Humana Music, LLC as creators of Humana Music and its affiliated and subsidiary companies around the world (hereafter “Humana Music”) welcomes your interest in visiting our web site and get familiar with our services.-
Below you will find the legal terms applied to any individual who visits our website or uses our services (hereinafter referred to as “Users”). These terms are essential not only for your protection but also for ours, and to make our wide range of services achievable.-
“Humana Music” is a group of people who work on the topics that you can suggest us for the accomplishment and production of customized soundtracks, that is to say, pieces of music with short or long duration, with or without interpretation, focused on a specific topic, aimed at being printed in the memory of those listening to it (hereinafter referred to as “soundtrack”).-
“Huma Music” offers the users the possibility of creating and producing original music “Soundtracks”, for any type of projects through a quick and simple digital platform, with a human touch which sets the difference with the music library offered in the market, to be used as you establish as its holder and you can broadcast it in the reproduction format established through any kind of possible platform (ex. websites, galleries, multimedia players, mobile Apps and other applications, among others, those that will be hereinafter called “User Platform(s)”).
We specifically provide the following services for the “Soundtrack” production:
Production Service of a soundtrack of original music that includes: Composition, Recording, Release, Postproduction of Audio and creation of the final original master track of the project.
Postproduction Audio Service that includes: Audio Mix, Sound Effects, and final mix of the project.
As a whole, all the services offered by “Humana Music” for the creation of the “Soundtrack” will be identified as the “Service”.-
The “Terms of Humana Music” constitute a legally binding agreement between us, “Humana Music”, and you, the “User”, regarding the use of any “Service” and the production of the “Soundtrack”.
You cannot use our services if you do not accept every “Terms of Humana Music.-”
1.4.1. Procedure to access the Services-
In order to access and use the “Services” of “Humana Music”, you must first enter your personal data or the company’s such as full name and an email address, you must detail the complete description of your project and finally give the details or attach (in any digital format) a brief or work order with all the necessary or desired details for the production of the “Soundtrack” (Service Order).
In just seven steps you can request the production of an original soundtrack for your project:
If someone different from you access your “Service Order”, you can execute the actions available for you, you can make changes on the “Service Order” and accept the legal terms and production advances of your “Soundtrack”, make comments, requests, presentations and/or any other action; “Humana Music” shall consider that all these activities have been produced on your behalf.
Therefore, we greatly insist on suggesting that you keep the confidentiality of the login in credentials of your “Service Order” and allow the access only to people you trust if it is so decided, because you will be the only person fully responsible for all the activities happening at your “Service Order” having been authorized or not by you, and for the damages, expenses or losses resulting to “Humana Music” of such activities.
You must provide accurate and full information when signing up your “Service Order” and using the “Services” of “Humana Music” which you may exclusively be entitled to. We specially recommend that you provide your contact and billing information (or the company’s), including a valid email address because we can use it for identifying and establishing the real and true holder of the “Service Order” and/or “User Content” (as defined below) delivered to us.
In case of a property dispute upon a “Service Order”, we reserve the right to determine the ownership of a “Service Order” based on our reasonable judgment, whether we make an independent research or not. However, if we cannot make this decision (which we can consider it at our sole discretion), we reserve the right to avoid doing and/or suspending the “Service Order” until the disputing parties can reach a solution, without responsibility to you or any other party. We can request some documents from you (for ex. an identification issued by the government, a license to conduct businesses etc.) that could help us. Among others, we can consider the following principles:
2.1.1. Are (18) years of age, or the legal age of majority in your jurisdiction and have the legal authority, right and freedom to accept the “Terms of Humana Music” to make a binding agreement, for yourself or on behalf of the person or entity submitted by you to the “Terms of Humana Music”;
2.1.2. Are not a citizen, or will use the “Services” of “Humana Music” in a country that is seized for the use of “Services” of “Humana Music”;
2.1.3. That your country of residence or the incorporating country of the company is the same as the country specified on the contact or billing address provided to us;
2.1.4. That you understand that “Humana Music” will not provide legal counseling or recommendations regarding the laws or dispositions applicable to its use or fulfillment.
2.2.5. Regarding the “User Content”, the “User”:
126.96.36.199. Confirm that you have and will keep all rights in and at any content uploaded or provided by you or imported, copied or uploaded by “Humana Music” on your behalf, to your “Service Order”, including the designs, images, animations, videos, audio files, sources, logotypes, codes, drawings, compositions, works of art, interfaces, user names, information provided in order to create a subdomain, text, image, literary and musical works, and any other material ("User Content"), or that either way has all power (and keeps on having) all the power, title, licenses, consents, authorizations, transfers and authority and the “User Content”, as needed to legally being able to access, import, copy, use, publish, for the production and performance of the hired “Soundtrack” .-
188.8.131.52. State that the “User Content” is (and will remain) true, current, accurate, which does not violate third parties’ rights and that it is in no way illegal for you to upload, import, copy, have, publish, transmit, exhibit or use it in any other way in the country of residence for you or others, for its display to other people through any mean known by or to be known, which will be the sole and exclusive responsibility of the “User”;
184.108.40.206. That you have obtained all the necessary authorizations and permits under all applicable laws, in connection with the record, display and publication of any personal information and/or the image and likeness of any person, entity or property being part of the “User Content”, and that you endorse all the corresponding applicable laws.Therefore, in order to be able to use our services, there are certain obligations and conditions that must be fulfilled. Among others, being at least 18 years of age, live and use our services in an allowed area. Besides, you must have all content copyrights that you upload or publish or that we have access to in order to provide you our “Services” for the production of the “Soundtrack” for you, make sure that such content is legal and reliable, and that everything you do with it is legal.
2.2.1. You are in full compliance with every applicable laws and contractual terms ruling the use of “Services” of “Humana Music” and the “Soundtrack” (and any other interaction or related transaction), including the specific laws applicable to you;
2.2.2. To be exclusively responsible for and have the obligation regarding any of the uses of the “Services” of “Humana Music” and/or the “Soundtrack” taking place under their “Service Order” and for any of its “User Contents” (including the consequences of accessing, importing, uploading, copying, using or publishing the “ User Content” in or regarding the “Services” of “Humana Music” and/or the “Soundtrack”);
2.2.3. To make regular and independent backups and save the “User Content” and the information being processed for the “Soundtrack” production;
2.2.4. To receive messages of “Humana Music” by email or any other contact detail that you can provide to us (including your telephone number for calls or texts or any other platforms or social media). If you do not want to receive any kind of promotional materials or advertisements, just inform us at any time;
2.2.5. To allow Humana Music to use in perpetuity, worldwide and free, any version of the “Service Order” (or any part of it) for any of the promotional and marketing activities of “Humana Music”, on line or off line, and change them as maybe reasonably necessary for such purposes and, you wave any claim against “Humana Music” or anyone acting on behalf of “Humana Music”, related to any moral and/or economic right in the past, present or future and/or image rights and/or copyright and/or any other similar right worldwide that you can have resulting from the “Soundtrack” or the “User Content”;
2.2.6. “Humana Music” will be entitled to offer the “Services” in alternative price plans and imposing different restrictions regarding the use of the “Services” in each price plan including, without limitation, the restrictions on those that you unilaterally decide, among others regarding the quality and/or format of the “Soundtrack”, its duration, the downloading time volume, etc.
2.2.7. To bear all costs, fees, duties, taxes, (such as rights and fees received by entities collecting author’s rights, etc.) and payments of any type and/or nature coming from the use, reproduction, broadcasting, transmission or use for any purpose of the “Soundtrack”, through media and/or known formats and/or to be known, in any country of the world and without any limit of time.
