TERMS AND CONDITIONS

Welcome to UMEHUB.com!

These are the terms and conditions for:

https://umehub.com

 By accessing the UMEHUB website, (hereby “our website” “the UMEHUB website” or “the website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use our website and platform. In these Terms, “we”, “us”, “our” and ” Five Mics Music & Media, UMEHUB” refers to Five Mics Music & Media, UMEHUB and “you” and “your” refers to you, the user of our Website and platform.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION, SERVICES OR PRODUCTS.

ACCEPTANCE OF TERMS

This Agreement sets forth legally binding terms for your use of UMEHUB. By using UMEHUB, you agree to be bound by this Agreement, whether you are a “Guest” (which means that you simply browse UMEHUB website) or you are a “Owner” (which means that you have registered on UMEHUB as a user). If you do not accept the terms of this Agreement, you should leave UMEHUB websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on UMEHUB. You agree to be bound by any modification to this Agreement when you use UMEHUB after any such modification is posted; it is therefore important that you review this Agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. UMEHUB may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the platform is revoked in such jurisdictions.

ELIGIBLITY

You may use the website and services only if you can form a binding contract with UMEHUB, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this website and services for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.  

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

UMEHUB

UMEHUB offers through this website the following services and content:

• Music content creator’s directory
• Content Listings
• Beat contest
• Music contest

For more information about our services, please contact us, through our contact page, our customer service team will be attentive and available to answer your questions and concerns.

Vonnisha LLC

UMEHUB

Mailing Address:

EMAIL: admin@icfivemics.com

Phone: 951-480-0843

PAYMENTS

All payments to UMEHUB are handled securely. Services and products will be paid through “Square” and “PayPal” (payment platforms available on UMEHUB).

Payment will be debited from your credit card or PayPal account, immediately on you placing the order for the service or product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products and services. UMEHUB reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products and services.

LICENSE TO USE THE PLATFORM

Five Mics Music & Media owners of UMEHUB  gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by UMEHUB as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by UMEHUB, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The User agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the UMEHUB website or third parties.

ACCOUNT AND SECURITY

If you register on UMEHUB website, you will be required to choose a password and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify UMEHUB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from UMEHUB. UMEHUB will not be liable for any loss or damage arising from your failure to comply with this Agreement. Your account is non-transferable and non-assignable.

By providing UMEHUB with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

ACCOUNT DELETION AND TERMINATION

The users may terminate their accounts any time, for any reason, by following the instructions on UMEHUB. That termination will only result in the deletion of the account and the deletion of all the personal data granted to UMEHUB.

UMEHUB reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if UMEHUB believes that you have breached any of these terms, furnished Five Mics Music & Media with false or misleading information, or interfered with use of the website or the service by others.

THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Five Mics Music & Media UMEHUB, its merchants, or its content suppliers (users) and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Five Mics Music & Media and protected by international copyright laws. All software used on this site is the property of Five Mics Music & Media or UMEHUB its software suppliers and protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.

COPYRIGHT COMPLAINTS

Five Mics Music & Media UMEHUB respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the UMEHUB website infringe upon your copyright or other intellectual property right, please send the following information to: 

1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

1. A statement specifically identifying the location of the infringing material, with enough detail that Five Mics Music & Media may find it on the UMEHUB Site.  Please note: it is not sufficient to merely provide a top-level URL.

1. Your name, address, telephone number and e-mail address.

1. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

1. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

USER CONTENT

Certain features of the website may permit users to upload content, which may be comprised of messages, videos, images, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. Five Mics Music & Media, UMEHUB is not responsible for the accuracy, safety or legality of user content published in the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content.

LICENSE GRANT TO FIVE MICS MUSIC & MEDIA

By providing user content through the Website, you grant Five Mics Music & Media, UMEHUB a worldwide, non-exclusive, royalty-free, fully paid (with the right to sublicense) right and license to host, store, transfer, display, perform, reproduce, modify, display and distribute your user content, in whole or in part, on the website.

