Hitmakers, Inc. and its affiliates (“Trackpad") provide website features and other products and services to you when you visit or join Hitmakers at the hitmakers.io website (“Trackpad site”); purchase and use Trackpad™ hardware recording device (“Trackpad”); download and use Hitmakers Trackpad® Music Recorder mobile application (“Trackpad”); and/or use or purchase related services (including customer support), accessories or software provided by Hitmakers in connection with any of the foregoing (collectively, “Trackpad Services"). Hitmakers provides the Trackpad Services subject to the following terms and conditions of use (“Terms of Use”).
Hitmakers offers a range of Trackpad Services, and, depending upon the particular Trackpad Service(s) that you are using, additional terms may apply. When you use a Trackpad Service, you also will be subject to the guidelines, license, terms and other agreements applicable to that Trackpad service (each an "Other Agreement"). For example, download and use of Hitmakers Trackpad Recorder is subject to the Trackpad Music Recorder Software License Agreement between you and Hitmakers that accompanies the application. If these Terms of Use are inconsistent with any applicable Other Agreement, the Other Agreement will control.
Hitmakers cares about the privacy of its customers. Please review our Privacy Policy, which, by this reference, also governs your use of Trackpad Services, to further understand our practices, including information that may be automatically collected from you as part of your use of the Spire Services.
When you use any Trackpad Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us regarding the Trackpad Services, you are voluntarily communicating with us electronically. You thereby consent to receive communications from us electronically in return, such as e-mails, texts, mobile push notices, or notices and messages on the Hitmakers Site or through the other Hitmakers Services, such as our Customer Support, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Trackpad Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hitmakers or its content suppliers or licensors and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Trackpad Services is the exclusive property of Hitmakers and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Trackpad Services are trademarks or trade dress of Hitmakers in the U.S. and other countries. Hitmakers' trademarks and trade dress may not be used in connection with any product or service that is not Hitmakers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hitmakers. All other trademarks not owned by Hitmakers that appear in any Trackpad Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Hitmakers.
One or more patents pending that are owned by Hitmakers apply to the Trackpad Services and to the features and services accessible via the Trackpad Services.
Subject to your compliance with these Terms of Use and your payment of any applicable fees, Hitmakers grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use all Hitmakers software contained within the Trackpad Services. This license does not include any right of resale, duplication or commercial distribution of any such Hitmakers software or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hitmakers software or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Other Agreement are reserved and retained by Hitmakers or its licensors, suppliers, publishers, rights holders or other content providers. No Trackpad Services, nor any part of any Hitmakers Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Hitmakers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hitmakers without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hitmakers name or trademarks without the express written consent of Hitmakers. You may use the Trackpad Services only as permitted by law. The license and services granted to you by Hitmakers as within the Trackpad Services shall terminate if you do not comply with these Terms of Use or any Other Agreement.
If you use any Trackpad Services, you are responsible for maintaining the confidentiality of your associated account and password, as well as for restricting access to your computer, mobile device or Trackpad Studio account, and you agree to accept responsibility for all activities that occur under your account or password. Hitmakers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Customers may submit reviews, comments, photos, videos, and other content; and send e-mail communications; as well as submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Hitmakers reserves the right (but not the obligation) to remove from or edit such content on any interactive portion of the Hitmakers/Trackpad Site, but may not regularly review posted content.
If you do post content on any interactive portion of the Hitmakers/Trackpad Site or submit material, and unless we indicate otherwise, you grant Hitmakers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hitmakers and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Hitmakers for all claims resulting from content you supply. Hitmakers has the right (but not the obligation) to monitor and edit or remove any activity or content. Hitmakers takes no responsibility and assumes no liability for any content posted by you or any third party on any interactive portion of the Hitmakers/Trackpad Site.
When you use the Trackpad Recorder created by Hitmakers in conjunction with other Trackpad Services, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
In addition to these Terms of Use, the terms of Hitmakers Trackpad Music Recorder Software License Agreement (“Software License”) found here apply to any software (including any updates or upgrades to the software and any related documentation) that you purchase and/or that we make available to you, from time to time, for your use in connection with the Trackpad Services (“Hitmakers Software"). You may use Hitmakers Software solely for purposes of enabling you to use and enjoy the Trackpad Services as provided by Hitmakers, and as permitted by these Terms of Use, the Software License and any Other Agreements. You may not incorporate any portion of the Hitmakers Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Hitmakers Software or otherwise assign any rights to the Hitmakers Software in whole or in part. You may not use the Hitmakers Software for any illegal purpose. We may cease providing any Hitmakers Software, and we may terminate your right to use any Hitmakers Software at any time. Your rights to use the Hitmakers Software will automatically terminate without notice from us if you fail to comply with the Software License, these Terms of Use or any Other Agreement. Additional third-party terms contained within or distributed with certain Hitmakers Software that are specifically identified in related documentation may apply to that Hitmakers Software (or software incorporated with the Hitmakers Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Trackpad Services is the property of Hitmakers or its software suppliers and protected by United States and international copyright laws.
You may not, and you will not encourage, assist or authorize any other person to, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Hitmakers Software, whether in whole or in part, or create any derivative works from or of the Hitmakers Software.
In order to keep the Hitmakers Software up to date, we may offer automatic or manual updates at any time and without notice to you.
When you use the Trackpad Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Hitmakers Software. If you are a U.S. Government end user, we are licensing the Hitmakers Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Hitmakers Software are the same as the rights we grant to all others under these Terms of Use.
THE TRACKPAD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE), AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRACKPAD SERVICES ARE PROVIDED BY HITMAKERS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HITMAKERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRACKPAD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRACKPAD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRACKPAD SERVICES IS AT YOUR SOLE RISK.
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HITMAKERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HITMAKERS DOES NOT WARRANT THAT THE TRACKPAD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRACKPAD SERVICES, TRACKPAD SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HITMAKERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HITMAKERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRACKPAD SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRACKPAD SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Hitmakers respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact [email protected]. We respond quickly to the concerns of rights owners about any alleged infringement.
By using the Trackpad Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hitmakers.
Please review our other policy, Privacy Policy posted on the Trackpad Site. These policies, together with the Software License, also govern your use of the Trackpad Services. Hitmakers reserve the right to make changes to the Trackpad Site, policies, License Terms, Other Agreements and these Terms of Use at any time. If any of the included conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.