediately if you do not adhere to the promises and obligations outlined within these Terms.

  4. If any provisions in these Terms are found to be invalid or unenforceable, they will be severed or reinterpreted to align as closely as possible with the original intentions of both parties, while the remaining provisions continue to be valid and enforceable.

  5. Any failure on our part to enforce a provision does not constitute a waiver of that provision or any other provision, and our failure to assert any right or provision under these Terms does not imply a waiver of that right or provision.

  6. Section titles in these Terms are for convenience only and hold no legal or contractual significance.

  7. These Terms, along with any disputes, claims, or controversies that relate to or arise in connection with these Terms or your relationship with TopHit as a user of TopHit Services ("Dispute"), are governed by and shall be construed in accordance with the laws of the state of Delaware.

  8. All legal actions pertaining to the Site, Service, these Terms of Service, or our Privacy Policy must be brought exclusively in the federal or state courts located in the County of Kent, Delaware, U.S.A.