2.3.1. copy, modify, reuse, create jobs resulting from, downloading, adapting, making inverse engineering, emulating, migrating other service, translating, compiling the “Humana Music Website”, the “Services” of “Humana Music” (or any part of them), to use them and show them through any media or any part of them in any way, to publicly show, make, broadcast or distribute any of the above without prior specific and written consent of “Humana Music” or according to expressly permitted provisions under the “Terms of Humana Music”;
2.3.2. to send, show or exhibit the “Soundtrack” in a context that can be considered as defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, offensive, misleading or fraudulent, encouraging criminal or harmful conduct, or violating the rights of “Humana Music” or any third party (including any other property rights, privacy rights, contractual rights, etc.), or show any person, entity or brand in any way derogatorily, without its previous explicit consent;
2.3.3. Use any illegal action to gather user login information and/or passwords of other “Service Order” or the “Humana Music Website”, or any third party, software or services,
2.3.4. Using phishing, collecting, uploading or in any other way make information available about their credit cards or other means of financial information to get payments;
2.3.5. To upload, insert, gather or otherwise make available within the “Humana Music Website” and/or the “User Content” and/or the “Soundtrack” (or any part of them) any harmful, illegal, libelous or obscene content,
2.3.6. To use any "robot", "spider" or any other automatic device, program, script, algorithm or methodology, or any other manual process similar or equivalent to, in order to access, acquire, copy or monitor any part of the “Services” of “Humana Music” (its data and/or contents), or to reproduce or avoid in any way the navigation structure or the presentation of any of the “Service” of “Humana Music” in order to get or try to get any materials, documents, services or information by any means made available unintentionally by “Humana Music”;
2.3.7. To act in a way that could be seen as detrimental for the reputation and goodwill of “Humana Music” and/or that can result in discredit and/or damage and/or harm to Humana Music”;
2.3.8. To buy key words from search engines or any other click payment (for example, Google AdWords), or domain names using “Humana Music” or the brands “Humana Music” or their variation or spelling mistakes;
2.3.9. To replace any person or entity, to provide fake information about the “Services” and/or “Humana Music”, be it in a direct or indirect way, or to make any other manipulation in order to hide its identity or its origin from any message or transmission that you send to “Humana Music”;
2.3.10. To falsely claim or distort its affiliation with any person or entity, o to falsely express or entail that “Humana Music” or any other third party gives support to you, your business, your products or any statement you make;
2.3.11. To make a reverse search, track or try to track other “User” of the “Services” of “Humana Music”, to interfere or violate in any way the right to privacy or any other rights from other “User”, or to get or gather personal recognizable information about the visitors or users of the “Services” of “Humana Music” and/or the “Website of Humana Music” without its express and informed consent;
2.3.12. To deactivate, dodge, skirt or avoid in any way the measures used to avoid or restrict the access to the “Services” of “Humana Music”, other users’ account(s), or any other system or connected networks to the “Services” of “Humana Music”, using the hacking, password mining or any other illegitimate or forbidden means;
2.3.13. To explore, scan or test the vulnerability of the “Humana Music Website” and/or the “Services” of “Humana Music” or any network connected to the “Services” of “Human Music”;
2.3.14. To use the “Services” of “Humana Music” and/or the Website of Humana Music” in order to design, develop, distribute or in any other way send or execute any virus, worm, Trojan virus, time bomb, web bug, spyware, malware, or any code, file or computing program aimed at or designed to damage or hijack the performance of any hardware, software or telecommunication equipment, or any other code or component really or potentially harmful, disruptive or invasive;
2.3.15. To take any action that entails an irrational load or unreasonably heavy on the “Service Order”, the “ Humana Music Website”, the systems of “Humana Music” or the networks connected to the “Services” of “Humana Music”, or to interfere in any way, or interrupt the execution of “Humana Music Website” and/or any of the “Services” of “Humana Music”, or the servers or networks that host or make the tools available to produce “Soundtracks”, or ignore the requisites, procedures, policies or rules from such servers or networks;
2.3.16. To use the “Humana Music Website” and/or the “Service Order” and/or any of the “Services” of “Humana Music” regarding any kind of spam, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar behavior, or to participate in any other way in marketing or unethical advertising;
2.3.17. To access any of the “Services” of “Humana Music”, “Service Order” and/or “User Content”, by any means or technology (for example, “scraping” or “crawling”) different from our publicly supported interfaces,
To sell, license or exploit for any commercial end, the “Soundtrack” except as expressly allowed by the Terms of Humana Music”;
2.3.19. To eliminate or change any copyright information, watermarks, restriction and indication property law, including the copyright indicators [©], Creative Commons [(cc)] or registered trademarks [® o ™] contents in or that can go with the “Services” and/or the “Soundtrack”; or violate, or try to violate or breach in any way any of the “Terms of Humana Music” or any of the laws or dispositions available for the use of “Services” “Human Music”.
2.3.20. To access or use the “Services” and/or the “Soundtrack” to make a benchmark or a similar competitive analysis or to build a competitive product or service.
You acknowledge and agree that any breach of the foregoing or any false statement made by you in this document can result in an immediate termination of your “Service Order” or any of the “Services” provided to you with or without previous notice and without any reimbursement of the amounts paid by these services.
Generally speaking, we want to avoid you to do anything that can harm us or any other person.
Among others, you cannot copy our materials, use any content in an illegal or harmful way, use our services or contents in any other platform or website not provided by us, to make false statements or overuse our services, or to violate in any way somebody’s right or the applicable laws.
Failure to obey any of these rules can result in the cancellation of your “Service Order” and cancellation of the service provision.
You must hold all the intellectual property or the reproduction rights and exhibition related to your “User Content” and any other materials created or sent by you, including any design, images, animations, videos, audio files, sources, logotypes, drawings, compositions, works of art, code, interfaces, text and literary works. “Humana Music” does not claim any property rights on its content. In order to guarantee the “Service”, you acknowledge and accept that we need to access, upload and/or copy your “User Content” to our platform to make display adjustments and to carry out any other technical action and/or the uses needed to provide the “Services”, as considered necessary for the production and performance of the “Soundtrack”.
Every right, title or interest in and to the “Services” of “Humana Music”, including any and all the materials likely to have copyrights or any other content that is or can be subject to intellectual property rights under any applicable law (including arts, charts, images, templates and website widgets, literary works, source and object code, computer code (including html), application, audio, music, video and other media, designs, drawings, interfaces, documents, its derivatives and versions of the "look and feel" of the “Services”, methods, products, algorithms, data, characteristics and interactive object of “Humana Music”, tools and methods, inventions, logotypes, registered or not or subject to be registered (collectively “Intellectual Property") that “Humana Music” thinks or uses for incorporating the “Soundtrack”, and any derivation, are owned or licensed to “Humana Music” and can be used by “Humana Music” for the production of other “Soundtracks” or the purpose decided at his sole discretion.
Subject to full compliance with “Humana Music Terms” and the timely payment of all applicable Fees, “Humana Music” gives on this document, when creating the “Service Order” and during the time established by “Humana Music” the right to receive the “Services” delivery in order to create a “Soundtrack”.
The “Terms of Humana Music” do not convey any rights or interest in or for the Intellectual Property of “Humana Music” (or any part of it), except for everything stated here in the “Terms of Humana Music”. Nothing in the “Terms of Humana Music” represents a grant or waive of the Intellectual Property of “Humana Music” under any law.
You can send us your suggestions, comments or any other information related to “Services” of “Humana Music” (whether they are existing, suggested or contemplated), to be used by “Humana Music” to continue with the development, customize and improve the “Services” of “Humana Music”, improve the data safety and the capabilities for prevention of frauds and to comply with the laws and applicable rules. You hereby waive any copyright that could be related by your comments-
The use of the “Services” of “Humana Music” is subject to the payment of particular fees, as determined by “Humana Music” at your sole discretion ("Payment services" and "Fees", respectively). “Humana Music” will notify those expenses currently in force related to these “Payment Services”. If you would like to receive or use the “Services” you must pay every applicable charge in advance.
“Humana Music” reserves the right to change its Fees at any time.-
All “Fees” will be considered in American Dollars, except as specifically stated in written by “Humana Music”. To the extent permitted by the law (and unless “Humana Music” specifies otherwise in written), all “Fees” are net of taxes (including the added value tax, sales tax, goods and service taxes etc.), levies or obligation taxed by the tax authorities ("Taxes"), and you will be held responsible for the payment of every taxes related to the use of “Services” of “Humana Music” and the “Soundtrack”. If “Humana Music” is forced to charge or pay “Taxes”, for the “Fees” payable by you, and if these taxes were added or not, the taxes will be reflected in the invoice of such transaction. We advise you to check the existence of additional charges that can be collected by third parties related to the payment of “Services” (as international transaction fees, exchange rates or charges from banks or credit cards companies). “Humana Music” is not responsible for such charges or additional costs.
“Humana Music” or its affiliated companies will issue an invoice or credit note for any Fee payment or reimburse done to or for “Humana Music” ("Invoice"). Every “Invoice” will be electronically issued based in the country established on your billing address and it will be available to you by email. In order to issue the “Invoice”, you can be requested to provide some Personal Information (all the necessary for the invoice issuance according to the fiscal regulations) to be complied by the local laws. You should be aware that the “Invoice” in your “Service Order” can be inappropriate for the local legislation requisites and in that case, it can only be used with pro forma purposes.
Please check the terms of every “Service” carefully before buying, since they are not refundable unless there is a current legal obligation to do so.
If at any time we record a decline, chargeback or any other rejection of a “Services” payment ("Chargeback"), this will be considered as a breach of duty in accordance with this, and the use of the “Services” of “Humana Music” can be automatically suspended or finished.
In case a Chargeback is made, its “Service Order” can be blocked.
The Services of “Humana Music” will not be provided until the “Fees”, “Taxes” and costs incurred by “Humana Music” are paid again or third party service for each Chargeback received (including the Fees for Humana Music Services rendered before the Chargeback, handling and processing charges incurred by the payment processor).
If you have any question or concern regarding any payment made to “Humana Music”, we ask you to first get in touch with us before submitting a Chargeback in order to avoid the cancellation of the “Service” of “Humana Music” and the blockage of your “User Account”, and to avoid the unwarranted or wrong submission of a Chargeback; such situation shall make you responsible for the applicable charges, apart from the repayment of every “Fees” applicable to the “Services” of “Humana Music” bought (and Chargebacked) by you.
You can stop using and request for the cancellation of your “Service Order” or the “Services” of “Humana Music” at any time, according to the instructions available.
The breach of any of the “Terms of Humana Music” or the lack of payment of any “Fee” owed will give “Humana Music” the right to suspend (until the full payment is made) or cancel its “User Account” as well as the “Service” provision.
If your “Service Order” or any other Service” is canceled (either by your request or at the sole discretion of “Humana Music”), this can result in the loss of some contents, duties or the capacity of their “Service Order”, including any “User Content”, User data or other data. “Humana Music” should not be responsible in any way for such loss. You should also be aware that “Rates” can be applied apart from the ones additional to the reactivation of a “Service Request” or the “Services” after its cancellation, as determined by “Humana Music” at its sole discretion.
If “Humana Music” receives a notice about a copyrights infringement related to your “Service Order” and/or “User Content”, we can cancel your “Service Order” or eliminate any “User Content” at our discretion, with or without previous notice. We respect the intellectual property rights from third parties.
We provide the “Services” based on "How they are", "with all its faults" and "As it is Available", with no warranties of any kind, including any implied warranty or merchantability conditions, suitability for a specific purpose, professional effort, non-infringement, or any other warranty, all to the full extent of the law. We specifically do not represent or guarantee that the “Services” of “Humana Music” and/or the “Soundtrack” (or any of its part, characteristic or content) are of some quality, reliable or safe in any way, suitable for or consistent with any of their included activities, devices, nor will they comply with any applicable law for you (even in any jurisdiction you operate in), or that its performance is free from any virus, bugs or other harmful components or limitations of the program. On the other hand, we do not support any entity, product or service mentioned in or made available through the “Soundtrack”.
Notwithstanding anything to the contrary in the foregoing, under no circumstance can “Humana Music” be considered as the "Publisher" from any “User Content”, it does not endorse by any means any “User Content” and it does not take any responsibility for any “User Content” uploaded, written, published and/or made available for the User for the production and the implementation of the “Soundtrack”, for any use in any part, or by any loss, elimination or damage to it or any loss, damage, cost, expenditure that you or others can suffer or incur as the result of or in relation with the publication or access to any “User Content”. Besides, “Humana Music” will not be accountable for any mistake, defamation, slanders, misrepresentations, obscenity, pornography, incitement or any other illegal or unlawful “User Content” that you or any other can find.
