1. Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Website operated by HIDDENSONG, LLC., a California Limited Liability Company (hereinafter, “HIDDENSONG”). The viewer or user (collectively, the "User" or “you” or “your”) should read these Terms and Conditions carefully before using the Website. By continuing to view and use the Website, the User agrees to these Terms and Conditions and the privacy policy on the Website. Furthermore, by becoming a Registered User (as defined below), these Terms and Conditions are further affirmed. If the User does not agree to the Terms and Conditions set forth herein or otherwise on the Website, the User must not use it. HIDDENSONG retains the right to change the content of the Website or these Terms and Conditions at any time. Any changes made to these Terms and Conditions shall be effective immediately upon posting. The User’s continued Use of the Website constitutes acceptance of those changes. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR YOU DO NOT MEET OR COMPLY WITH THESE PROVISIONS, YOU MAY NOT USE THE SITE.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by HIDDENSONG) form a binding agreement between you and HIDDENSONG. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your registration may be terminated without warning, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. By utilizing the Site in any manner, including, without limitation, by viewing the same (collectively, a "Use"), the User accepts that offer and creates a binding contract between the two parties to adhere to the same. You are agreeing to use the Site at your own risk. Nothing contained on the Website shall be construed as a representation to be reasonably relied upon. In no event shall anything on the Site be construed either to create a duty of care or to constitute a representation by HIDDENSONG of any sort to be relied upon by the User in any manner whatsoever. HIDDENSONG takes no responsibility for information sent to it that is intercepted by third-parties.  HIDDENSONG takes no responsibility for the information contained on any Site to which this one may be linked, as the same is completely independent of the Site. Furthermore, HIDDENSONG takes no responsibility for any communications between Users or posted by any User. User acknowledges and agrees that User’s participation in and on the Site is at its own risk. User acknowledges that HIDDENSONG in its operation of the Site is simply serving as a passive conduit and does not control the quality, safety or legality of any interactions between Users of the Site, or any information posted by third parties on the Site, nor does it endeavor to determine the truth or accuracy of any messages posted by third parties or any other information. Accordingly, User acknowledges and agrees that HIDDENSONG shall be entitled to the immunities afforded to an Interactive Computer Service under the Communications Decency Act, 47 USC § 230, as it may be amended. HIDDENSONG is not responsible for the User’s Use of the Site. User shall use caution and be responsible for the inherent risks in dealing with other Users or third-parties, whose identities have not been verified or who may be under age, acting under false pretenses or attempting to defraud others. User agrees to accept and assume such risks and acknowledges that HIDDENSONG is not responsible for the acts or omissions of Users or third-parties on the Site. Without limitation, User acknowledges and agrees that none of the Users or their profiles are by or for HIDDENSONG, with the sole exception of profiles that are created by HIDDENSONG during the beta testing period. Users are independent, separate individuals or entities. Accordingly, User acknowledges and agrees that HIDDENSONG shall bear no liability, and User accordingly releases HIDDENSONG from any and all liability, and potential claims that could arise from User’s dealings with any other Users or other third parties.

3. Certain Definitions. The following definitions apply to these Terms and Conditions in addition to the definitions stated herein in each Section: "Website" or the "Site" includes “www.hiddensong.com” in its entirety and related sites owned or operated by HIDDENSONG and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.

“Subscriber” or “Registered User” means a User who is accessing the Site for Services (defined herein below).
"Content" or “Materials” includes all Text, Graphics, Design and Programming used on the Site. Site contains images and contents, including but not limited to images, photographs, website text, software, pictures, graphics, video clips, audio clips, digital downloads, data, messages or any and all other information controlled by the Site
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Services" means any services provided on the Site by HIDDENSONG or its agents including posting or loading certain content on the Site.
"You" and "your" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions including a User and/or Subscriber or Registered User.

