Terms of Service

Introduction

Welcome to Higher Recordings, a subsidiary of Phi Digital LLC, a Wyoming company. These Terms of Service ("Terms") govern your access to and use of the Higher Recordings website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Definitions

• Company: Higher Recordings, LLC, a subsidiary of Phi Digital LLC, a Wyoming company.
• Services: The website, mobile applications, and all services offered by Higher Recordings.
• User: Any individual who accesses or uses our Services.
• Content: Any music, audio, videos, text, images, or other materials that can be viewed or accessed through our Services.

Account Registration

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We may also suspend or terminate your account if we suspect unauthorized or fraudulent use of your account.

Purchases and Subscriptions

Our Services may include the ability to purchase music, merchandise, sound packs, or other products, as well as to subscribe to premium services. By making a purchase or subscribing to our services, you agree to the following:

• You authorize us to charge your selected payment method for the total amount of your purchase or subscription.
• Subscriptions will automatically renew until cancelled by you. You can cancel your subscription at any time through your account settings or by contacting our customer support.
• We reserve the right to change our subscription fees at any time. If we do so, we will give you advance notice of these changes.
• Digital purchases are final and non-refundable unless required by law.
• Physical merchandise purchases may be returned according to our Return Policy.

Content and Intellectual Property

All Content provided through our Services, including but not limited to music, audio tracks, artwork, logos, and texts, is owned by Higher Recordings or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purpose without the prior written consent of Higher Recordings or the respective licensors of the Content. You agree not to circumvent, disable, or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content.

User Content and Conduct

Our Services may allow you to post, link, store, share, or otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

By providing User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our business.

You agree not to post User Content or engage in any activity on our Services that:

• Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable.
• Violates 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.
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
• Involves commercial activities such as contests, sweepstakes, or other sales promotions, barter, or advertising, without our prior written consent.
• Contains any virus, malware, or other harmful component, or otherwise interferes with or disrupts our Services.

Digital Millennium Copyright Act (DMCA)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you claim has been infringed.
3. Identification of the material that is claimed to be infringing and where it is located on the Service.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following designated copyright agent:

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HIGHER RECORDINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HIGHER RECORDINGS MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

IN NO EVENT SHALL HIGHER RECORDINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HIGHER RECORDINGS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Higher Recordings, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

Governing Law

These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Higher Recordings that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

Contact Us

If you have questions about these Terms, please contact us at: