Hitmusiclink.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Hitmusiclink Services at any time, for any or no reason, with or without prior notice, and without liability. Hitmusiclink expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Hitmusiclink Services if Hitmusiclink determines, in its sole discretion, that you pose a threat to Hitmusiclink and/or its Users.
1. Eligibility. Use of and Membership in the Hitmusiclink Services is void where prohibited. By using the Hitmusiclink Services, 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 16 years of age or older; and
(d) your use of the Hitmusiclink Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Hitmusiclink Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Hitmusiclink.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Hitmusiclink.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Proprietary Rights in Content on Hitmusiclink.com.
1. Hitmusiclink.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Hitmusiclink Services. After posting your Content to the Hitmusiclink Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Hitmusiclink Services, you hereby grant to Hitmusiclink.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Hitmusiclink Services. Without this license, Hitmusiclink.com would be unable to provide the Hitmusiclink Services.
The license you grant to Hitmusiclink.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Hitmusiclink.com), fully-paid and royalty-free (meaning that Hitmusiclink.com is not required to pay you for the use on the Hitmusiclink Services of the Content that you post), sublicensable (so that Hitmusiclink.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Hitmusiclink Services), and worldwide (because the Internet and the Hitmusiclink Services are global in reach).
This license will terminate at the time you remove your Content from the Hitmusiclink Services. The license grants Hitmusiclink.com the right to sell your Content, and the right to distribute your Content outside of the Hitmusiclink Services, in agreement to the terms of sale for each product uploaded and sold to an end user through the PayPal mechanism.
2. You represent and warrant that:
(i) you own the Content posted by you on or through the Hitmusiclink Services or otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the Hitmusiclink Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Hitmusiclink Services.
3. The Hitmusiclink Services contain Content of Hitmusiclink.com (“Hitmusiclink.com Content”). Hitmusiclink.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Hitmusiclink.com owns and retains all rights in the Hitmusiclink.com Content and the Hitmusiclink Services. The Hitmusiclink Services contain Content of Users and other Hitmusiclink.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Hitmusiclink Services.
4. Content Posted.
1. Hitmusiclink.com may delete any Content that in the sole judgment of Hitmusiclink.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Hitmusiclink.com assumes no responsibility for monitoring the Hitmusiclink Services for inappropriate Content or conduct. If at any time Hitmusiclink.com chooses, in its sole discretion, to monitor the Hitmusiclink Services, Hitmusiclink.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Hitmusiclink Services, and any material or information that you transmit to other Members and for your interactions with other Users. Hitmusiclink.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Hitmusiclink.com prior to posting and does not necessarily reflect the opinions or policies of Hitmusiclink.com. Hitmusiclink.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
5. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Hitmusiclink Services. Hitmusiclink.com reserves the right to investigate and take appropriate legal action against anyone who, in Hitmusiclink.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Hitmusiclink Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Hitmusiclink.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. street addresses, last names
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8. involves the transmission of “junk mail,”"chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person’s consent; or
14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Hitmusiclink Website and through your use of the Hitmusiclink Services. Hitmusiclink.com reserves the right to investigate and take appropriate legal action against anyone who, in Hitmusiclink.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Hitmusiclink Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Hitmusiclink Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Hitmusiclink.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Hitmusiclink.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Hitmusiclink Services, you acknowledge that you will have caused substantial harm to Hitmusiclink.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Hitmusiclink.com $100 for each such unsolicited email or other unsolicited communication you send through the Hitmusiclink Services;
17. covering or obscuring the banner advertisements on your personal profile page, or any Hitmusiclink.com page via HTML/CSS or any other means;
18. any automated use of the system, such as using scripts to add friends or send comments or messages;
19. interfering with, disrupting, or creating an undue burden on the Hitmusiclink Services or the networks or services connected to the Hitmusiclink Services;
20. attempting to impersonate another Member or person;
21. copying the code for your Hitmusiclink Player and embedding it into other profiles or asking other Members to embed it into their profiles;
22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
23. selling or otherwise transferring your profile;
24. using any information obtained from the Hitmusiclink Services in order to harass, abuse, or harm another person;
25. using the Hitmusiclink Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
It is the policy of Hitmusiclink.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Hitmusiclink.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Hitmusiclink Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Hitmusiclink Services;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Hitmusiclink.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Hitmusiclink.com LLC, P.O. Box 241, Clifton, TX, 76634; and email: duke@hitmusiclink.com Subject: Copyright Agent