USER CONTENT REPRESENTATIONS AND WARRANTIES

Five Mics Music & Media UMEHUB disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the Service, you affirm, represent, and warrant that:

1. a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Five Mics Music & Media UMEHUB and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Five Mics Music & Media, UMEHUB, the Service, and these Terms.
2. b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause UMEHUB, Five Mics Music & Media to violate any law or regulation.
3. c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
4. d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

USER CONTENT DISCLAIMER

We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. Five Mics Music & Media, UMEHUB may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Five Mics Music & Media, UMEHUB with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Five Mics Music & Media, UMEHUB does not permit copyright-infringing activities on the service.

CONTENT REVIEW

Five Mics Music & Media does not control and does not have any obligation to monitor: (a) user content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Five Mics Music & Media, UMEHUB reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Five Mics Music & Media, UMEHUB chooses to monitor the content, Five Mics Music & Media, UMEHUB still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.

PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to  Five Mics Music & Media or licensed to the Five Mics Music & Media, UMEHUB by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

1. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Five Mics Music & Media UMEHUB;

1. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

• Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

1. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

1. Deep-link to any portion of the Services for any purpose without our express written permission;

1. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Five Mics Music & Media, UMEHUB in connection with the services;

• Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or

1. Download any Content unless it’s expressly made available for download by Five Mics Music & Media, UMEHUB.

DISCLAIMER OF WARRANTIES

Five Mics Music & Media, UMEHUB will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet Five Mics Music & Media, UMEHUB provides and maintains The Website on an “as is”, “as available” basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse Five Mics Music & Media, UMEHUB for any loss or damage caused as a result.

Five Mics Music & Media, UMEHUB will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Five Mics Music & Media, UMEHUB excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to  Five Mics Music & Media, UMEHUB and  Five Mics Music & Media, UMEHUB shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on UMEHUB;
• Any interruptions to or delays in updating UMEHUB;
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Websiteor any product or service purchased through the website;
• Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from Five Mics Music & Media, UMEHUB.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

UMEHUB AND THIRD PARTIES

Five Mics Music & Media, UMEHUB contains Content of third-party licensors to Five Mics Music & Media, UMEHUB which is protected by copyright, trademark, patent, trade secret and other laws. Five Mics Music & Media, UMEHUB owns and retains all rights, title and interest in the Content. Five Mics Music & Media, UMEHUB hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Five Mics Music & Media, UMEHUB or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Five Mics Music & Media, UMEHUB and using the Service.

Any dealings with third parties included within or on Five Mics Music & Media, UMEHUB involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Five Mics Music & Media, UMEHUB is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Five Mics Music & Media, UMEHUB does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Five Mics Music & Media, UMEHUB or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Five Mics Music & Media, UMEHUB is provided to you for informational purposes only. Five Mics Music & Media, UMEHUB encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Five Mics Music & Media, UMEHUB works to ensure the information on Five Mics Music & Media, UMEHUB is current and accurate.

NON-COMMERCIAL USE

The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by Five Mics Music & Media, UMEHUB. Unauthorized framing of or linking to any of Five Mics Music & Media, UMEHUB is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.

SECURITY COMPONENTS

You understand that Five Mics Music & Media, UMEHUB and software embodied within Five Mics Music & Media, UMEHUB may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Five Mics Music & Media, UMEHUB and/or content providers who provide content to Five Mics Music & Media, UMEHUB platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Five Mics Music & Media, UMEHUB.

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Five Mics Music & Media, UMEHUB for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

INDEMNIFICATION

You agree to defend and indemnify Five Mics Music & Media, UMEHUB from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this Agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the Five Mics Music & Media, UMEHUB website, platform and services.
• The purchase of subscriptions and products.

CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

ASSIGNMENT

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Five Mics Music & Media, UMEHUB without restriction.

INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legal notices published by Five Mics Music & Media, UMEHUB shall constitute the entire agreement between you and Five Mics Music & Media, UMEHUB concerning and governs your use of the platform and website.

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Five Mics Music & Media, UMEHUB website, will be settled by binding arbitration between you and  Five Mics Music & Media, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Five Mics Music & Media, UMEHUB  are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Five Mics Music & Media, UMEHUB  otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

FINAL PROVISIONS

These Terms are governed by the USA law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.