We hereby acknowledge that you take all the risk, responsibilities or damage of any type resulting from or as a result of the “Services” and/or “Soundtrack”. “Humana Music” will not take any obligation or safety or integrity risk regarding the breach or damage or any personal content of the “User”.
To the maximum extent permitted by law in any applicable jurisdiction, either “Humana Music” or its officials, directors, shareholders, employees, affiliates and/or agents shall be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damage of any kind, including any damage resulting from: (1) errors, inaccuracies or ambiguity of any content; (2) personal injuries or damage to property related to the use of the “Services”; (3)any unauthorized access or use of any personal information or other information; (4) any interruption or cease of transmission of the “Services”; (5) the use or display of any “User Content” published, sent by email, broadcast or available for the “Services” delivery; or (6) events beyond “Humana Music” reasonable control including Internet failures, equipment failure, electrical power failures, strikes, labor disputes, riots, mutinies, civil disturbances, labor or material shortages, fire, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, court orders, courts and tribunals or non-execution by third parties; and (7) and bodies, loss of use, data, profits, goodwill or other intangible losses, resulting from the use or the inability to use any of the “Services”.
“Humana Music” reserves the right to change, suspend or cancel any of the “Services” (or their characteristics or prices or “Fees” applicable to them) and/or canceling its access to any of the “Services” for any reason and/or change any of the “Terms of Humana Music” with or without notice -at any time and in any way-. You accept that “Humana Music” shall not be liable for you or any third party for any change, suspension or interruption of such “Services”.
If such changes involve the payment of additional “Fees”, we will provide you with a notice of such “Fees” before activating such specific changes. If you do not pay or refuse to pay such “Fees”, we can (at our sole discretion) cancel your “Service Order” and the “Services” hired without this circumstance creating the right of any compensation whatsoever.
“Humana Music” shall not grant any licensing whatsoever to the “User” of any brand name, trade name, service brand, service name, patent, copyrights or any other of the previous application that is or may become property of “Humana Music”, or its affiliates, successors, assignees or subsidiaries.
The “User” shall not be able to transfer the Services” or the rights resulting from the “Terms of Humana Music” and/or the “Soundtrack”, without the prior written consent of “Humana Music”.-
These “Terms of Humana Music” contain most of the dispositions existing between “Humana Music” and the “User” regarding the issues subject matter of them and replaces all the previous agreements, statements and understanding of the parties, both oral and written ones.
If any of the provisions of the “Terms of Humana Music” were invalid, illegal or cannot be enforced based on a legal or public order provision, the other clauses and provisions will remain in full force and effect and such clause or invalid, illegal or unenforceable provision shall be unilaterally modified by “Humana Music” as necessary to adjust it to the applicable law or the public order.-
The “Terms of Humana Music” and any all claims and disputes related to the “Services” and/or the “Soundtrack”, its interpretation, or the breach, termination or validity thereof, the relationship resulting from or by virtue of the “Terms of Humana Music”, or any transaction or related purchase, will be ruled, construed under and shall be mandatory in every respect only and exclusively in accordance to the laws of the Republic of Argentina.-
You hereby agree that any and all disputes and claims shall be brought to and exclusively decided by the Ordinary State Court located in the Autonomous City of Buenos Aires, Republic of Argentina. The application of the Convention of the United Nations on the Contracts for the International Sale of Goods is expressly excluded by this agreement.
Subject to any applicable law, every dispute between you and “Humana Music” will only be solved individually and you shall not be entitled to file a claim to “Humana Music” as plaintiff or member of a class action.
We can notify you by any of the following methods: (1) through your “Service Order”; (2)by email, sent to the email address provided by you, or (3) by any other mean, including any telephone number or physical address or number that you have provided. The notice of “Humana Music” shall be considered received and effective within twenty-four hours (24) after it was published or sent using any of the previous methods, unless otherwise specified in the notice.
Also, in order to get in contact with our customer service, use any of the following options: