Terms and Conditions

By accessing the website at https://hb.agency, (“HB.AGENCY”) you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

1. Description of service

HB.AGENCY is a platform that provides users with access to a varied collection of music matching and communications tools for those creating, curating and promoting music now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HB.AGENCY to provide the Service. You also understand and agree that the Service may include certain communications from HB.AGENCY, such as service announcements, user messages, administrative messages, and your personal HB.AGENCY profile updates, and that these communications are considered part of HB.AGENCY membership and you will not be able to opt-out of receiving them. Unless explicitly stated otherwise, any new features that may augment or enhance the current Service, including the release of new HB.AGENCY properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that HB.AGENCY assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalization settings.

2. Your registration obligations

In consideration of your use of the Service, you represent that. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”), (b) If you open an account on behalf of your company, then “you” includes you and your company, and you represent and warrant that you are an authorized representative of your company with the authority to bind the entity to these Terms of Use and that you agree to these Terms on your company’s behalf, (c) you give us permission to access and use your information from third-party services (e.g., Spotify, Twitter, Facebook) and to store your authentication credentials for that third-party service (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HB.AGENCY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HB.AGENCY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof); (e) respect the rights of third party creators and content owners.

3. Refunds & credits

You should be aware that we do not offer refunds for paid campaigns under any circumstances, including if a track that you submitted fails to be reviewed or placed on a list HB.AGENCY playlists owner or user. you should be aware you are paying to get reviews for your track and not for placing your track on playlists, as part of this process we allow you to get huge attention by curators/influencers and a high chance to get exposure on their playlists/social media. accordingly, you have to use your discretion.

4. Special Admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

5. Representation, Warranties and indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify and hold HB.AGENCY and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

6. No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7. General practices regarding use and storage
You acknowledge that HB.AGENCY may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any content that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HB.AGENCY’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HB.AGENCY has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.

8. Modifications to service

HB.AGENCY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HB.AGENCY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. Termination
You agree that HB.AGENCY may, under certain circumstances and without prior notice, immediately terminate your HB.AGENCY account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement, third parties or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your HB.AGENCY account includes (a) removal of access to all offerings within the Service, including but not limited to HB.AGENCY blogs, articles, profiles, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in HB.AGENCY’s sole discretion and that HB.AGENCY shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.

10. Dealings with users
Your correspondence or business dealings with, or participation in promotions of, users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such user. You agree that HB.AGENCY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users on the Service.

11. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HB.AGENCY has no control over such sites and resources, you acknowledge and agree that HB.AGENCY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that HB.AGENCY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. HB.AGENCY’S proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HB.AGENCY or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

13. Use of success stories and testimonials
By using our Service, you grant HB.AGENCY the right to publicly share and promote success stories, case studies, and testimonials related to your use of the Service, including but not limited to, publishing your name, likeness, music campaign details, and performance metrics (such as playlist placements and engagement results) on our website, social media channels, and other marketing materials.

If you do not wish for your success story to be shared, you may request the removal of such content at any time by sending a written request to submit(at)hb.agency. Upon receipt of such a request, we will make commercially reasonable efforts to remove or cease further use of the content in future marketing materials.

This section does not grant HB.AGENCY the right to make misleading or false representations about your results, nor does it allow us to modify or edit your success story in a manner that materially misrepresents your experience with our Service.

14. Disclaimer of warranties
You expressly understand and agree that your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. HB.AGENCY and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. HB.AGENCY and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from HB.AGENCY or through or from the service shall create any warranty not expressly stated in the tos.

15. Limitation of liability

You expressly understand and agree that HB.AGENCY and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HB.AGENCY has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

16. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 17 and 18 may not apply to you. no third-party beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

17. Notice

HB.AGENCY may provide you with notices, including those regarding changes to the tos, by email, regular mail or postings on the service.

18. Trademark information

The HB.AGENCY logo trademarks and service marks and other HB.AGENCY logos and product and service names are trademarks of HB.AGENCY. (the “HB.AGENCY Marks”). Without HB.AGENCY’s prior permission, you agree not to display or use in any manner the HB.AGENCY Marks. Other product and company names may be trademarks or service marks of their respective owners.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

HB.AGENCY respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, HB.AGENCY cannot and does not monitor all of the materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any materials posted via the Service. You expressly agree that Company will not be liable for materials. However, HB.AGENCY may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the HB.AGENCY Team the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. HB.AGENCY Team can be reached by email: submit@hb.agency.

DISCLAIMER: HB.AGENCY is not affiliated with or part of Spotify. We are not responsible for any changes made by Spotify on the Spotify platform.

The section titles in the TOS are for convenience only and have no legal or contractual effect.of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.