TERMS OF USE

Use of the HC3 Music website and pages is subject to the terms and conditions set forth below ("Terms of Use"). Please read these Terms of Use carefully. If you do not accept the Terms of Use, do not use the HC3 Music website. HC3 Music may revise these Terms of Use at any time by updating this page. You should visit this page periodically to review the Terms of Use because they are binding on you. Any use of these web pages constitutes your agreement to these Terms of Use.

Dolly.gif (8161 bytes)

1. Access and Use. The HC3 Music website ("Website") is controlled and operated by HC3 Music ("HC3 Music", "us", "we" or "our"). The Website is for informational purposes only. We authorize you to view and download a single copy of the material on this Website solely for your personal, noncommercial use. All contents and materials on the Website, whether provided by us or third parties, including, but not limited to, names, mp3 or other audio files, logos, trademarks, service marks, images, illustrations and other materials (collectively "Material"), are protected by copyright, trademark and other laws, in both the United States and in other countries. Nothing in these Terms of Use or on the Website shall be construed as granting you any license or other rights to the Material or any other intellectual property of HC3 Music or any of the artists featured on its pages. None of the Material may be copied, reproduced, republished, transmitted, posted, uploaded, distributed or modified in any way, or for any purpose, without the express, written consent of the applicable rights holder(s) in each and every instance. You may not add to, delete, distort, sell, modify, reproduce, display, publicly perform or otherwise use the Material in any way for any public or commercial purpose. Special rules may also apply to the use of certain software and other items provided on the Website. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on or in any other Website or software or in a networked computer environment for any purpose other than your own personal use is prohibited. If you violate any of these Terms of Use, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of any of the Material.

2. Third Party Links and Materials. The Website contains links to third party Internet sites. We provide links solely as a convenience to you and not as an endorsement of the contents, products, services, terms of use, privacy policies, owners or operators of any such third-party sites. HC3 Music is not responsible for the content of linked third-party sites and does not make any representations regarding the content, usefulness, functionality or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk. It is your responsibility to verify that material originating on such third-party sites is free of computer viruses, worms, Trojan horses or other files of a disruptive and/or destructive nature.

3. Access.  Access to some or all of the information and/or Material contained on the Website may not be legal by certain persons and/or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

4. Illegal or Malicious Activity. You may only use the Website and its contents for lawful purposes and in accordance with applicable laws. You are prohibited from storing, distributing or transmitting any unlawful material on or through the Website and are forbidden from collecting or storing personal information regarding other users. You acknowledge that storing, distributing or transmitting unlawful material can expose you to criminal and/or civil penalties and liability. Should a third party claim that material you have posted or contributed to this Website is unlawful, you will bear the burden of proving that it is lawful. You agree not to use or interact with the Website or use any of the Material in a manner that is illegal or likely to contaminate, disrupt, destroy or interrupt the service or content available on the Website and/or other users' computers. In particular, but without limiting the foregoing, you agree not use or interact with the Website, or use any of the Material, in a manner that would:

  • breach the security of the Website, HC3 Music or any user, or otherwise wrongfully access, use or modify the information of our clients and/or users;
  • violate any applicable law or constitute or advocate illegal activity;
  • result in the transmission of junk mail, chain letters or other unsolicited bulk-email or duplicative messages;
  • constitute an advertisement or other solicitation for funds, goods, services, advertisers or sponsors, or otherwise constitute engaging in commercial activity;
  • infringe on the intellectual property or other right of any person or entity;
  • have the effect of collecting information about other users of the Website without their consent, including, but not limited to, their email addresses;
  • intentionally alter the format in which data is provided by us;
  • result in the disruption of the normal flow of dialogue or otherwise adversely affect the ability of other users to engage in real-time activities via the Website;
  • constitute providing false information about yourself, be an impersonation of any other person or entity or mislead others about your identity or the origin of any content, message or other communication;
  • constitute selling, or an offer to sell, access to or the use of this Website, including any content contained hereon, downloaded or accessed from this Website;
  • interfere with or constitute an attempt to gain unauthorized access to any portion of the Website, its computer systems, servers or networks
  • transmit programs, code or scripts that contain computer viruses, Trojan horses, worms, time bombs or other files of a destructive nature; or

YOU AGREE THAT YOUR USE OF THE WEBSITE, THE MATERIALS AND ANY PRODUCT OR SERVICE USED OR PURCHASED ON THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS IS" AND AS AVAILABLE AND IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. HC3 MUSIC MAKES NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES REGARDING THE SITE OR THE CONTENT THEREIN AND ACCESSIBLE THEREFROM, AND SPECIFICALLY DISCLAIM ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, UNINTERRUPTED USE OF OR TIMELINESS OF CONTENT AND SERVICES WITHIN OR LINKED TO THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, HC3 MUSIC SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER OR ONLINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON'S COMPUTER AS A RESULT OF USING THE WEBSITE.

5. Limitation on Our Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL HC3 MUSIC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER TYPES OF INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR PROFITS) RELATING TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INTERACTION WITH OR CONNECTION TO THE WEBSITE, EVEN IF ANY SUCH PERSON OR ENTITY HAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER HOW CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE.

6. Indemnity. You agree to defend, indemnify, and hold harmless HC3 Music from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Material (including any Software), your breach of any of the Terms of Use, your illegal conduct or your infringement of the intellectual property or other property rights of any other person or entity. We shall provide notice to you promptly of any such claim, action or demand.

7. Privacy Policy. Our use of any information obtained about you while you are using the Website shall be subject to the terms of our Privacy Policy

8. General. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  These Terms of Use constitute the entire agreement between you and us with respect to the use of Website. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of the HC3 Music.

© 2003 - 2010 HC3 Music. All rights reserved.