These Terms of Service (“Terms”) are the legal rules governing your access to and use of the All Sweet services, including any All Sweet applications, websites, email and other means of communication, APIs (collectively, the “Services” or “All Sweet”), provided by HED Social, LLC (“HED Social,” “us,” or “we”), and any content that is streamed on, downloaded from, uploaded to, or otherwise passes through the Services, such as music streams, personal information, text comments, other audio-visual material, and any other data or information (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. YOU MUST NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.
1. Who May Use the Service
You may use the Services if you are old enough to, and agree to, form a binding contract with Hed Social. You also must be at least 13 years old to use the Services. The words “you” and “your” as used in these Terms refers to the person accepting these Terms.
All Sweet is a service that helps you discover sweet new music and share your discoveries with your friends. Right now, you need an Apple Music account to use All Sweet.
You are responsible for anything you do while using the Services, and for understanding and following all laws and terms that apply when you use the Services. As with any social network, not everyone will like or enjoy all of the Content on the Services. We do not monitor or review any Content that you upload or share on All Sweet and we do not endorse or take responsibility for such Content. On All Sweet, you’re not allowed to post Content that is harmful, bullying, racist, xenophobic sexist, genderist, ableist, that otherwise belittles people based on immutable characteristics, or that violates applicable laws or such other community standards as we may maintain from time to time. HED Social reserves the right to remove or block any Content that violates these Terms or applicable laws. In some circumstances, HED Social may suspend or terminate the accounts of violators.
If anyone believes that any Content on All Sweet infringes their valid copyright, they can contact our designated copyright agent here:
HED Social, LLC.
Attn: Copyright Agent
9000 Sunset Boulevard
Los Angeles, CA 90069
Pursuant to the other provisions of these Terms, HED Social gives you a personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by HED Social, in the manner permitted by these Terms.
You will retain your ownership in any Content you may upload or post to the Services. With regard to any Content you upload to or post on the Services, you grant HED Social an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) under all rights that you may have, to use, copy, modify for format, distribute, publicly display, publicly perform, and make available such Content in any and all media or distribution methods now known or later developed, solely for the purpose of HED Social providing, improving, and promoting the Services. You represent and warrant that you have the right to post any Content that you upload or post and to convey the rights granted to us above
Nothing in these Terms gives you the right to use any Content except as expressly stated here. You must follow the terms and conditions of Apple Music or any other third party music service that you use to stream audio content through All Sweet. You may not use All Sweet to copy, share, or distribute content from Apple Music or a third party service, except as expressly allowed in these Terms.
5. Using the Services
Although there is no advertising in the current version of All Sweet, HED Social reserves the right to add this feature in the future. In consideration for HED Social granting you access to and use of the Services, you agree that HED Social and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You agree not to circumvent, block, or interfere with the systems that deliver and display advertising to you while using the Services.
You will need to create an account to use the Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the All Sweet name or any of the All Sweet trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users or third parties) are and will remain the exclusive property of HED Social and/or its licensors. Any feedback, comments, or suggestions you may provide regarding All Sweet, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may deactivate your All Sweet account at any time using the All Sweet user interface on the web or mobile versions of the Services, or by emailing email@example.com. HED Social may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe that you have violated these Terms or created risk or possible legal exposure for us, that your account should be removed due to prolonged inactivity, or if our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
6. Disclaimers, Limitations of Liability, and Indemnity
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, HED SOCIAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HED Social makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the HED Social Parties or through the Services, will create any warranty or representation not expressly made herein. The “HED Social Parties” refers to HED Social, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HED SOCIAL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (iii) ANY CONTENT OBTAINED FROM THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HED SOCIAL PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HED SOCIAL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HED SOCIAL PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold harmless the HED Social Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
HED Social may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which are at www.wavecut.io/terms, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and HED Social. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. HED Social’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
These Terms make up the entire agreement between you and HED Social regarding your use of the Services. They supersede any prior agreements.
Last updated: April 26, 2019