Fees.   HIDDENSONG reserves the right to charge for the utilization of the Site or any portion thereof without prior notice to the User. In the event that User does not wish to pay such a fee, User’s sole remedy shall be to stop utilizing the Site and its Services. As applicable, HIDDENSONG accepts online payment through credit card or debit card. All payments sent electronically shall be securely transmitted. HIDDENSONG may also accept payment through check or purchase order. HIDDENSONG will begin processing orders immediately upon verification that payment has been received. The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the User upon acceptance. User shall have the right to inspect the goods on arrival and, within 5 days after delivery, User must give notice to HIDDENSONG of any claim for damages on account of condition, quality or grade of the goods, and User must specify the basis of the claim of User in detail through email at admin@hiddensong.com. The failure of User to comply with these conditions shall constitute irrevocable acceptance of the goods by User.

5.  Acceptable Use of the Site.

5.1 General Use Rules. You may use this Site only for lawful purposes within the stated context of HIDDENSONG's intended and acceptable use of the Site for Services. HIDDENSONG is the sole interpreter of the Site’s intended and acceptable use. Any references to products, items or services on the Site, together with outside textual contributions, are prepared carefully in order to provide Users with valuable information. In cases where the Content is obtained from a third party, HIDDENSONG takes all reasonable steps to make sure that such information is correct and up to date. However, if any part of such information is found to be incorrect, you are requested to immediately inform HIDDENSONG as soon as possible by sending us an email at  admin@hiddensong.com.

5.2 License to Use by Registered Users. Certain Users may elect to create an account with the Site, whereby they become registered users ("Registered Users"). A Registered User may provide HIDDENSONG with certain information including, without limitation: name, username, email and password (collectively, the "User Account"). Each Registered User is responsible for maintaining the confidentiality of the User Account information. A Registered User shall be responsible for all uses of the User Account on the Site, whether or not authorized by the Registered User. Notwithstanding the foregoing, the Registered User shall immediately notify HIDDENSONG of any unauthorized use of a User Account. Moreover, if any User learns of any unauthorized use of a User Account, such User shall immediately notify HIDDENSONG thereof. A Registered User may cancel its User Account by contacting HIDDENSONG by sending an email at admin@hiddensong.com. That communication shall have in its subject line "Request to Terminate User Account." Notwithstanding the foregoing, and as previously set forth, HIDDENSONG may cancel a User Account at any time, and without prior notice to the Registered User. All references herein to Users shall incorporate those Users that are Registered Users, unless specifically stated otherwise. Information that Registered Users include in their User Account may be accessible to other Users and to the public. Accordingly, Registered Users shall not include in the User Account any information that is personal or otherwise of a nature that they do not wish to be public. Without limitation, telephone numbers, street addresses, last names and photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter should not be included in the User Account or otherwise submitted to the Site. Notwithstanding the foregoing, and despite any efforts that HIDDENSONG may elect to undertake regarding the inclusion of the forgoing materials, Users acknowledge and agree that the Site may nevertheless contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. HIDDENSONG assumes no responsibility for those materials, and User acknowledges and agrees that it is undertaking the risk of being exposed to the same by utilizing the Site. In the event that the User becomes aware of any such inappropriate content by sending  an email at admin@hiddensong.com, it shall immediately notify HIDDENSONG of the same with a subject line entitled "Inappropriate Content." HIDDENSONG hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for receiving Services described hereinabove. This authorizes you to access the aforementioned information and use of Services as available on HIDDENSONG’s Site, which may only be used solely for your personal use.

5.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions. HIDDENSONG takes no responsibility for the communications or information contained in any posts or forum where Users or third-parties may submit the same on the Site (collectively, "Third Party Content"). The views expressed in any Third Party Content are merely those of the poster, and do not necessarily reflect the views of HIDDENSONG or any person or entity affiliated with the HIDDENSONG. HIDDENSONG has no obligation to screen in advance, nor is HIDDENSONG responsible for screening or monitoring Third Party Content. Furthermore, HIDDENSONG does not endorse any opinions or views expressed in the Third Party Content. HIDDENSONG may, but undertakes no duty to, review, delete, re-arrange or restrict access to any Third Party Content or other content submitted to HIDDENSONG for any reason, in its sole discretion. HIDDENSONG may, but shall be under no obligation to, expel Users and prevent their further access to the Site for violating the Terms and Conditions, applicable law, rule or regulation, or for conduct that is abusive, illegal or disruptive, or otherwise poses a potential liability for HIDDENSONG. Without limitation, HIDDENSONG may cancel Registered Users’ User Accounts (as defined herein) and/or other access to the Site at any time, for any or no reason. Moreover, and without limitation, other aspects of the Materials and other content on the Site may consist of information from third parties, including without limitation, information included in the entertainment and news sections of the Site. HIDDENSONG takes no responsibility for the information contained in content provided by third party links or information provided to HIDDENSONG by third parties, and shall have no liability to a User in that regard. Accordingly, User shall not rely on the information contained in the Site in any manner. No one under the age of eighteen (18) is permitted to Use the Website without the involvement of a parent or guardian. Such Use by a person under the age of eighteen (18) shall only be permitted if the individual’s parent or guardian has provided written consent to HIDDENSONG relating to the child’s use of the Website. The parent or guardian may provide such written consent by contacting HIDDENSONG by sending  an email at admin@hiddensong.com. If the User is a parent and believes HIDDENSONG may have inadvertently collected such information from User’s child, please notify HIDDENSONG immediately by contacting HIDDENSONG. Moreover, Users should be aware of the fact that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist the User in limiting access to material that it considers to be harmful to minors. In the event that any aspect of the Website or these Terms and Conditions is prohibited by law in User’s jurisdiction, User agrees not to Use the Website. It is solely User’s responsibility to determine whether it is allowed by law to participate in the Website. Without limitation, the User releases HIDDENSONG from all liability that could arise from User’s prohibited participation in the Website or acceptance of these Terms and Conditions. Moreover, and without limiting the indemnification otherwise provided herein, User shall indemnify, defend and hold HIDDENSONG and all HIDDENSONG Parties harmless for any and all damages relating to a violation of this Section. In light of the international scope of the Internet, User agrees to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, User acknowledges and agrees that it shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which the User may reside. User agrees to indemnify and hold HIDDENSONG, and its directors, shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content User transmit through the service, User’s use of the Service, User’s connection to the Service, User’s violation of the Terms and Conditions, or User’s violation of any rights of another. Users of this Site and the software provided by this Site may not use the service to send: spam text messages, promotional messages that may be viewed as spam, bulk text or bulk email messages, other unwarranted solicitations, content which includes advertising or marketing material, content that may be deemed unlawful, threatening, harassing, abusive, libelous, defamatory, racist, sexually explicit, pornographic, obscene, indecent, vulgar, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct in any way, or any content that violates or infringes on the legal rights of other individuals or business entities. By utilizing the Website, the User makes the material representation upon which the User wishes HIDDENSONG to reasonably rely, that he will comply with the code of conduct set forth below:

5.3.1 The User, when utilizing the Website, will not do so in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating HIDDENSONG’s intellectual property or that of another;

5.3.2 The User will not utilize the Website in a manner that is harmful to HIDDENSONG or any other person or entity;

5.3.3 The User, through the Website, will not harass or advocate the harassment of any other person;

5.3.4 The User will not utilize the Website to exploit people in a sexual and/or violent manner;

5.3.5 The User will not utilize any information that the User gained as a result of using the Website to illegally or improperly violate another person’s or entity’s privacy rights.

5.3.6 The User shall not utilize the Website to post any information that would create a privacy or security risk to any person, including without limitation posting a person’s address, telephone number, photograph, social security number or credit card number(s);

5.3.7 The User shall not upload, provide links to or otherwise provide any content or information that is infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper or objectionable;

5.3.8 The User shall not utilize any of HIDDENSONG’s trademarks as metatags on other websites or otherwise use HIDDENSONG’s trademarks for User’s own advertising or pecuniary gain, including without limitation utilization as Google® AdWords;

5.3.9 The User shall not utilize the Website in regard to any commercial activities, advertising or sales without the prior written consent of HIDDENSONG, which may be unreasonably withheld;

5.3.10 The User shall not use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner;

5.3.11 The User will not restrict any other user from properly using the Website, including without limitation, by way of "computer hacking" or otherwise altering the software or functionality of the Website and its underlying programs;

5.3.12 The User will not imply that any of his statements are endorsed by HIDDENSONG, or that User is otherwise associated with HIDDENSONG in any manner;

5.3.13 The User shall not buy, sell, share or otherwise disseminate any other User’s username, password or other personal information;

5.3.14 The User shall not forge headers or otherwise manipulate web pages or other aspects of the Website in a manner so as to try to disguise Third Party Content;

5.3.15 The User will not use the Website if the User is not able to form legally binding contracts, is under the age of eighteen (18), except with parent or guardian participation, as specifically provided herein, or has been temporarily or indefinitely suspended from the Website;

5.3.16 The User will not transmit any material, non-public information about any person or entity without the proper authorization to do so;

5.3.17 The User will not transmit any advertisements, solicitations or any unsolicited communication without HIDDENSONG’s express permission to do so;

5.3.18 The User will not cover or obscure any advertisements located within the Website;

5.3.19 The User will not post to the Website any incomplete, false or inaccurate information or information which does not belong to the User;

5.3.20 The User will not revise, modify, reverse engineer or in any way alter any portion of the Website or its contents or underlying technology;

5.3.21 The User will not "frame" or "mirror" any part of the Website;

5.3.22 The User will not utilize any device to enable him to circumvent the structure of the Website and/or spam or flood the site;

5.3.23 The User will not collect any information about other users to the Website without HIDDENSONG’s express permission to do so;

5.3.24 The User will not sell or otherwise transfer his User Account;

5.3.25 The User shall not impersonate any other person and/or falsely state or otherwise misrepresent that he has an affiliation with any other person or entity, or otherwise mislead, deceive or defraud HIDDENSONG, another User or any other party; and

5.3.26 The User will not create a database utilizing any information found within the Website.

6. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of HIDDENSONG or its licensors, and is protected by United States copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, HIDDENSONG reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "HIDDENSONG," HIDDENSONG design logo and certain other names or logos are service marks or trademarks of HIDDENSONG, and all related product and service names, design marks and slogans are the service marks or trademarks of HIDDENSONG. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by HIDDENSONG's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You further acknowledge and agree that Content contained in sponsor advertisements, information provided by third parties or information presented to you by advertisers on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

6.1 Site may now or in the future permit the submission of Picture, Texts, Parameters, Videos or other communications submitted by Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, HIDDENSONG does not guarantee any confidentiality with respect to any submissions.

6.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HIDDENSONG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Site, you hereby grant HIDDENSONG a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and HIDDENSONG's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

6.3 In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HIDDENSONG all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage HIDDENSONG or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. HIDDENSONG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and HIDDENSONG expressly disclaims any and all liability in connection with User Submissions. HIDDENSONG does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HIDDENSONG will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. HIDDENSONG reserves the right to remove Content and User Submissions without prior notice. HIDDENSONG also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. HIDDENSONG may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

6.4 You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that HIDDENSONG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HIDDENSONG with respect thereto, and agree to indemnify and hold HIDDENSONG, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

6.5 HIDDENSONG permits you to link to materials on the Website for personal, non-commercial purposes only.

7. Disclaimers and Limitations on HIDDENSONG's Liability.

7.1 Allocation of Responsibility. HIDDENSONG assumes no responsibility for the activities, omissions or other conduct of Users or Third parties.

7.2 No Endorsements by HIDDENSONG. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or any third party, whether in regards to its Website, goods, products, services, or otherwise.

7.3 No Guaranty of Results. HIDDENSONG makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the User’s objectives.

7.4 WARRANTY DISCLAIMERS. (a) THE SITE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HIDDENSONG, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. HIDDENSONG MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) HIDDENSONG DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HIDDENSONG IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) HIDDENSONG makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Users, or of any other form of communication engaged in by Users. Information provided by Users or any third party may contain inaccuracies or typographical errors. You agree that any reliance on information and any other form of communication from Users, or any third party will be at your own risk.

(iii) HIDDENSONG makes no representations or guarantees regarding the Content of the Site, including, but not limited to, hyperlinks, broken links, inaccuracies or typographical errors. 

7.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. YOU ASSUME ANY AND ALL RESPONSIBILITY FOR ANY FRAUDULENT ACTIVITY ON THE SITE.

(b) IN NO EVENT SHALL HIDDENSONG (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIDDENSONG HAS BEEN NOTIFIED OF SUCH DAMAGES.

(c) Due to the nature of these Terms and Conditions, in addition to money damages, HIDDENSONG will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

8. Amendments to this Agreement and Changes to Site. HIDDENSONG may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify HIDDENSONG of your termination of registration immediately pursuant to the Notice provision in provision 9 and immediately discontinue your use of the Services.

9. Indemnity. You agree to defend, indemnify, and hold harmless HIDDENSONG (and its officers, managers, members, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. HIDDENSONG shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

10. Registered User Information. The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through HIDDENSONG’s on-line operations only. In addition, HIDDENSONG reserves the right to comply, in its sole discretion, with legal requirements.

11. Questions and Notices. Questions concerning the use of the Site should be directed to admin@hiddensong.com.  Notices shall be sent, for HIDDENSONG, to the address listed on the Site, and, for you, to the address submitted by you or such other address as HIDDENSONG reasonably determines is an appropriate address for you.

12. General. HIDDENSONG’s contact information is listed on the Site. HIDDENSONG makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access HIDDENSONG from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Clark County, California, United States of America. You and HIDDENSONG’s sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by HIDDENSONG in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and HIDDENSONG.

13.  Mediation and Arbitration.  

13.1      Any disputes between the parties hereto whether arising under these Terms and Conditions or otherwise which the parties cannot resolve between themselves in good faith shall be referred to a mediator residing in Los Angeles County, California, and any mediation shall be held in Los Angeles County, California.  You will bear the cost of said mediation.  Mediation shall be in accordance with the procedures of the American Arbitration Association (hereinafter “AAA”).

13.2      If for any reason said dispute is not resolved by mediation within thirty days, the parties shall submit the dispute to a neutral arbitrator residing in Los Angeles County, California. Should the parties fail to agree on one arbitrator, they shall submit their dispute to a panel of three arbitrators. Each party shall choose one arbitrator and the chosen arbitrators shall mutually agree on a third arbitrator.  Should the two chosen arbitrators fail to act or agree on such third arbitrator, or the arbitrator selected by You fails to cooperate with such arbitration of the dispute in good faith, then the third arbitrator shall be selected by the arbitrator initially chosen by HIDDENSONG.  

13.3      The arbitration shall be held in Los Angeles County, California and You will bear the cost of said arbitration.  Arbitration shall be in accordance with the procedures of the AAA, discovery shall be in accordance with the California Code of Civil Procedure, the arbitrator(s) shall resolve any discovery-related disputes, and a written award shall be entered forthwith.  Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration.  The decision of a majority of the arbitrator(s) shall be final and binding. 

13.4      Arbitration shall be the exclusive legal remedy of the parties.  Judgment upon the award may be entered in any court of competent jurisdiction.  The prevailing party shall be awarded attorney’s fees and costs of arbitration. 

13.5      If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including trial and appellate attorneys’ fees) incurred in enforcing the ruling or decision of the arbitrator. 

13.6      Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.

14.    Privacy Policy and Personal Information. You may be required to provide HIDDENSONG with any or all of the following information: name, e-mail address, and mailing address.  It is HIDDENSONG’s policy not to sell or market the Users of HIDDENSONG Services’ nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of HIDDENSONG business and to provide services to our Users. HIDDENSONG will share your nonpublic personal information with third parties only to the extent HIDDENSONG believes it is reasonably necessary to provide HIDDENSONG’s services.  In addition, in connection with providing services to you, HIDDENSONG may also share your nonpublic personal and personally identifiable information with our affiliates. HIDDENSONG may only share your nonpublic personal and personally identifiable information with non-affiliates or other third parties only upon your consent. HIDDENSONG reserves the right to release such information to law enforcement or other governmental officials as, in HIDDENSONG’s sole and absolute discretion, it is deemed necessary to comply with the law. HIDDENSONG reserves the right to change this privacy statement in its sole and absolute discretion.

15.  Termination.  HIDDENSONG reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) the Terms and Conditions of this Agreement; (b) your registration with or ability to access HIDDENSONG’s Services and/or any other service provided to you by HIDDENSONG.